Utah Administrative Code
Topic - Attorney General
Title R105 - Administration
Rule R105-1 - Attorney General's Selection of Outside Counsel, Expert Witnesses and Other Litigation Support Services
Section R105-1-2 - Definitions
Current through Bulletin 2024-24, December 15, 2024
Terms in this Rule R105-1 shall be as defined in Title 63G, Chapter 6a, Utah Procurement Code. The definitions in Rule R33-1 also apply to this Rule R105-1, except in case of conflict, the definitions in this Rule R105-1 shall control. Additional definitions are provided below.
(1) "Agency" is as defined in Section 67-5-3.
(2) "Attorney General" means the Attorney General of the State of Utah, or the Attorney General's designee.
(3) "Contingent fee case" means a legal matter for which legal services are provided under a contingent fee contract.
(4) "Contingent fee contract" means a contract for legal services under which the compensation for legal services is a percentage of the amount recovered in the legal matter for which the legal services are provided.
(5) "Expert witness" means a person whose knowledge, skill, experience, training or education in a scientific, technical, or other specialized area, would enable the person to give testimony under the Utah Rules of Evidence, Rule 702.
(6) "Legal matter" means a legal issue or administrative or judicial proceeding within the scope of the attorney general's authority.
(7) "Litigation Support Services" includes goods, services, software, or technology.
(8) "Outside Counsel" means an attorney or attorneys who are not, or a law firm whose attorneys are not, employed by the Attorney General's office, pursuant to Section 67-5-7 et seq., which the Attorney General hires, pursuant to Section 67-5-5, to represent, provide legal advice, or counsel to an agency of the State. "Outside Counsel" may or may not be designated as 'Special Assistant Attorney General", as the Attorney General determines.
(9) "Procurement item" or "Procurement items" is as defined in Section 63G-6a-103.
(10) "Securities class action" means an action brought as a class action alleging a violation of federal securities law, including a violation of the Securities Act of 1933, 15 U.S.C. Sec. 77a et seq., or the Securities Exchange Act of 1934, 15 U.S.C. Sec. 78a et seq.
(11) "Small purchase" means a purchase under Rule R105-1-6.
(12) "Sole source" means a determination by the Attorney General, in writing, that the sole source requirements of the Utah Procurement Code and this Rule have been met.
(13) "State" means the State of Utah.
