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. |
Terms Used In Utah Code 78A-2-309
- 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.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
| (2) |
All fees and costs shall be regularly taxed and included in any judgment recovered by the indigent individual. |
| (3) |
The fees and costs shall be paid to a justice court judge, clerk, constable, or sheriff. |
| (4) |
If the indigent individual fails in the action or appeal, the costs of the action or appeal may be adjudged against the indigent individual. |
Amended by Chapter 272, 2022 General Session
