Affected by 63I-1-278 on 7/1/2023 Effective 5/4/2022 78A-2-301. Civil fees of the courts of record — Courts complex design. (1) (a) The fee for filing any civil complaint or petition invoking the jurisdiction of a court of record not governed by another subsection is $375. (b) The fee for filing a complaint or petition is: […]
Affected by 63I-1-278 on 7/1/2023 Effective 5/4/2022 78A-2-301.5. Civil fees for justice courts. (1) The fee for filing a small claims affidavit is: (a) $60 if the claim for damages or amount in interpleader exclusive of justice court costs, interest, and attorney fees is $2,000 or less; (b) $100 if the claim for damages or […]
Effective 5/4/2022 78A-2-302. Indigent litigants — Affidavit. (1) As used in Sections 78A-2-302 through 78A-2-309: (a) “Convicted” means: (i) a conviction by entry of a plea of guilty or nolo contendere, guilty with a mental illness, no contest; and (ii) a conviction of any crime or offense. (b) “Indigent” means an individual who is financially […]
Effective 5/4/2022 78A-2-303. False affidavit — Penalty. (1) An individual may assert by affidavit that an affidavit of indigency under Section 78A-2-302, action, or appeal is: (a) false; (b) frivolous or without merit; or (c) malicious. (2) Upon receipt of an affidavit in accordance with Subsection (1), the court may notify the affiant of the […]
Effective 5/4/2022 78A-2-304. Effect of filing affidavit — Nonprisoner. (1) (a) Upon the filing of an affidavit of indigency under Section 78A-2-302 by a nonprisoner, the court shall review the affidavit and make an independent determination based on the information provided whether court costs and fees should be waived entirely or in part. (b) Notwithstanding […]
Effective 5/4/2022 78A-2-305. Effect of filing affidavit — Procedure for review and collection. (1) (a) Upon receipt of an affidavit of indigency under Section 78A-2-302 filed with any Utah court by a prisoner, the court shall immediately request the institution or facility where the prisoner is incarcerated to provide an account statement detailing all financial […]
Effective 5/4/2022 78A-2-306. Notice of filing fee — Consequence of nonpayment. (1) When an affidavit of indigency under Section 78A-2-302 has been filed and the court assesses an initial filing fee, the court shall immediately notify the litigant in writing of: (a) the initial filing fee required as a prerequisite to proceeding with the action; […]
78A-2-307. Filing fee challenge — Court powers. (1) Within 10 days of receiving court notice requiring an initial filing fee under Section 78A-2-306, the litigant may contest the fee assessment by filing a memorandum and supporting documentation with the court demonstrating inability to pay the fee. (2) The court shall review the memorandum and supporting […]
78A-2-308. Failure to serve papers — Penalty. Any justice court judge, clerk, or officer refusing to file or serve the papers is guilty of a class B misdemeanor. Renumbered and Amended by Chapter 3, 2008 General Session
Effective 5/4/2022 78A-2-309. Liability for fees if successful in litigation. (1) Nothing in this part shall prevent a justice court judge, clerk, constable, or sheriff from collecting regular fees for all services rendered for the indigent individual, in the event the indigent individual is successful in litigation. (2) All fees and costs shall be regularly […]
