| (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. |
Terms Used In Utah Code 78A-2-307
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Service of process: The service of writs or summonses to the appropriate party.
| (2) |
The court shall review the memorandum and supporting documents challenging the fee assessment for facial validity. |
| (3) |
The court may reduce the initial filing fee, authorize service of process, or otherwise proceed with the action without prepayment of costs and fees if the memorandum shows the litigant:
| (a) |
has lost his source of income; |
| (b) |
has unaccounted nondiscretionary expenses limiting his ability to pay; |
| (c) |
will suffer immediate irreparable harm if the action is unnecessarily delayed; or |
| (d) |
will otherwise lose the cause of action by unnecessary delays associated with securing funds necessary to satisfy the assessed filing fee. |
|
| (4) |
Nothing in this section shall be construed to relieve the litigant from the ongoing obligation of monthly payments until the filing fee is paid in full. |
Renumbered and Amended by Chapter 3, 2008 General Session
