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:
Terms Used In Utah Code 78A-2-303- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
| (a) |
false; |
| (b) |
frivolous or without merit; or |
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| (2) |
Upon receipt of an affidavit in accordance with Subsection (1), the court may notify the affiant of the challenge and set a date, not less than five days from receipt of the notice, requiring the affiant to appear and show cause why the affiant should not be required to:
| (a) |
post a bond for the costs of the action or appeal; or |
| (b) |
pay the legal fees for the action or appeal. |
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| (3) |
The court may dismiss the action or appeal if:
| (a) |
the affiant does not appear; |
| (b) |
the affiant appears and the court determines the affidavit is false, frivolous, without merit, or malicious; or |
| (c) |
the court orders the affiant to post a bond or pay the legal fees and the affiant fails to do so. |
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Amended by Chapter 272, 2022 General Session
