Terms Used In Utah Code 78B-6-2407

• Asbestos: means chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform amphibole minerals, and any of these minerals that have been chemically treated or altered, including all minerals defined as asbestos in 29 C. See Utah Code 78B-6-2401
• Asbestos action: means a claim for damages or other civil or equitable relief presented in a civil action resulting from, based on, or related to:
            (4)(a)(i) the health effects of exposure to asbestos, including:

                 (4)(a)(i)(A) loss of consortium;

                 (4)(a)(i)(B) wrongful death;

                 (4)(a)(i)(C) mental or emotional injury;

                 (4)(a)(i)(D) risk or fear of disease or other injury; and

                 (4)(a)(i)(E) costs of medical monitoring or surveillance; and
            (4)(a)(ii) any other derivative claim made by or on behalf of an individual exposed to asbestos or a representative, spouse, parent, child, or other relative of that individual. See Utah Code 78B-6-2401
• Asbestos trust: means a:
       (5)(a) government-approved or court-approved trust that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos or asbestos-containing products;
       (5)(b) qualified settlement fund that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos or asbestos-containing products;
       (5)(c) compensation fund or claims facility created as a result of an administrative or legal action that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos or asbestos-containing products;
       (5)(d) court-approved bankruptcy that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos or asbestos-containing products; or
       (5)(e) plan of reorganization or trust pursuant to Utah Code 78B-6-2401
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• 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.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plaintiff: means :
       (22)(a) the person bringing the asbestos action, including a personal representative if the asbestos action is brought by an estate; or
       (22)(b) a conservator or next friend if the asbestos action is brought on behalf of a minor or legally incapacitated individual. See Utah Code 78B-6-2401
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust claims materials: means a final executed proof of claim and all other documents and information related to a claim against an asbestos trust, including:
       (34)(a) claims forms and supplementary materials;
       (34)(b) affidavits;
       (34)(c) depositions and trial testimony;
       (34)(d) work history;
       (34)(e) medical and health records;
       (34)(f) documents reflecting the status of a claim against an asbestos trust; and
       (34)(g) all documents relating to the settlement of the trust claim if the trust claim has settled. See Utah Code 78B-6-2401
• Trust governance documents: means all documents that relate to eligibility and payment levels, including:
       (35)(a) claims payment matrices; and
       (35)(b) trust distribution procedures or plans for reorganization for an asbestos trust. See Utah Code 78B-6-2401