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GENERAL ARTICLE: UTAH PRACTICE MATERIALS: A SELECTIVE ANNOTATED BIBLIOGRAPHY *

* © Kory D. Staheli, 1994. I would like to thank Gary Hill, associate law librarian at Brigham Young University Law Library for his helpful comments, encouragement, and support. I would also like to thank the Reference staff at the University of Utah Law Library for their helpful suggestions.

Kory D. Staheli **

** Head of Reference Services, Brigham Young University Law Library, Provo, Utah.

SUMMARY:
... The author provides a selective listing of Utah legal publications, including primary sources, treatises, and current continuing legal education materials that are typically used in the practice of law in Utah. ... Also includes the full text of the Utah and U.S. Constitutions. ... Contains the full text of all bills passed during the most recent general session of the state legislature which affect the Utah Code. ... Index to Utah Attorney Generals' Opinions. ... Includes a cross reference index to sections of the Utah Code. ... Includes an annual section dealing with recent developments in Utah law. ... Updated after every legislative session. ... Includes a detailed subject index. ... This publication represents the initial effort at standardized jury instruction forms in the state of Utah. ... Other issues covered include basic real estate finance, securing free and marketable title, title insurance, and home warranties. ... Also includes a section on current medical issues. ...

TEXT:
[*28] The author provides a selective listing of Utah legal publications, including primary sources, treatises, and current continuing legal education materials that are typically used in the practice of law in Utah.

Introduction

This annotated bibliography is one in a series on state practice materials published in the Law Library Journal. n1 It includes both primary and secondary materials commonly used in the practice of law in Utah.

The bibliography is divided into four main sections. The first, "General Publications," includes primary source materials such as statutes, legislation, case reports, and administrative law. The second, "Periodicals," contains law-related journals and newspapers published in the state of Utah. Law-related CD-ROM products devoted solely to Utah legal materials are set forth in the third section, while the final section, "Utah Practice Treatises and Materials," contains treatises, looseleaf services, and other law-related practice materials arranged alphabetically by topic.

Information provided in the annotations was taken from the sources themselves and, in some instances, from printed descriptions of the sources in various sales catalogs provided by the publishers. The annotations highlight features [*29] unique to each publication. Brackets around titles indicate that I supplied the title. Where the title is self explanatory, an annotation has not been included.

Audio visual sources have not been included in the bibliography. Articles and chapters within other works have likewise been excluded unless a reprint was available for purchase. Older and out-of-print titles were included only when no significant current equivalent was found to exist.

Publishers' addresses and telephone numbers are listed alphabetically in the appendix. Publishers should be contacted directly to determine availability and pricing information.

General Publications

Statutory Sources

Utah Code Annotated. Charlottesville, Va.: Michie Co., 1986- . Twenty-one hardbound volumes. Updated by annual pocket parts and softbound cumulative supplements. Includes current statutes, annotations of court decisions, cross references, references to law reviews and legal encyclopedias, and compiler's notes. Also includes the full text of the Utah and U.S. Constitutions. The two-volume index is replaced annually.

Utah Code Annotations. Orem, Utah: Code-Co Law Publishers, 1982- . Softbound. Contains annotations of Utah Supreme Court and Utah Court of Appeals cases. Cases from 1982 to 1989 are contained in a permanent annotation volume. Cases since 1989 are covered in annual volumes that cover one complete calendar year. During the current year, cumulative updates are replaced every other week.

Utah Code Unannotated. Charlottesville, Va.: Michie Co., 1988- . Four softbound volumes replaced annually. Contains current statutes, the Utah and U.S. Constitutions, state and local federal court rules, rules of judicial administration, and a table of laws passed since the last edition. A general index is included in volume 4.

Legislation

Journal of the House of Representatives of the State of Utah. Salt Lake City, Utah: Utah Legislative Printing Office [and others], 1896- . Annual. Contains a day-by-day account of action taken. Includes introduction of legislation, voting records, line amendments to some bills, and communication from the senate and the governor. Volumes are individually indexed. Included are a subject, a page, and a final action index.

Laws of the State of Utah. Salt Lake City, Utah: Utah Legislative Printing Office [and others], 1896- . Annual. Official publication of the annual laws passed by the Utah legislature. Contains a subject index, a bill number index, and an index listing each Utah Code section affected by a bill during the general [*30] session. Normally available two to three months following the close of the final legislative session. In the interim, consult Code-Co's Utah Legislative Report.

State of Utah Senate Journal. Salt Lake City, Utah: Utah Legislative Printing Office [and others], 1896- . Annual. Contains a day-by-day account of action taken. Includes introduction of legislation, voting records, line amendments to some bills, and communication from the house and the governor. Volumes are individually indexed.

State of Utah Legislative Bill Summary and Status Report. Salt Lake City, Utah: Utah Legislative Printing Office [and others]. Published daily when the state legislature is in general or special session. Consists of two services issued separately by the house and senate. Includes the sponsor and title of each bill, dates of house and senate action from date of introduction to date of passage, and the date of signing, if any, by the governor.

Utah Code Annotated Advance Code Service. Charlottesville, Va.: Michie Co., 1986- . Softbound. Three pamphlets per year between annual supplements to the Utah Code Annotated. Each pamphlet is cumulative from the latest annual supplement. Updates the Utah Code Annotated. Provides summaries of decisions, references to law review articles, and the full text of laws passed since the last general session of the state legislature.

