63J-1-505. Payment of fees prerequisite to service — Exception.
| (1) |
Terms Used In Utah Code 63J-1-505- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
State and county officers required by law to charge fees may not perform any official service unless the fees prescribed for that service are paid in advance. |
| (b) |
When the fee is paid, the officer shall perform the services required. |
| (c) |
An officer is liable upon the officer’s official bond for every failure or refusal to perform an official duty when the fees are tendered. |
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| (2) |
| (a) |
Except as provided in Subsection (2)(b), no fees may be charged:
| (i) |
to the officer’s state, or any county or subdivision of the state; |
| (ii) |
to any public officer acting for the state, county, or subdivision; |
| (iii) |
in cases of habeas corpus; |
| (iv) |
in criminal causes before final judgment; |
| (v) |
for administering and certifying the oath of office; |
| (vi) |
for swearing pensioners and their witnesses; or |
| (vii) |
for filing and recording bonds of public officers. |
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| (b) |
Fees may be charged for payment:
| (i) |
of recording fees for assessment area recordings in compliance with Sections 11-42-205 and 11-42a-302; |
| (ii) |
of recording fees for judgments recorded in compliance with Sections 57-3-106 and 78A-7-105; and |
| (iii) |
to the state engineer under Section 73-2-14. |
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Amended by Chapter 470, 2017 General Session
