Title 78B - Judicial Code - Chapter 9 - Postconviction Remedies Act - Part 1 - General Provisions - Section 105 - Burden of proof.


Published: 2017-05-09

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Utah Code

Page 1

Effective 5/9/2017 78B-9-105 Burden of proof. (1)

(a) Except for claims raised under Subsection 78B-9-104(1)(g), the petitioner has the burden of pleading and proving by a preponderance of the evidence the facts necessary to entitle the petitioner to relief.

(b) For claims raised under Subsection 78B-9-104(1)(g), the petitioner has the burden of pleading and proving by clear and convincing evidence the facts necessary to entitle the petitioner to relief.

(c) The court may not grant relief without determining that the petitioner is entitled to relief under the provisions of this chapter and in light of the entire record, including the record from the criminal case under review.

(2) The respondent has the burden of pleading any ground of preclusion under Section 78B-9-106, but once a ground has been pled, the petitioner has the burden to disprove its existence by a preponderance of the evidence.

Amended by Chapter 447, 2017 General Session