Utah Legislative Report. Orem, Utah: Code-Co Law Publishers, 1985- . Soft-bound. Annual. Contains the full text of all bills passed during the most recent general session of the state legislature which affect the Utah Code. Vetoed bills are also included. Within each annual volume there is a topical and a Utah Code section index.

Utah State Legislature. Digest of Legislation as Enacted by the General Session of the Legislature. Salt Lake City, Utah: Utah Legislative Printing Office, 1976- . Annual. Prepared by the Office of Legislative Research and General Counsel. Summarizes all bills and resolutions enacted during the general sessions of the state legislature. Lists sponsors, provides references to sections of the Utah Code Annotated, and gives effective dates and session law chapter numbers for each bill.

Utah State Legislature. Interim Study Committee Reference Bulletin Report. Salt Lake City, Utah: Office of Legislative Research, 1980- . Annual. Summarizes activity of interim committees assigned to study proposed legislation. Includes committee recommendations, references to committee meeting minutes, and names of individuals in the Office of Legislative Research and General Counsel to contact for further information regarding the particular legislation being studied.

Case Reports

Pacific Reporter. 300 vols. St. Paul: West Publishing Co., 1883-1931. Contains reported decisions of the states of Arizona, California, Colorado, Idaho, [*31] Kansas, Montana, Nevada, New Mexico, Oklahoma, Oregon, Utah, Washington, and Wyoming.

Pacific Reporter, Second Series. St. Paul: West Publishing Co., 1931- . Approximately 20 vols. added annually. Contains reported decisions from the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Kansas, Montana, Nevada, New Mexico, Oklahoma, Oregon, Utah, Washington, and Wyoming. Updated weekly by advance sheets.

Utah Advance Reports. Orem, Utah: Code-Co Law Publishers, 1985- . Bi-weekly. Pamphlet. Contains decisions of the Utah Supreme Court and Utah Court of Appeals in advance sheet format. Issued every other Tuesday. Issues contain all new cases decided during the preceding two weeks.

Utah Reporter. St. Paul: West Publishing Co., 1974- . Contains those Utah cases that are also reported in the Pacific Reporter, Second Series. Case citations, including volume and page number, are to the Pacific Reporter, Second Series.

Utah Reports: Report of Cases Determined in the Supreme Court of the [Territory and] State of Utah. 123 vols. Various publishers, 1876-1953. Volumes 1-12 (1876-1895) contain decisions of the Supreme Court of the Territory of Utah. Volumes 13-123 (1895-1953) contain decisions of the Supreme Court of the State of Utah. Cases since 1953 are published in the Utah Reports, Second Series and the Pacific Reporter, Second Series.

Utah Reports, Second Series: Report of Cases Decided in the Supreme Court of the State of Utah. 30 vols. St. Paul: West Publishing Co., 1953-1974. The Utah Reports served as the official reporter of the state of Utah until 1974, at which time it ceased publication. Cases since 1974 are published in the Pacific Reporter, Second Series.

Digests and Indexes

Pacific Digest. St. Paul: West Publishing Co., 1850- $. Indexes cases reported in the Pacific Reporter; Pacific Reporter, Second Series; Utah Reports; and Utah Reports, Second Series using the West Topic and Key Number system. Includes an alphabetical table of cases and a descriptive word index. Updated by annual cumulative pocket parts and replacement volumes.

Utah Index. Orem, Utah: Code-Co Law Publishers, 1985- . Monthly. Pamphlet. Indexes those Utah Supreme Court and Court of Appeals cases not yet published in the Pacific Digest. Acts as an update to the Pacific Digest. Cases are arranged alphabetically by subject. Issues are cumulative until the cases are digested in West's Pacific Digest.

Utah Supreme Court Decisions Quarterly Digest. Salt Lake City, Utah: Utah State Law Library. Cumulative. A quarterly digest of Utah Supreme Court decisions. Edited and compiled by the Supreme Court central staff. Available for current year only.

[*32] Opinions

Index to Utah Attorney Generals' Opinions. Provo, Utah: Brigham Young University Law Library, 1968-1989. Provides subject access to Utah Attorney General Opinions from 1968 through 1989. Includes a cross reference index to sections of the Utah Code. Not updated since 1989.

[Opinions of the Attorney General of the State of Utah]. Salt Lake City, Utah: Utah Attorney General's Office, 1970- . Available by request from the Utah Attorney General's Office (copying fee required). Also available on microfiche from William S. Hein and Co., 1985- . Attorney General Opinions are also published in the Utah State Bulletin.

[Slip Opinions]. Utah Supreme Court and Utah Court of Appeals Opinions may be requested from the appropriate court clerk. Copying fee required.

[Utah. Ethics Advisory Committee]. Informal and Formal Opinions. Salt Lake City, Utah: Administrative Office of the Courts. 1987- . Looseleaf. Contains informal and formal opinions on issues dealing with the interpretation and application of the Code of Judicial Conduct. Updated annually in conjunction with the annual judicial conference.

Utah Ethics Opinions. Salt Lake City, Utah: Utah State Bar, 1987- . Individual opinions available from the Utah State Bar for a fee. Also printed in the Utah Bar Journal 1989- .

Administrative Law and Procedure

Utah Administrative Code. Charlottesville, Va.: Michie Co. [and others], 1987- . Four softbound volumes replaced annually. Includes all permanent administrative rules in effect at the beginning of the current year. Organized alphabetically by department, board, commission, or agency. A general index is included in volume 4.

Utah Administrative Rules Table of Changes. Salt Lake City, Utah: Utah State Department of Administrative Services, 1992- . Indexes all changes in Utah's administrative rules since the last edition of the Utah Administrative Code. Also indexes emergency or temporary rules that do not actually become part of the formal Code. Contains an agency and keyword index as well as a correlation table.

