Utah Code 77-15-7. Statute of limitations and speedy trial — Effect of incompetency of defendant
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(1) The statute of limitations is tolled during any period in which the defendant is adjudicated incompetent to proceed.
Terms Used In Utah Code 77-15-7
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Incompetent to proceed: means that a defendant is not competent to stand trial as a result of:(5)(a) mental illness; or(5)(b) intellectual disability. See Utah Code 77-15-2
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) Any period of time during which the defendant has been adjudicated incompetent to proceed and any period during which the defendant is being evaluated for competency may not be computed in determining the defendant’s speedy trial rights.