47-1-3 - Evidence -- Dismissal of action -- Costs. - Utah Statutes

47-1-3. Evidence -- Dismissal of action -- Costs.
In such action evidence of the general reputation of the place shall be admissible for thepurpose of proving the existence of the nuisance. If the complaint is filed by a citizen, it shall notbe dismissed except upon a sworn statement made by the relator and his attorney setting forth thereasons why the action should be dismissed, and the dismissal approved by the county attorney inwriting or in open court. If the court is of the opinion that the action ought not to be dismissed, itmay direct the county attorney to prosecute the action to judgment, and, if the action is continuedfor more than one term of court, any citizen of the county or the county attorney may besubstituted for the relator and prosecute the action to judgment. If the action is brought by acitizen and the court finds there was no reasonable ground or cause therefor, the costs may betaxed to such citizen.

No Change Since 1953