Utah Legal Reference
Utah Legal Glossary
Definitions of the legal terms Utah clients hear most often — written in plain language, with how each one actually works under Utah law.
What do these Utah legal terms mean?
This glossary defines the terms that decide Utah cases: comparative fault caps recovery at 50% blame, PIP pays the first $3,000 of crash medical bills, Utah's DUI limit is 0.05%, and most injury lawsuits must be filed within four years. Each entry links to the practice page that explains it in full.
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- State of Utah
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Written by Bret Rawson, Founding Partner · J.D., Utah State BarPublished · Last reviewed - Comparative fault
A rule that reduces an injury award by the share of blame assigned to the injured person.
In Utah: Utah uses modified comparative fault: you recover nothing if you are 50% or more at fault, and your award is reduced by your percentage below that (Utah Code § 78B-5-818).
- Statute of limitations
The deadline for filing a lawsuit after an injury or legal wrong.
In Utah: Most Utah personal injury claims must be filed within four years; wrongful death is two years, and claims against government entities have far shorter notice deadlines.
- PIP (personal injury protection)
No-fault auto insurance that pays initial medical bills regardless of who caused the crash.
In Utah: Utah drivers carry at least $3,000 in PIP. You generally must exceed a statutory injury threshold before suing the at-fault driver for general damages.
- Contingency fee
An attorney fee paid only out of a recovery, with no up-front cost.
In Utah: Qualifying Utah personal injury and wrongful death matters at Nelson Jones Legal are handled on contingency: no recovery, no attorney fee.
- Wrongful death claim
A civil claim brought when someone dies because of another party's negligence or wrongful act.
In Utah: Utah allows an heir or the personal representative of the estate to file, generally within two years of the death.
- Premises liability
A property owner's legal responsibility for injuries caused by unsafe conditions on their property.
In Utah: Utah duties depend on whether the visitor was an invitee, licensee, or trespasser, and on whether the owner knew or should have known of the hazard.
- Uncontested divorce
A divorce where both spouses agree on every issue before filing.
In Utah: Utah imposes a 30-day waiting period after the petition is filed, though courts may waive it for good cause.
- Legal custody
The authority to make major decisions about a child's education, health care, and religion.
In Utah: Utah courts favor joint legal custody when parents can communicate, and decide by the child's best interests under Utah Code Title 30, Chapter 3.
- Physical custody
Where the child lives and which parent provides day-to-day care.
In Utah: Utah statutory parent-time schedules set a minimum; parents can agree to more time, and overnights directly affect the child support calculation.
- Child support guidelines
The formula courts use to set a monthly support amount based on parental income and overnights.
In Utah: Utah applies the Child Support Act (Title 78B, Chapter 12) worksheets; deviation requires the court to make specific findings.
- Alimony
Spousal support paid after separation or divorce.
In Utah: Utah alimony generally cannot exceed the length of the marriage and is set using need, ability to pay, and the standard of living during the marriage.
- Equitable distribution
Dividing marital property fairly, which does not always mean equally.
In Utah: Utah presumes an equal split of the marital estate, with premarital and inherited property usually treated as separate.
- Petition to modify
A request to change an existing custody, parent-time, or support order.
In Utah: Utah requires a substantial and material change in circumstances since the last order before a court will modify it.
- Order to show cause
A motion asking the court to enforce an existing order and hold the other party accountable.
In Utah: Utah courts can order make-up parent-time, judgment for unpaid support, attorney fees, and contempt sanctions.
- DUI per se
Driving with a blood or breath alcohol concentration at or above the legal limit, regardless of impairment.
In Utah: Utah's limit is 0.05% — the lowest in the nation (Utah Code § 41-6a-502).
- Administrative license hearing
A DMV proceeding, separate from criminal court, that decides whether your license is suspended.
In Utah: You generally must request the Utah Driver License Division hearing within 10 days of the arrest or the suspension takes effect automatically.
- Expungement
A court order sealing eligible criminal records from public view.
In Utah: Utah eligibility depends on offense type and waiting periods, and starts with a certificate of eligibility from the Bureau of Criminal Identification.
- Garrity warning
Notice that a public employee's statement is compelled and cannot be used against them criminally.
In Utah: Utah officers facing an internal affairs interview should confirm on the record whether the interview is Garrity-compelled before answering.
- Use-of-force review
An internal or prosecutorial evaluation of whether an officer's force was legally justified.
In Utah: Utah justification standards live in Title 76, Chapter 2, Part 4, and officer-involved critical incidents are typically investigated by a multi-agency protocol team.
- POST action
A certification proceeding that can suspend or revoke a peace officer's ability to work in law enforcement.
In Utah: Utah POST proceedings are separate from criminal charges and from department discipline, and can end a career even without a conviction.
- Discovery
The pre-trial exchange of evidence, documents, depositions, and written answers between parties.
In Utah: Utah Rule of Civil Procedure 26 ties the scope and timing of discovery to the amount in controversy through a tiered system.
- Appeal
A request for a higher court to review a lower court's decision for legal error.
In Utah: A notice of appeal in Utah is generally due 30 days after entry of the final judgment; appeals argue the record, not new evidence.
- Demand letter
A written settlement demand sent to an insurer summarizing liability, treatment, and damages.
In Utah: Utah adjusters usually respond after medical treatment stabilizes and records support the claimed damages.
- Underinsured motorist (UIM) coverage
Your own auto policy coverage that pays when the at-fault driver's limits are too low.
In Utah: Utah requires insurers to offer UIM, and you typically must notify your carrier before settling with the at-fault driver.
Sources and Utah legal authority
- 1.Utah Code § 78B-2-307 — Statute of limitations, personal injury (4 years)Utah State Legislature
- 2.Utah Code § 78B-5-818 — Comparative faultUtah State Legislature
- 3.Utah Code Title 30, Chapter 3 — DivorceUtah State Legislature
- 4.Utah Code Title 78B, Chapter 12 — Child Support ActUtah State Legislature
- 5.Utah Code § 41-6a-502 — Driving under the influenceUtah State Legislature
- 6.Utah State Bar — Licensed attorney directoryUtah State Bar
- 7.Utah State Courts — Find a courtUtah State Courts
This page is general information about Utah law, not legal advice. Statutes and court rules change; confirm current text at the linked source or speak with a licensed Utah attorney about your situation.
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