Terms Used In Utah Code > Title 41 > Chapter 3 > Part 4 - Disclosure Requirements

• Administrator: means the motor vehicle enforcement administrator. See Utah Code 41-3-102
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• agency: means a state, county, or local government entity that generates or maintains records relating to a civil order for which expungement may be ordered. See Utah Code 78B-7-1001
• Agent: means a person other than a holder of any dealer's or salesperson's license issued under this chapter, who for salary, commission, or compensation of any kind, negotiates in any way for the sale, purchase, order, or exchange of three or more motor vehicles for any other person in any 12-month period. See Utah Code 41-3-102
• Allegation: something that someone says happened.
• Americans with Disabilities Act: means the public accommodation protections of Title III of the Americans with Disabilities Act, 42 U. See Utah Code 78B-8-701
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Arrest: Taking physical custody of a person by lawful authority.
• Auction: means a dealer engaged in the business of auctioning motor vehicles, either owned or consigned, to the general public. See Utah Code 41-3-102
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bench trial: Trial without a jury in which a judge decides the facts.
• Body shop: means a person engaged in rebuilding, restoring, repairing, or painting the body of motor vehicles for compensation. See Utah Code 41-3-102
• Bona fide and compelling evidence: means that the evidence presented by the petitioning prosecutor establishes by a preponderance of the evidence that:
       (1)(a) the convicted person is significantly likely to be factually innocent;
       (1)(b) newly discovered material evidence, if presented at or before the time of trial, judgment of conviction, or sentencing, would have resulted in a significant probability that the result would have been different; or
       (1)(c) there exists information discovered or received by the petitioning prosecution agency after a judgment of conviction and sentencing that:

            (1)(c)(i) if disclosed to the convicted person prior to trial, judgment of conviction, or sentencing, would have resulted in a significant probability that the result would have been different; or

