78B-5-821 - Joinder of defendants.
78B-5-821. Joinder of defendants.
(1) A person seeking recovery, or any defendant who is a party to the litigation, may joinas a defendant, in accordance with the Utah Rules of Civil Procedure, any person other than aperson immune from suit alleged to have caused or contributed to the injury or damage for whichrecovery is sought, for the purpose of having determined their respective proportions of fault.
(2) A person immune from suit may not be named as a defendant, but fault may beallocated to a person immune from suit solely for the purpose of accurately determining the faultof the person seeking recovery and all defendants. A person immune from suit is not subject toany liability, based on the allocation of fault, in this or any other action.
(3) (a) A person immune from suit may intervene as a party under Rule 24, Utah Rules ofCivil Procedure, regardless of whether or not money damages are sought.
(b) A person immune from suit who intervenes in an action may not be held liable forany fault allocated to that person under Section 78B-5-818.
(4) Fault may not be allocated to a non-party unless a party timely files a description ofthe factual and legal basis on which fault can be allocated and information identifying thenon-party, to the extent known or reasonably available to the party, including name, address,telephone number and employer. The party shall file the description and identifying informationin accordance with Rule 9, Utah Rules of Civil Procedure or as ordered by the court but in noevent later than 90 days before trial as provided in Rule 9, Utah Rules of Civil Procedure.
Renumbered and Amended by Chapter 3, 2008 General Session