Legal immunity from suit or liability (in civil litigation) or immunity from prosecution (in criminal prosecutions) is a legal status that protects an individual or entity from liability or criminal prosecution. Immunity may be given to the person or entity by law (usually a state or federal statute) or by the agreement of a party to the litigation (usually in the context of a criminal prosecution)—generally for some greater policy goal. Some common types of immunity include (1) judicial immunity; (2) witness immunity; (3) diplomatic immunity; and (4) governmental or sovereign immunity.
In Utah, as in other states, various forms of legal immunity protect individuals and entities from civil liability or criminal prosecution. Judicial immunity in Utah shields judges from being sued for actions they take in their official capacity, ensuring that judges can perform their duties without fear of personal liability. Witness immunity may be granted to witnesses in criminal cases to encourage them to testify without fear of prosecution based on their testimony. Diplomatic immunity, governed by federal law and international treaties, protects foreign diplomats from legal action in the U.S. Lastly, governmental or sovereign immunity in Utah limits the circumstances under which state and local government entities can be sued, typically requiring a waiver of immunity by the government for a lawsuit to proceed. This immunity is based on the principle that the state cannot be sued without its consent, which is codified in the Utah Governmental Immunity Act. It's important to note that these immunities are subject to specific conditions and exceptions, and the application of immunity can vary depending on the context and the nature of the legal action.