63G-7-601.  Actions governed by Utah Rules of Civil Procedure — Undertaking required.

(1)  An action brought under this chapter shall be governed by the Utah Rules of Civil Procedure to the extent that they are consistent with this chapter.

Terms Used In Utah Code 63G-7-601

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Governmental entity: means :
(a) the state and its political subdivisions; and
(b) a law enforcement agency, as defined in Section 53-1-102, that employs one or more law enforcement officers, as defined in Section 53-13-103. See Utah Code 63G-7-102
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
    • (2)  A plaintiff who files an action under this chapter shall file an undertaking within 20 days after commencement of the action:

    (a)  in the amount of $300, unless otherwise ordered by the court; and

    (b)  conditioned upon payment by the plaintiff of taxable costs incurred by the governmental entity in the action if the plaintiff fails to prosecute the action or fails to recover judgment.

    (3)  If a plaintiff does not file an undertaking as required in Subsection (2), a court may, sua sponte or pursuant to a motion, order the plaintiff to file an undertaking in an amount and by a deadline that the court establishes.

    (4)  A defendant waives a defense based on the plaintiff’s failure to file an undertaking under this section if the defendant does not raise the plaintiff’s failure to file an undertaking as an affirmative defense in the defendant’s initial responsive pleading.

    Amended by Chapter 229, 2019 General Session

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