Utah State Bulletin. Salt Lake City, Utah: Utah Legislative Printing Office, 1985- . Semi-monthly. This work is the official noticing publication of the state executive branch. Updates the Utah Administrative Code. Publishes all proposed rules, rule analysis forms, notices of effective dates, and continuation notices. Also contains attorney general opinions, executive orders, agency notices, and other executive branch announcements. A cumulative index that starts over with each annual edition of the code is also included.

Utah State Digest. Salt Lake City, Utah: Utah Legislative Printing Office, [*33] 1985- . Issued semimonthly as a companion summary to the Utah State Bulletin. This publication is a digest of the contents of the Utah State Bulletin.

Citators

Shepard's Utah Citations. Colorado Springs, Co.: Shepard's/McGraw-Hill, Inc., 1990. One bound volume. Supplemented quarterly. Contains citations to Utah cases reported in the Utah Reports and the Pacific Reporter. Also includes citations to the U.S. and Utah Constitutions, the U.S. Code, the Utah Code, federal and state court rules, jury instructions, and municipal ordinances.

Utah Blue and White Book. St. Paul: West Publishing Co., 1881-1974. This work provides parallel citations for those decisions published in the Utah Reports when all that is known is a Pacific Reporter citation.

Court Rules

Utah Code Unannotated. Charlottesville, Va.: Michie Co., 1988- . Four softbound volumes replaced annually. Volume 4 contains the Utah state and local federal court rules as well as the rules of judicial administration.

Utah Court Rules Annotated. Charlottesville, Va.: Michie Co., 1948- . Issued as part of the Utah Code Annotated. One softbound volume replaced annually. Updated mid-year by pocket part. Includes both federal and Utah court rules, as well as the Utah rules of judicial administration. Annotations from decisions of the Utah Supreme Court and the Utah Court of Appeals are also included.

Directores

Capitol Reporter's Legal Directory. Salt Lake City, Utah: Capitol Reporters, 1990- . Annual. Contains an alphabetical list of Utah law firms and Utah attorneys. Provides names, addresses, telephone numbers, and law firm affiliation. Also contains lists of federal and state court officials, including judges.

Utah Courts Directory. Salt Lake City, Utah: Utah Administrative Office of the Courts, 1989- . Annual. Contains addresses and telephone numbers for Utah's judges, courts, and other law-related agencies. Also provides a short biographical sketch for each Utah judge.

Utah State Legislative Directory. Salt Lake City, Utah: Utah Mining Association, 1983- . Contains pictures and short biographical sketches of members of the Utah house and senate. Districts represented, length of time served, and committee assignments for each member are also included.

[*34] Periodicals

Journals

Brigham Young University Education and Law Journal. Provo, Utah: J. Reuben Clark Law School, Brigham Young University, 1992- . Annual. Published jointly with the Brigham Young University Department of Educational Leadership. Contains scholarly works dealing with law and education.

Brigham Young University Law Review. Provo, Utah: Brigham Young University Law Review, 1975- . Quarterly. Contains articles, notes, and case commentaries on topics of interest to the legal community. Back issues are available from Fred B. Rothman and Company and from the J. Reuben Clark Law School (current issues only).

BYU Journal of Public Law. Provo, Utah: J. Reuben Clark Law School, Brigham Young University 1986- . Semiannual. Publishes articles, notes, and comments on legal topics. Emphasis is on issues dealing with government. Back issues are available from Fred B. Rothman and Company. Not yet indexed.

Journal of Contemporary Law. Salt Lake City, Utah: University of Utah College of Law, 1974- . Semiannual. Publishes articles on a broad range of legal topics. Emphasis is on articles that deal with the interface between law and other disciplines.

Journal of Energy Law & Policy. Salt Lake City, Utah: University of Utah College of Law, 1980-1990. Ceased publication in 1990. Continued by Journal of Energy, Natural Resources & Environmental Law.

Journal of Energy, Natural Resources & Environmental Law. Salt Lake City, Utah: University of Utah College of Law, 1990- . Biannual. Continues Journal of Energy Law & Policy. Articles contained in this journal focus on issues dealing with energy, natural resources, and the environment.

Utah Bar Journal. Salt Lake City, Utah: Utah State Bar, 1973-86, 1988-Monthly [except July and August]. Official publication of the Utah State Bar. Contains reports and announcements from the bar, articles, a calendar of CLE opportunities, and classified advertisements.

Utah Law Review. Salt Lake City, Utah: Utah Law Review Society, 1949- . Quarterly. Contains articles, notes, and case commentaries on topics of interest to the legal community. Includes an annual section dealing with recent developments in Utah law. Cumulative index in 1980 volume.

Newspapers

Intermountain Commercial Record. Salt Lake City, Utah: Intermountain Commercial Record Corp., 1953- . Weekly. A weekly digest of court and commercial information. Contains public notices, court information, Utah Supreme Court and Utah Court of Appeals case summaries, articles, and classified advertisements.

[*35] CD-ROMs -- Full Text

LegaSearch. Mesa, Ariz.: Techno-Law, 1994- . Quarterly. Two computer laser optical disks containing the full text of Utah's cases, statutes, and court rules. Also available in a Western States region format. Includes features such as text and title searching, case summaries, time billing, and side-by-side comparison.

