Utah Code
Utah Code § 78B-1-128 (2026)
Who may be witnesses -- Jury to judge credibility
✓ current as of May 2026
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All persons, without exception, otherwise than as specified in this part, who, having organs of sense, can perceive, and, perceiving, can make known their perceptions to others, may be witnesses.
Neither parties nor other persons who have an interest in the event of an action or proceeding are excluded; nor those who have been convicted of crime; nor persons on account of their opinions on matters of religious belief.
The credibility of a witness may be questioned by:
the manner in which the witness testifies;
the character of the witness testimony;
evidence affecting the witness' character for truth, honesty, or integrity;
the witness' motives; or
contradictory evidence.
The jury is the exclusive judge of credibility.
Notes of Decisions
Cited in 5
cases (2 in the last 5 years), 2017–2025 · leading case: State v. Prater, 2017 UT 13 (Utah 2017).
State v. Prater, 2017 UT 13 (Utah 2017). “2d 981, 984 (Utah 1993); Utah Code § 78B-1-128(4) (“The jury is the exclusive judge of credibility.”
State v. Van Oostendorp, 2017 UT App 85 (Utah Ct. App. 2017). “¶20 Because “[t]he jury is the exclusive judge of credibility,” Utah Code Ann. § 78B-1-128(4) (LexisNexis 2012), “we will not act as a second trier of fact” on appeal, Prater, 2017 UT 13, ¶ 41 .”
State v. Stricklan, 2020 UT 65 (Utah 2020). “told the truth during her first two reports of abuse or when she testified at trial.”
State v. Hernandez, 2025 UT App 90 (Utah Ct. App. 2025). “After all, the “jury is the exclusive judge of credibility,” see Utah Code § 78B-1-128(4), and it could have credited Employee’s recollection of the encounter even though the two other customers and Hernandez either could not corroborate or contradicted Employee’s account.”
State v. Palmer, 2025 UT App 135 (Utah Ct. App. 2025). “” Utah Code § 78B-1-128(4). And the jury could have chosen to discredit the self-defense testimony from Palmer and Friend due to the State’s evidence.”
— Utah Code § 78B-1-128(4) — 5 cases
State v. Prater, 2017 UT 13 (Utah 2017). “2d 981, 984 (Utah 1993); Utah Code § 78B-1-128(4) (“The jury is the exclusive judge of credibility.”
State v. Van Oostendorp, 2017 UT App 85 (Utah Ct. App. 2017). “¶20 Because “[t]he jury is the exclusive judge of credibility,” Utah Code Ann. § 78B-1-128(4) (LexisNexis 2012), “we will not act as a second trier of fact” on appeal, Prater, 2017 UT 13, ¶ 41 .”
State v. Stricklan, 2020 UT 65 (Utah 2020). “told the truth during her first two reports of abuse or when she testified at trial.”
State v. Hernandez, 2025 UT App 90 (Utah Ct. App. 2025). “After all, the “jury is the exclusive judge of credibility,” see Utah Code § 78B-1-128(4), and it could have credited Employee’s recollection of the encounter even though the two other customers and Hernandez either could not corroborate or contradicted Employee’s account.”
State v. Palmer, 2025 UT App 135 (Utah Ct. App. 2025). “” Utah Code § 78B-1-128(4). And the jury could have chosen to discredit the self-defense testimony from Palmer and Friend due to the State’s evidence.”
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