78B-6-810 - Court procedures.
78B-6-810. Court procedures.
(1) In an action under this chapter in which the tenant remains in possession of theproperty:
(a) the court shall expedite the proceedings, including the resolution of motions and trial;
(b) the court shall begin the trial within 60 days after the day on which the complaint isserved, unless the parties agree otherwise; and
(c) if this chapter requires a hearing to be held within a specified time, the time may beextended to the first date thereafter on which a judge is available to hear the case in a jurisdictionin which a judge is not always available.
(2) (a) In an action for unlawful detainer where the claim is for nonpayment of rent or foroccupancy of a property after a forced sale as described in Subsection 78B-6-802.5, the courtshall hold an evidentiary hearing, upon request of either party, within 10 days after the day onwhich the defendant files the defendant's answer.
(b) At the evidentiary hearing held in accordance with Subsection (2)(a):
(i) the court shall determine who has the right of occupancy during the litigation'spendency; and
(ii) if the court determines that all issues between the parties can be adjudicated withoutfurther proceedings, the court shall adjudicate those issues and enter judgment on the merits.
(3) (a) In an action for unlawful detainer in which the claim is for nuisance and alleges anact that would be considered criminal under the laws of this state, the court shall hold anevidentiary hearing within 10 days after the day on which the complaint is filed to determinewhether the alleged act occurred.
(b) The hearing required by Subsection (3)(a) shall be set at the time the complaint isfiled and notice of the hearing shall be served upon the defendant with the summons at least threecalendar days before the scheduled time of the hearing.
(c) If the court, at an evidentiary hearing held in accordance with Subsection (3)(a),determines that it is more likely than not that the alleged act occurred, the court shall issue anorder of restitution.
(d) If an order of restitution is issued in accordance with Subsection (3)(c), a constable orthe sheriff of the county where the property is situated shall return possession of the property tothe plaintiff immediately.
(e) The court may allow a period of up to 72 hours before restitution may be made underSubsection (3)(d) if the court determines the time is appropriate under the circumstances.
(f) At the evidentiary hearing held in accordance with Subsection (3)(a), if the courtdetermines that all issues between the parties can be adjudicated without further proceedings, thecourt shall adjudicate those issues and enter judgment on the merits.
(g) "An act that would be considered criminal under the laws of this state" underSubsection (3)(a) includes only the following:
(i) an act that would be considered a felony under the laws of this state;
(ii) an act that would be considered criminal affecting the health or safety of a tenant, thelandlord, the landlord's agent, or other person on the landlord's property;
(iii) an act that would be considered criminal that causes damage or loss to any tenant'sproperty or the landlord's property;
(iv) a drug- or gang-related act that would be considered criminal;
(v) an act or threat of violence against any tenant or other person on the premises, or
against the landlord or the landlord's agent; and
(vi) any other act that would be considered criminal that the court determines directlyimpacts the peaceful enjoyment of the premises by any tenant.
(4) (a) At any hearing held in accordance with this chapter in which the tenant afterreceiving notice fails to appear, the court shall issue an order of restitution.
(b) If an order of restitution is issued in accordance with Subsection (4)(a), a constable orthe sheriff of the county where the property is situated shall return possession of the property tothe plaintiff immediately.
(5) A court adjudicating matters under this chapter may make other orders as areappropriate and proper.
(6) The expedited hearing provisions in this section do not apply to actions involvingcommercial tenants.
Amended by Chapter 184, 2009 General Session
Amended by Chapter 298, 2009 General Session