Utah Law on Disc. Charlottesville, Va.: Michie Co., 1992- . Quarterly. Computer laser optical disk. Uses Folio search software. Includes Utah case law, the Utah Code Annotated, the Utah Administrative Code, and other Utah administrative materials.

West's Utah Reporter [on disc]. St. Paul, Minn.: West Publishing Co., 1993- . Quarterly. Computer laser optical disk using PREMISE PC software. Contains the full text of those Utah decisions reported in the Pacific Reporter, Second Series since 1945. Also contains Utah Attorney General Opinions from 1977 to the present.

Utah Practice Treatises and Materials

Administrative Law and Procedure

Utah Administrative Law News. Salt Lake City, Utah: Administrative Practice Section, Utah State Bar, 1987- . Quarterly. Newsletter. Designed to provide members of the Bar with ongoing reports of significant Utah administrative law decisions. Contains summaries of decisions rendered in Utah's administrative and judicial courts.

Arbitration

Black, David O., et al. Mediation in Utah: A Powerful Tool to Resolve Disputes. Eau Claire, Wis.: National Business Institute, 1992. Manual. Contains relevant statutes and recent developments dealing with mediation in Utah. Discusses issues such as evaluating disputes for mediation, choosing the right mediator, and defining the necessary elements for successful mediation.

Bad Faith Litigation

Dunn, Tim Dalton, et al. Bad Faith Litigation in Utah. Eau Claire, Wis.: National Business Institute, 1993. Discusses the elements of bad faith, related causes of action, pre-suit considerations, and the discovery phase.

Bankruptcy Law

Anderson, Kevin R., et. al. Fundamentals of Bankruptcy Law & Procedure in Utah. Eau Claire, Wis.: National Business Institute, 1993. Manual. Provides [*36] an introduction to the Bankruptcy Code and rules. Addresses the automatic stay, protecting the unsecured and secured creditor, and both Chapter 11 and Chapter 13 issues.

Cannon, Bryan W., and Kathryn S. Denholm. Extraordinary Collection Procedures and Bankruptcy Practices in Utah. Eau Claire, Wis.: National Business Institute, 1992. Manual. Prepared by practicing Utah attorneys. Contains guidance on issues such as secured collections, replevin and other prejudgment remedies, claims in bankruptcy court, bad check collections, third party collections in the construction industry, foreign judgments, and fraudulent conveyances.

Utah Bankruptcy Opinions Digest. Salt Lake City, Utah: Bankruptcy Section of the Utah State Bar Association, 1986, 1990- . A digest of opinions of the bankruptcy and district courts for the federal district of Utah. Cases are arranged by statute and rule, and alphabetically by case name. The first edition was published in 1986, a second edition was published in 1990, and a third edition is currently being worked on. Available on disk and in hard copy.

Civil Procedure

Civil Manual: A Manual for Public Attorneys in Utah. Rev. ed. William R. Hyde, ed. Salt Lake City, Utah: Statewide Association of Public Attorneys of Utah, 1992. Looseleaf. Designed for attorneys in government offices or those performing functions for local government. Focuses on county attorneys in Utah and their civil duties. A quick reference tool for the public attorney.

Dewsnup, George M., et al. Civil Litigation Procedures in Utah. Eau Claire, Wis.: National Business Institute, 1991. Contains current information on the rules governing civil practice in Utah. Discusses prelitigation issues, pleadings, discovery, motions, and jury instructions.

Thomas, David A. Utah Civil Practice. Charlottesville, Va.: Michie Co., 1992. A comprehensive reference work on virtually every aspect of conducting civil litigation in Utah. Contains an overview of Utah's legal system, sample forms, and the full text of Utah court rules in the appendix.

Clergy

Young Lawyers Section, Utah State Bar. Utah Law for Clergy Handbook: A Guide to Laws and Programs Affecting Clergy. Salt Lake City, Utah: Utah State Bar, 1989. Written directly for clergy in the state of Utah. A reference source of basic information on a variety of topics affecting clergy. Designed to assist in understanding and utilizing the laws and programs of the state.

Collection Law

Cannon, Bryan W., and Kathryn S. Denholm. Successful Judgment Collections in Utah: How to Get Your Money. Eau Claire, Wis.: National Business [*37] Institute, 1992. Handbook. Discusses Utah's debt collection and family expense statutes, bad check collections, the Fair Debt Collections Practices Act, ethical considerations, and lawyer liability. Also contains guidance on strategy development and discovering assets.

Cannon, Bryan W., and Reid Tateoka. The Legal Issues of Problem Collections in Utah. Eau Claire, Wis.: National Business Institute, 1990. Contains practical information on the Fair Debt Collection Practices Act. Discusses issues such as amicable demand and judgments, collecting a judgment, and bankruptcy considerations regarding collection of debts.

Flanders, Brenda L., et al. Loan Collection Litigation in Utah. Eau Claire, Wis.: National Business Institute, 1992. Manual. Examines loan collection strategies of lenders, as well as the strategies of borrowers and guarantors. Includes a detailed discussion of the pursuit of lender's claims in bankruptcy.

Commercial Law

Utah Corporation Laws and Uniform Commercial Code. Charlottesville, Va.: Michie Co., 1992. Contains Utah statutes dealing with corporations and the Uniform Commercial Code. Includes a Utah Division of Corporations and Commercial Code fee schedule, relevant telephone numbers, the division's policy objectives and guidelines, and related forms.

Construction Law

Homer, Michael W., and Eric C. Olson. Utah Construction Law: What Do You Do When? Eau Claire Wis.: National Business Institute, 1993. Contains guidance regarding signing contracts, defective bids, deficient plans and specifications, and contract changes. Also addresses delays, threats to terminate, failure to pay, and dispute resolution.