            (1)(c)(ii) significantly calls into question the legitimacy of the jury verdict, judgment of conviction, or sentence. See Utah Code 78B-9-502
• Bona fide and compelling issue of factual innocence: means that the newly discovered material evidence presented by the petitioner, if credible, would clearly establish the factual innocence of the petitioner. See Utah Code 78B-9-401.5
• Civil order: means :
       (2)(a) an ex parte civil protective order;
       (2)(b) an ex parte civil stalking injunction;
       (2)(c) a civil protective order; or
       (2)(d) a civil stalking injunction. See Utah Code 78B-7-1001
• Civil protective order: means an order issued, subsequent to a hearing on the petition, of which the petitioner and respondent have been given notice, under:
       (3)(a) Part 2, Child Protective Orders;
       (3)(b) Part 4, Dating Violence Protective Orders;
       (3)(c) Part 5, Sexual Violence Protective Orders;
       (3)(d) Part 6, Cohabitant Abuse Protective Orders; or
       (3)(e) Part 11, Workplace Violence Protective Orders. See Utah Code 78B-7-102
• Civil stalking injunction: means a stalking injunction issued under Part 7, Civil Stalking Injunctions. See Utah Code 78B-7-102
• Commission: means the State Tax Commission. See Utah Code 41-3-102
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Convicted person: means the person whose conviction or sentence is under review. See Utah Code 78B-9-502
• Conviction: A judgement of guilt against a criminal defendant.
• Conviction Integrity Unit: means a program established by a prosecution agency to conduct extrajudicial, fact-based reviews of criminal convictions and sentences. See Utah Code 78B-9-502
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Court: means the district court or juvenile court. See Utah Code 78B-7-201
• Crusher: means a person who crushes or shreds motor vehicles subject to registration under Chapter 1a, Motor Vehicle Act, to reduce the useable materials and metals to a more compact size for recycling. See Utah Code 41-3-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: includes a representative or consignee of any dealer. See Utah Code 41-3-102
• 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.
• Disease: means Human Immunodeficiency Virus infection, acute or chronic Hepatitis B infection, Hepatitis C infection, COVID-19 or another infectious disease that may cause Severe Acute Respiratory Syndrome, and any other infectious disease specifically designated by the Labor Commission, in consultation with the Department of Health and Human Services, for the purposes of this part. See Utah Code 78B-8-401
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Distributor: means a person who has a franchise from a manufacturer of motor vehicles to distribute motor vehicles within this state and who in whole or in part sells or distributes new motor vehicles to dealers or who maintains distributor representatives. See Utah Code 41-3-102
• Division: means the Motor Vehicle Enforcement Division created in Section 41-3-104. See Utah Code 41-3-102
• DNA: means deoxyribonucleic acid. See Utah Code 78B-9-301
• Emergency services provider: means :
       (4)(a) an individual licensed under Section 53-2d-402, a peace officer, local fire department personnel, or personnel employed by the Department of Corrections or by a county jail, who provide prehospital emergency care for an emergency services provider either as an employee or as a volunteer; or
       (4)(b) an individual who provides for the care, control, support, or transport of a prisoner. See Utah Code 78B-8-401
• Employee: means an employee in the service of an employer for compensation. See Utah Code 78B-7-1101
• Employer: means a person who employs an individual in this state. See Utah Code 78B-7-1101
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Establishing office: means the prosecution agency establishing a conviction integrity unit. See Utah Code 78B-9-502
• 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.
• Ex parte civil protective order: means an order issued without notice to the respondent under:
       (13)(a) Part 2, Child Protective Orders;
       (13)(b) Part 4, Dating Violence Protective Orders;
       (13)(c) Part 5, Sexual Violence Protective Orders;
       (13)(d) Part 6, Cohabitant Abuse Protective Orders; or
       (13)(e) Part 11, Workplace Violence Protective Orders. See Utah Code 78B-7-102
• Ex parte civil stalking injunction: means a stalking injunction issued without notice to the respondent under Part 7, Civil Stalking Injunctions. See Utah Code 78B-7-102
• Ex parte workplace violence protective order: means an order issued without notice to the respondent under this part. See Utah Code 78B-7-1101
• Expunge: means to seal or otherwise restrict access to an individual's record held by an agency when the record includes a civil order. See Utah Code 78B-7-1001
• Factually innocent: means the same as that term is defined in Section Utah Code 78B-9-301
• factually innocent: means a person did not:
       (2)(a) engage in the conduct for which the person was convicted;
       (2)(b) engage in conduct relating to any lesser included offenses of the crime for which the person was convicted; or
       (2)(c) commit any other felony arising out of or reasonably connected to the facts supporting the indictment or information upon which the person was convicted. See Utah Code 78B-9-401.5
• Factually innocent: means the same as that term is defined in Section Utah Code 78B-9-502
• First aid volunteer: means a person who provides voluntary emergency assistance or first aid medical care to an injured person prior to the arrival of an emergency medical services provider or peace officer. See Utah Code 78B-8-401
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fleet transaction: means a licensee's sale of one or more motor vehicles to a manufacturer-approved current fleet customer under the manufacturer's fleet program. See Utah Code 41-3-102
• Fraud: Intentional deception resulting in injury to another.
• Genetic genealogy database utilization: means the same as that term is defined in Section Utah Code 78B-9-301
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 78B-8-401
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Highway: includes :
       (15)(a) a public bridge;
       (15)(b) a county way;
       (15)(c) a county road;
       (15)(d) a common road; and
       (15)(e) a state road. See Utah Code 68-3-12.5
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Investigative genetic genealogy service: means the same as that term is defined in Section Utah Code 78B-9-301
• Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• law enforcement agency: means any public agency having general police power and charged with making arrests in connection with enforcement of the criminal statutes and ordinances of this state or any political subdivision. See Utah Code 78B-7-102
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legitimacy: means consistent with the United States and Utah constitutions, federal and state law, and all rules and principles of a fair and just legal system. See Utah Code 78B-9-502
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Manufacturer: means a person engaged in the business of constructing or assembling new motor vehicles, ownership of which is customarily transferred by a manufacturer's statement or certificate of origin, or a person who constructs three or more new motor vehicles in any 12-month period. See Utah Code 41-3-102
