78B-1-135. Witnesses -- Proceedings in aid of or supplemental to attachment, garnishment, or execution.

205 words·~1 min read·/ut/title-78b/chapter-1/78b-1-135

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Notwithstanding the provisions of Section 78B-1-134 , a party or a witness examined in proceedings in aid of or supplemental to attachment, garnishment, or execution is not excused from answering a question on the ground that;

(a)the answer will tend to convict the party or witness of the commission of a fraud;

(b)the answer will prove the party or witness has been a party or privy to, or has knowledge of, a conveyance, assignment, transfer or other disposition of property concerned for any purpose;

(c)the party, witness, or any other person claims to be entitled, as against the judgment creditor or a receiver appointed or to be appointed in the proceedings, to hold property derived from or through the judgment debtor or to be discharged from the payment of a debt which was due to the judgment debtor or to a person in the debtor's behalf.

(2)An answer cannot be used as evidence against the person so answering in a criminal action or proceeding, except in an action for perjury against the person for falsely testifying.

Renumbered and Amended by Chapter 3 , 2008 General Session