Walstad, Paul J., and Robert F. Babcock. Handbook of Construction Law and Claims. Salt Lake City, Utah: Construction Educational Services, 1989. Designed primarily for contractors and attorneys not experienced in constructin law. Contains twenty-seven chapters dealing with such issues as contract interpretation, performance and payment bonds, releases and limitations, warranties, damages, bankruptcy, and mechanic's liens. Includes ample discussion of judicial decisions. Deals with federal as well as Utah law.

Walstad, Paul J., and Robert F. Babcock. Protecting Your Money: Everything You Need to Know About the Utah Mechanic's Lien Laws. Salt Lake City, [*38] Utah: Intermountain Contractor Publishing, 1988. Supplemented in 1991, new edition forthcoming. A comprehensive and practical handbook of Utah's mechanic's lien laws. Designed not only for attorneys, but for contractors, subcontractors, and suppliers as well. Includes judicial decisions interpreting Utah's lien statutes and discussion of the 1985 revisions to the Notice of Lien requiremets.

Consumer Law

Allen, Don B., et al. Consumer Financial Services Law in Utah. Eau Claire, Wis.: National Business Institute, 1992. Manual. Contains recent legislation and proposals on both the state and federal level. Includes discussion of fair lending, community investment, home equity lending, and Federal Trade Commission and credit legislation. Also includes a section on avoiding consumer litigation.

Utah Consumer Law Manual. Salt Lake City, Utah: Utah Legal Services, Inc., 1992. Looseleaf. Topics covered include breach of warranty, debt collection, and repossession. Also addresses the Consumer Credit Protection Act, Utah's sales practices legislation, and the 1985 Consumer Credit Code. Prepared by the Utah Volunteer Lawyers Project of Utah Legal Services. Also contains forms.

Corporations

Astill, Dennis M., et al. Limited Liability Companies: The Entity of Choice in Utah. Eau Claire, Wis.: National Business Institute, 1993. This publication discusses the advantages of limited liability companies and also addresses practical operating considerations. State law and tax sections are also included.

Brigham Young University Journal of Legal Studies: Summary of Utah Corporate Law. Provo, Utah: J. Reuben Clark Law School, 1982. Not updated. A comprehensive work dealing with Utah corporation law.

Criminal Law and Procedure

Boyce, Ronald N. Utah Prosecutor Handbook. 3d ed. Salt Lake City, Utah: Statewide Association of Prosecutors of Utah, 1984. Designed primarily for public prosecutors in Utah. Contains forms commonly used by Utah county attorney's offices. Includes sample pleadings and sections on discovery, search and seizure, eyewitness identification, arraignment, and pleas. Also includes provisions relating to a prosecutor's ethical responsibilities.

[*39] Debtor-Creditor Law

Brigham Young University Journal of Legal Studies: Summary of Utah Debtor/Creditor Law. Provo, Utah: J. Reuben Clark Law School, 1983. Not updated. Contains nineteen chapters dealing with all aspects of debtor/creditor law in Utah. Topics covered include prejudgment remedies, discovery of assets, foreign judgments, execution, garnishment, and statutory liens.

Disability Law

Griffin, Geoffrey P., and Dixie Snow Huefner. Complying with the Americans with Disabilities Act in Utah. Eau Claire, Wis.: National Business Institute, 1992. Manual. Reviews the Americans with Disabilities Act. Includes an introduction to disabilities and their relation to Utah state and federal laws. Also discusses employment provisions, public accomodations, transportation, and sources of technical assistance.

Eminent Domain

Brigham Young University Journal of Legal Studies: Summary of Utah Law: Land Use, Zoning and Eminent Domain. Provo, Utah: J. Reuben Clark Law School, 1979. Not updated. Designed specifically for the practicing attorney. Contains twenty-one chapters covering a wide range of issues relative to Utah's land use, zoning, and eminent domain laws.

Hintze, Harold A. Utah Law of Eminent Domain. Salt Lake City, Utah: Harold A. Hintze, Esq., 1987. Looseleaf. Designed to provide the practitioner with an analysis of the law of eminent domain as set forth, exclusively, within the applicable statutes and cases of the state of Utah. Examines Utah Supreme Court decisions, and those sections of the Utah Constitution, the Utah Code, the Utah Rules of Civil Procedure and the Utah Rules of Evidence having to do with eminent domain.

Environmental Law

Adams, John A., et al. Environmental Law for the Nonenvironmental Attorney in Utah. Eau Claire, Wis.: National Business Institute, 1992. Manual. Contains information designed to help protect against and defend environmental claims. Includes a hazardous waste primer.

Christiansen, Steven J., et al. Hazardous Waste in Utah. Eau Claire, Wis.: National Business Institute, 1991. Focuses on hazardous waste management. Other issues covered include environmental factors in business transactions, regulation of underground storage tanks, and release reporting.

Utah Environmental and Land Use Permits and Approvals Manual. Salt Lake City, Utah: Environmental Law Committee, Energy and Natural Resources Section, Utah State Bar, 1985. Attempts to bring together all environmental [*40] permits or approvals which could be required of any operation in the state of Utah. Designed to enable the user to determine which approvals or permits may be necessary for a proposed project. Contains general permit requirements, activities covered, citations of authority, and agency addresses.

