78A-2-304. Effect of filing affidavit — Nonprisoner.
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Terms Used In Utah Code 78A-2-304- 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.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
| (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 the party’s statement of inability to pay court costs, the court shall require a partial or full filing fee where the financial information provided demonstrates an ability to pay a fee. |
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| (2) |
| (a) |
In instances where fees or costs are completely waived, the court shall immediately file any complaint or papers on appeal and do what is necessary or proper as promptly as if the litigant had fully paid all the regular fees. |
| (b) |
The constable or sheriff shall immediately serve any summonses, writs, process and subpoenas, and papers necessary or proper in the prosecution or defense of the cause, for the indigent individual as if all the necessary fees and costs had been fully paid. |
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| (3) |
| (a) |
In cases where an affidavit of indigency under Section 78A-2-302 is filed, the court shall question the individual who filed the affidavit at the time of hearing the cause as to the individual’s ability to pay. |
| (b) |
If the court opines that the individual is reasonably able to pay the costs, the court shall direct the judgment or decree not be entered in favor of that individual until the costs are paid. |
| (c) |
The order may be cancelled later upon petition if the facts warrant cancellation. |
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Amended by Chapter 272, 2022 General Session
