78B-5-813 - Statement of injured person -- When inadmissible as evidence.
78B-5-813. Statement of injured person -- When inadmissible as evidence.
Except as otherwise provided in Sections 78B-5-812 through 78B-5-816, any statement,either written or oral, obtained from an injured person within 15 days of an occurrence or whilethe person is confined in a hospital or sanitarium as a result of injuries sustained in theoccurrence, and which statement is obtained by a person whose interest is adverse or maybecome adverse to the injured person, except a peace officer, is not admissible as evidence in anycivil proceeding brought by or against the injured person for damages sustained as a result of theoccurrence, unless:
(1) a written verbatim copy of the statement has been left with the injured party at thetime the statement was taken; and
(2) the statement has not been disavowed in writing within 15 days of the date of thestatement or within 15 days after the date of the injured person's initial discharge from thehospital or sanitarium in which the person has been confined, whichever date is later.
Renumbered and Amended by Chapter 3, 2008 General Session