Estate Planning

McCullough, Craig, and Brett Paulsen. Protecting Estate Assets From Creditors and the IRS in Utah. Eau Claire, Wis.: National Business Institute, 1991. Issues discussed in this manual include protection from creditors, protection from future attacks by a spouse, and protection against the transfer or estate and gift tax. Also includes a discussion of safeguards against future tax by a family member asserting incapacity.

Evidence

Davies, Lynn S., et al. Evidence in Trial Practice in Utah. Eau Claire, Wis.: National Business Institute, 1991. Manual. Contains information regarding expert witnesses, discovery techniques, and evidentiary requirements for the use of expert opinion evidence. Includes direction for presenting and contesting evidence, and a section on propsoed changes in the Utah rules of evidence.

Family Law

Barnard, Brian M. A Summary of Utah Divorce Law. Salt Lake City, Utah: Utah Legal Clinic, 1990. Contains answers to specific questions regarding divorce, annulment, and separate maintenance actions in Utah.

Caston, Harry, and Helen E. Christian. Child Custody and Visitation in Utah. Eau Claire, Wis.: National Business Institute, 1992. Manual Discusses the effect of Utah's new child support laws upon custody determinations. Other issues addressed include discovery techniques, modification, and statutory authority. Also examines the Uniform Child Custody Jurisdiction Act, the Parental Kidnapping Prevention Act, and mediation.

Caston, Harry, and Helen E. Christian. Domestic Law in Utah. Eau Claire, Wis.: National Business Institute, 1993. Issues covered in this handbook include premarital agreements, alimony, child support, child custody and visitation, unmarried parents, dividing marital assets, and the interpretation and use of tax returns. Also includes a Utah family law case update.

Christian, Helen E., et al. Family Law Litigation in Utah. Eau Claire, Wis.: National Business Institute, 1992. Contains information on a wide range of family law issues, including child custody, premarital agreements, and divorce. Includes discussion relative to the initial interview, preparing for court, litigation techniques, presenting a case to the judge, and ethical perils in divorce practice.

[*41] Domestic Relations Manual. Waine Riches, ed. Salt Lake City, Utah: Utah Legal Services, Inc., 1992. Prepared by the Utah Volunteer Lawyers Project. Covers the substantive law of domestic relations in Utah. A "how to" manual with suggestions for the practitioner and sample pleadings in many areas.

Foreclosure

Knuth, Rick L., et al. Foreclosure and Repossession in Utah: How to Do it Right. Eau Claire, Wis.: National Business Institute, 1991. Contains information on real and personal property foreclosure and repossession in Utah. Also addresses the impact of bankruptcy on foreclosure and repossession.

General Works

Martin, Loren D. Utah Law Handbook. Salt Lake City, Utah: Valiant Publications, 1992. Included in this single-volume work are Utah laws dealing with high incident matters: specifically, those related to daily law enforcement questions.

Insurance

Humphreys, L. Rich, and P. Keith Nelson. Insurance Litigation in Utah. Eau Claire, Wis.: National Business Institute, 1991. Manual. Issues addressed in this publication include initial considerations, personal injury claims, damages, insurance contracts, and new tort trends affecting insurance.

Utah Insurance Laws. Chatsworth, Calif.: National Insurance Law Service, 1985- . A looseleaf compilation of Utah insurance laws. Updated after every legislative session. Includes a citation index as well as a detailed subject index. A current activity section contains summaries and current action for the most recent legislative session.

Utah Regulations: Containing Insurance Department Rules, Bulletins and Selected Attorney General's Opinions. Chatsworth, Calif.: National Insurance Law Service, 1987- . Contains the regulations and bulletins of the Utah Insurance Department. Selected Utah Attorney General's Opinions are also included. Updated automatically as rules are promulgated or amended, bulletins are issued, and Attorney General's Opinions are rendered.

Utah Related Laws to Insurance Code. Chatsworth, Calif.: National Insurance Law Service, 1977- . A looseleaf compilation of laws related to the Utah Insurance Code. Automatically updated after every legislative session. Includes a detailed subject index.

Jury Instructions

Basic Criminal Jury Instructions: District of Utah. Salt Lake City, Utah: Federal Bar Association, Utah Chapter, 1982. Contains basic Utah jury instructions for use in federal criminal cases. Prepared by the Utah Chapter of the [*42] Federal Bar Association. Designed to assist Utah's federal criminal trial lawyers and federal judges in the Utah District.

Crockett, Allan J. Jury Instructions Forms for Utah. Salt Lake City, Utah: V. O. Young, Inc. 1957. This publication represents the initial effort at standardized jury instruction forms in the state of Utah. In 1989 the Executive Committee of the Litigation Section of the Utah State Bar appointed a Jury Instruction Revision Committee for the express purpose of updating and revising this work. The result was a 1993 publication entitled Model Utah Jury Instructions: Civil.

Utah State Bar. Model Utah Jury Instructions: Civil. Charlottesville, Va.: Michie Co., 1993 ed. Contains model Utah jury instructions and forms that are general in nature and are reflective of current Utah law. For use in the district courts of the state. Prepared by the Jury Instruction Committee of the Litigation Section of the Utah State Bar. Also available on two 3.5" disks.

Jury Verdicts

Rocky Mountain Verdicts & Settlements: Reporting Verdicts and Settlements of Cases from Utah, Idaho and Wyoming. Murray, Utah: David A. Wilde, 1991- . Monthly. Continues Utah Tort News Reporter. Contains case summaries that include the type of case, nature of injuries, amount of medical expense incurred, and dollar amount of settlement or verdict. Also includes the case number, the court and judge, the attorneys and expert witnesses for both parties, and a short summary of the facts of each case.

