Utah Code 78B-6-1109. Abatement by eviction order — Grounds
Current as of: 2024 | Check for updates
|
Other versions
An order of abatement by eviction may issue only upon a showing by the applicant by a preponderance of the evidence that:
(1) the applicant will suffer irreparable harm unless the order of abatement by eviction issues;
Terms Used In Utah Code 78B-6-1109
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
(2) the threatened injury to the applicant outweighs whatever damage the proposed order of abatement by eviction may cause the party so ordered;
(3) the order of abatement by eviction, if issued, would not be adverse to the public interest; and
(4) there is a substantial likelihood that the applicant will prevail on the merits of the underlying claim, or the case presents serious issues on the merits which should be the subject of further litigation.