• Mediation: means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute. See Utah Code 78B-10-102
• Mediation communication: means conduct or a statement, whether oral, in a record, verbal, or nonverbal, that occurs during a mediation or is made for purposes of considering, conducting, participating in, initiating, continuing, or reconvening a mediation or retaining a mediator. See Utah Code 78B-10-102
• Mediator: means an individual who is neutral and conducts a mediation. See Utah Code 78B-10-102
• Medical testing procedure: means a nasopharyngeal swab, a nasal swab, a capillary blood sample, a saliva test, or a blood draw. See Utah Code 78B-8-401
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Motor vehicle: means a vehicle that is:
            (26)(a)(i) self-propelled;
            (26)(a)(ii) a trailer;
            (26)(a)(iii) a travel trailer;
            (26)(a)(iv) a semitrailer;
            (26)(a)(v) an off-highway vehicle; or
            (26)(a)(vi) a small trailer. See Utah Code 41-3-102
• Motorcycle: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-3-102
• New motor vehicle: means a motor vehicle that:
       (28)(a) has never been titled or registered; and
       (28)(b) for a motor vehicle that is not a trailer, travel trailer, or semitrailer, has been driven less than 7,500 miles. See Utah Code 41-3-102
• Newly discovered material evidence: means evidence that was not available to the petitioner at trial or during the resolution on the merits by the trial court of any motion to withdraw a guilty plea or motion for new trial and which is relevant to the determination of the issue of factual innocence, and may also include:
       (3)(a) evidence which was discovered prior to or in the course of any appeal or postconviction proceedings that served in whole or in part as the basis for vacatur or reversal of the conviction of petitioner; or
       (3)(b) evidence that supports the claims within a petition filed under Part 1, General Provisions, which is pending at the time of the court's determination of factual innocence. See Utah Code 78B-9-401.5
• Newly discovered material evidence: means the same as that term is defined in Section Utah Code 78B-9-502
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Peace officer: means the same as that term is defined in Section 53-1-102. See Utah Code 78B-8-401
• Period of incarceration: means any sentence of imprisonment, including jail, which was served after judgement of conviction. See Utah Code 78B-9-401.5
• Person: means an individual, corporation, estate, trust, business trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See Utah Code 78B-10-102
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Petitioner: means an individual petitioning for expungement of a civil order under this part. See Utah Code 78B-7-1001
• Petitioning prosecutor: means the prosecutor who files a civil petition seeking relief under this part. See Utah Code 78B-9-502
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Prisoner: means the same as that term is defined in Section 76-5-101. See Utah Code 78B-8-401
• Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Proceeding: means :
       (7)(a) a judicial, administrative, arbitral, or other adjudicative process, including related prehearing and posthearing motions, conferences, and discovery; or
       (7)(b) a legislative hearing or similar process. See Utah Code 78B-10-102
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Prosecution agency: means a county attorney, district attorney, the Office of the Attorney General, or other prosecution agency. See Utah Code 78B-9-502
• Prospective defendant: means a person that is an owner, lessor, or operator of a public accommodation, or a designated agent of the owner, lessor, or operator for service of process. See Utah Code 78B-8-701
• Prospective plaintiff: means an individual with a disability who may bring a cause of action under the Americans with Disabilities Act, Utah Code 78B-8-701
• Protective order: means :
       (5)(a) a child protective order; or
       (5)(b) an ex parte child protective order. See Utah Code 78B-7-201
• Protective order: means :
       (4)(a) a workplace violence protective order; or
       (4)(b) an ex parte workplace violence protective order. See Utah Code 78B-7-1101
• Public accommodation: means the same as that term is defined in Utah Code 78B-8-701
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 78B-10-102
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Respondent: means the individual against whom enforcement of a protective order is sought. See Utah Code 78B-7-102
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Road: includes :
       (33)(a) a public bridge;
       (33)(b) a county way;
       (33)(c) a county road;
       (33)(d) a common road; and
       (33)(e) a state road. See Utah Code 68-3-12.5
• Salesperson: means an individual who for a salary, commission, or compensation of any kind, is employed either directly, indirectly, regularly, or occasionally by any new motor vehicle dealer or used motor vehicle dealer to sell, purchase, or exchange or to negotiate for the sale, purchase, or exchange of motor vehicles. See Utah Code 41-3-102
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Small business: means a commercial or business entity, including a sole proprietorship, which does not have more than 250 employees, but does not include an entity which is a subsidiary or affiliate of another entity which is not a small business. See Utah Code 78B-8-503
• Stalking: means the same as that term is defined in Section Utah Code 78B-7-102
• State: means any department, board, institution, hospital, college, or university of the state of Utah or any political subdivision thereof, except with respect to actions brought under Title 76, Chapter 10, Part 31, Utah Antitrust Act. See Utah Code 78B-8-503
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Used motor vehicle: means a vehicle that:
       (42)(a) has been titled and registered to a purchaser other than a dealer; or
       (42)(b) for a motor vehicle that is not a trailer, travel trailer, or semitrailer, has been driven 7,500 or more miles. See Utah Code 41-3-102
• Verdict: The decision of a petit jury or a judge.
• Workplace violence: means knowingly causing or threatening to cause bodily injury to, or significant damage to the property of, a person, if:
       (5)(a) the person is:

            (5)(a)(i) an employer; or

            (5)(a)(ii) an employee performing the employee's duties as an employee; and
       (5)(b)

            (5)(b)(i) the action would cause a reasonable person to feel terrorized, frightened, intimidated, or harassed; or

            (5)(b)(ii) the threat:

                 (5)(b)(ii)(A) would cause a reasonable person to fear that the threat will be carried out; and

                 (5)(b)(ii)(B) if carried out, would cause a reasonable person to feel terrorized, frightened, intimidated, or harassed. See Utah Code 78B-7-1101
• Workplace violence protective order: means an order issued under this part after a hearing on the petition, of which the petitioner and respondent have been given notice. See Utah Code 78B-7-1101
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Writ: means an order or precept in writing, issued in the name of:
       (47)(a) the state;
       (47)(b) a court; or
       (47)(c) a judicial officer. See Utah Code 68-3-12.5
• Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5