Labor Law

Employer Handbook. Salt Lake City, Utah: Utah Department of Employment Security, 1989. Contains information regarding Utah unemployment insurance programs and procedures. Intended to assist employers in understanding their rights and responsibilities with respect to the Utah Employment Security Act. Includes a guide on preparing required reports.

Lowrie, James S., et al. Utah Employment Discrimination Issues in the 90s. Eau Claire, Wis.: National Business Institute, Inc., 1993. Contains information and guidelines for employers. Issues discussed include sexual harassment, the Civil Rights Act of 1991, wrongful discharge, the Americans with Disabilities Act, and affirmative action.

Land Use

[*43] Hall Banks, Diane, et al. Major Land Use Laws in Utah. Eau Claire, Wis.: National Business Institute, 1993. Contains an overview of land use law. Addresses zoning and board of adjustment issues, planning commissions, subdivisions, and conditional approvals. Also contains a section on environmental regulation of land use.

Utah Environmental and Land Use Permits and Approvals Manual. Salt Lake City, Utah: Environmental Law Committee, Energy and Natural Resources Section, Utah State Bar, 1985. Attempts to bring together all environmental permits or approvals which could be required of any operation in the state of Utah. Designed to enable the user to determine which approvals or permits may be necessary for a proposed project. Contains general permit requirements, activities covered, citations of authority, and agency addresses.

Landlord and Tenant

Deans, James H., and Donald J. Winder. Unlawful Detainer Actions in Utah. Eau Claire, Wis.: National Business Institute, 1993. Addresses the landlord/tenant relationship. Provides guidance on avoiding tenant problems and on terminating a lease.

Utah Renters Handbook. Salt Lake City, Utah: Utah Legal Services, Inc., 1993. Pamphlet. Contains an overview of the rights and responsibilities of renters in the state of Utah.

Media Law

Media Guide to the Utah State Courts. Rosemary Gacnik, ed. Salt Lake City, Utah: Administrative Office of the Courts, 1992. Looseleaf. Prepared to assist journalists in their day-to-day coverage of the judicial system. Provides an overview of the organizational structure and operation of Utah's state courts. Includes photographs and short biographies of the judges of the Utah Supreme Court, Court of Appeals, District Courts, Juvenile Courts, and Circuit Courts. Includes bibliographical references, appendices, and forms.

Notaries

The Utah Notary Public Guide: The Laws of Utah and You. Salt Lake City, Utah: State of Utah Department of Business Regulation, Division of Corporation and Commercial Code, 1988. Summarizes the Utah notaries public statute. Designed to assist notaries in understanding their duties and responsibilities. Reviews the changes made in the laws governing notaries by the 1988 Utah State Legislature.

Oil and Gas

Oil and Gas: Practice and Procedure Before the Utah Board of Oil, Gas and Mining: A Nuts and Bolts Approach for the Practitioner. Salt Lake City, [*44] Utah: Oil and Gas Committee, Energy and Natural Resources Section, Utah State Bar, 1984. Contains information regarding the organization, structure, and function of the Division of Oil, Gas, and Mining. Includes directions for preparing applications, notices, petitions and final orders. Explains how to prepare for and conduct a hearing before the Board of Oil, Gas, and Mining.

Premises Liability

Collins, Peter C., and Robert G. Gilchrist. Premises Liability: Preparation and Trial of a Difficult Case in Utah. Eau Claire, Wis.: National Business Institute, 1993. A concise overview of premises liability law in Utah. Contains information regarding slips and falls, standards and codes, workers' compensation, and defending cases.

Probate/Wills

Brigham Young University Journal of Legal Studies: Summary of Utah Probate Law. Provo, Utah: J. Reuben Clark Law School, 1986. Not updated. Contains fifteen chapters dealing with all aspects of Utah probate law. Topics covered include probate court procedure, wills, intestate succession, formal and informal proceedings, personal representatives, creditors' claims, and distribution and closing the estate.

Hansen, H. Reese, and Stanley D. Neeleman. Utah Probate System. Provo, Utah: Brigham Young University Press, 1977. Designed to assist lawyers in the care and administration of all sizes of estates under the Utah Uniform Probate Code. Includes checklists, as well as sample court forms and pleadings that have been approved by the Probate Committee of the Utah State Bar.

Lauritzen, David K., and Bret F. Paulsen. Basic Drafting of Wills and Trusts in Utah. Eau Claire, Wis.: National Business Institute, 1992. Manual. Reviews estate planning, basic tax, and the obligations of fiduciaries. Also covers wills, testamentary trusts, revocable and irrevocable inter vivos trusts, marital deduction planning, estate freezes, and document preparation.

Will and Trust Forms. 3d ed. Salt Lake City, Utah: Trust Department, Zions First National Bank, 1986. Designed specifically for members of the Utah State Bar. Contains sample forms and suggested provisions for drafting wills and trusts in Utah.

Real Property or Real Estate

Cook, R. and L., et al. Basic Real Estate Law in Utah. Eau Claire, Wis.: National Business Institute, 1991. Addresses the initial matters to be considered when conducting real estate transactions in Utah, including commercial real estate. Other issues covered include basic real estate finance, securing free and marketable title, title insurance, and home warranties. A useful section on getting the paperwork right is also included.

[*45] Brigham Young University Journal of Legal Studies: Summary of Utah Real Property Law. Provo, Utah: J. Reuben Clark Law School, 1978. 2 vols. Not updated. A comprehensive summary of Utah real property law. Designed to assist lawyers, realtors, and others involved in Utah real property transactions.

Morrill, Dennis R., et al. Boundary Law in Utah. Eau Claire, Wis.: National Business Institute, 1990. Examines the doctrines that have developed to resolve boundary disputes between adjoining land owners in Utah. Other issues discussed include surveying the land, easements, and adverse possession.

Remedies

Zillman, Donald N., et al. Utah Remedies Guide. Salt Lake City, Utah: University of Utah College of Law, 1985. Not updated. Contains a detailed description of various remedies available under Utah law.

RICO

Kearl, Russell C., et al. RICO in Utah. Eau Claire, Wis.: National Business Institute, 1990. Contains an overview of the RICO statute. Discusses various aspects of RICO practice in Utah, including the elements of civil RICO, standing to sue, statute of limitations, jurisdiction, and patterns of unlawful activity.

State and Local Government

State and Local Government in Utah: A Description of the Structure, Operations, Functions, and Finances of State and Local Government in Utah--Their Departments, Commissions, and Agencies. 5th edition. Salt Lake City, Utah: Utah Foundation, 1992.

Tax Law

Bradford, Dallas H., et al. Utah Sales and Use Tax. Eau Claire, Wis.: National Business Institute, 1991. Issues examined in this manual include the taxable base, transfers of business and business assets, administration and compliance, appeals procedures and strategies, and current matters.

State and Local Taxes: Utah. Englewood Cliffs, N.J.: Research Institute of America, Inc., 1994- . Looseleaf. Compilation of tax laws of Utah, including property, sales and use, personal income, and special local taxes. Provides the full text of statutes, regulations, forms, rulings, and decisions. Also includes annotated explanations and interpretations.

Utah Tax Reporter. Chicago, Ill.: Commerce Clearing House. 1988- . Looseleaf. Contains text and explanations of Utah's tax laws, including the principal local levies. Covers revenue-producing taxes of interest to businesses, including franchise taxes, property taxes, sales and use taxes, as well as many others.

[*46] Tort Law

Bertch, Daniel F., et al. Trying the Soft Tissue Injury Case in Utah. Eau Claire, Wis.: National Business Institute, 1992. Discusses initial considerations for the plaintiff. Also includes a section on defense planning for the trial of the soft tissue injury case.

Brigham Young University Journal of Legal Studies, Summary of Utah Law: Intentional Injuries to Persons and Property. Provo, Utah: J. Reuben Clark Law School, 1984. Not updated. A comprehensive practice tool in the area of Utah tort law. Topics covered in the twenty-five numbered chapters include assault and battery, false imprisonment and false arrest, infliction of emotional distress, defamation, nuisance, wrongful death, and many more. Also includes an alphabetical table of cases, a table of authorities, and a detailed subject index.

Brigham Young University Journal of Legal Studies, Summary of Utah Law: Unintentional Injuries to Persons and Property. Provo, Utah: J. Reuben Clark Law School, 1984. Not updated. This comprehensive practice tool contains twenty-three chapters dealing with unintentional tort law in Utah. Topics covered include the elements of negligence, pain and suffering, economic loss, damages, vicarious liability, joint and several tortfeasors, defenses, and many others.

Zillman, Donald N. Utah Tort Law. Salt Lake City, Utah: University of Utah College of Law, 1986. Looseleaf. Annual updates through 1989. A concise summary of tort law in the state of Utah. Twelve chapters. Includes Utah Supreme Court cases, federal court cases applying Utah law, relevant Utah statutes, and scholarly journals published in Utah.

Trial Practice

Black, James R., and Todd S. Winegar. Trial Advocacy in Utah. Eau Claire, Wis.: National Business Institute, 1992. Manual. Addresses jury selection, opening statements, direct and cross examination of witnesses, closing arguments, and the choice between judge and jury.

Water Law

Digest of Utah Water Law. Salt Lake City, Utah: Utah State Engineer's Office, 1948. 2 vols. Not updated. A digest of all cases decided by the Utah Supreme Court involving water law issues prior to July 1948. Brings together, under appropriate titles, all cases dealing with similar issues.

State of Utah Water Laws of Utah and Interstate Compacts and Treaties. 2d ed. Salt Lake City, Utah: Utah State Engineer's Office, 1964. This set is currently being updated by the State Engineer's Office and should be available in late 1994.

[*47] Women's Rights

Utah Women and the Law: A Resource Handbook. 2d ed. Salt Lake City, Utah: University of Utah Press, 1991. Provides an overview of the laws that deal with the most common problems faced by women. Also suggests agencies to contact and questions to ask. Intended as a practical guide for women on basic legal matters.

Workers' Compensation

Chai, Henry K., II, et al. Workers' Compensation in Utah "Issues and Answers." Eau Claire, Wis.: National Business Institute, 1991. Issues addressed in this manual include what to be aware of once a claim is filed, how to get the employee off compensation, how to litigate a claim, and what the employer's obligations are concerning safety in the workplace. Also includes a section on current medical issues.

Davis, Ray Jay. Utah Workers' Compensation Law. Provo, Utah: Brigham Young University, 1988. Contains nine chapters dealing with all aspects of workers' compensation law in Utah. Topics covered include sources, coverage, compensation, and practice.

Zoning Law

Brigham Young University Journal of Legal Studies, Summary of Utah Law: Land Use, Zoning and Eminent Domain. Provo, Utah: J. Reuben Clark Law School, 1979. Not updated. Designed specifically for the practicing attorney. Contains twenty-one chapters covering a wide range of issues relative to Utah's land use, zoning, and eminent domain laws.