| (1) |
Terms Used In Utah Code 78A-2-301- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- 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.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Council: means the Judicial Council established by Article VIII, Sec. See Utah Code 78A-2-103
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Judicial Council: means the Judicial Council established by Utah Constitution, Article VIII, Section 12. See Utah Code 78A-2-103 v2
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Probate: Proving a will
- 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
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
| (a) |
The fee for filing any civil complaint or petition invoking the jurisdiction of a court of record not governed by another subsection is $375. |
| (b) |
The fee for filing a complaint or petition is:
| (i) |
$90 if the claim for damages or amount in interpleader exclusive of court costs, interest, and attorney fees is $2,000 or less; |
| (ii) |
$200 if the claim for damages or amount in interpleader exclusive of court costs, interest, and attorney fees is greater than $2,000 and less than $10,000; |
| (iii) |
$375 if the claim for damages or amount in interpleader is $10,000 or more; |
| (v) |
$35 for a motion for temporary separation order filed under Section 30-3-4.5; |
| (vi) |
$125 if the petition is for removal from the Sex Offender and Kidnap Offender Registry under Section 77-41-112; and |
| (vii) |
$35 if the petition is for guardianship and the prospective ward is the biological or adoptive child of the petitioner. |
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| (c) |
The fee for filing a small claims affidavit is:
| (i) |
$60 if the claim for damages or amount in interpleader exclusive of court costs, interest, and attorney fees is $2,000 or less; |
| (ii) |
$100 if the claim for damages or amount in interpleader exclusive of court costs, interest, and attorney fees is greater than $2,000, but less than $7,500; and |
| (iii) |
$185 if the claim for damages or amount in interpleader exclusive of court costs, interest, and attorney fees is $7,500 or more. |
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| (d) |
The fee for filing a counter claim, cross claim, complaint in intervention, third party complaint, or other claim for relief against an existing or joined party other than the original complaint or petition is:
| (i) |
$55 if the claim for relief exclusive of court costs, interest, and attorney fees is $2,000 or less; |
| (ii) |
$165 if the claim for relief exclusive of court costs, interest, and attorney fees is greater than $2,000 and less than $10,000; |
| (iii) |
$170 if the original petition is filed under Subsection (1)(a), the claim for relief is $10,000 or more, or the party seeks relief other than monetary damages; and |
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| (e) |
The fee for filing a small claims counter affidavit is:
| (i) |
$50 if the claim for relief exclusive of court costs, interest, and attorney fees is $2,000 or less; |
| (ii) |
$70 if the claim for relief exclusive of court costs, interest, and attorney fees is greater than $2,000, but less than $7,500; and |
| (iii) |
$120 if the claim for relief exclusive of court costs, interest, and attorney fees is $7,500 or more. |
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| (f) |
The fee for depositing funds under Section 57-1-29 when not associated with an action already before the court is determined under Subsection (1)(b) based on the amount deposited. |
| (g) |
The fee for filing a petition is:
| (i) |
$240 for trial de novo of an adjudication of the justice court or of the small claims department; and |
| (ii) |
$80 for an appeal of a municipal administrative determination in accordance with Section 10-3-703.7. |
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| (h) |
The fee for filing a notice of appeal, petition for appeal of an interlocutory order, or petition for writ of certiorari is $240. |
| (i) |
The fee for filing a petition for expungement is $150. |
| (j) |
| (ii) |
Four dollars of the fees established by Subsections (1)(a) through (i) shall be allocated by the state treasurer to be deposited into the restricted account, Children’s Legal Defense Account, as provided in Section 51-9-408. |
| (iii) |
Five dollars of the fees established under Subsections (1)(a) through (e), (1)(g), and (1)(s) shall be allocated to and deposited with the Dispute Resolution Account as provided in Section 78B-6-209. |
| (iv) |
Thirty dollars of the fees established by Subsections (1)(a), (1)(b)(iii) and (iv), (1)(d)(iii) and (iv), (1)(g)(ii), (1)(h), and (1)(i) shall be allocated by the state treasurer to be deposited into the restricted account, Court Security Account, as provided in Section 78A-2-602. |
| (v) |
Twenty dollars of the fees established by Subsections (1)(b)(i) and (ii), (1)(d)(ii) and (1)(g)(i) shall be allocated by the state treasurer to be deposited into the restricted account, Court Security Account, as provided in Section 78A-2-602. |
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| (k) |
The fee for filing a judgment, order, or decree of a court of another state or of the United States is $35. |
| (l) |
The fee for filing a renewal of judgment in accordance with Section 78B-6-1801 is 50% of the fee for filing an original action seeking the same relief. |
| (m) |
The fee for filing probate or child custody documents from another state is $35. |
| (n) |
| (i) |
The fee for filing an abstract or transcript of judgment, order, or decree of the State Tax Commission is $30. |
| (ii) |
The fee for filing an abstract or transcript of judgment of a court of law of this state or a judgment, order, or decree of an administrative agency, commission, board, council, or hearing officer of this state or of its political subdivisions other than the State Tax Commission, is $50. |
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| (o) |
The fee for filing a judgment by confession without action under Section 78B-5-205 is $35. |
| (q) |
The fee for filing a petition or counter-petition to modify a domestic relations order other than a protective order or stalking injunction is $100. |
| (r) |
The fee for filing any accounting required by law is:
| (i) |
$15 for an estate valued at $50,000 or less; |
| (ii) |
$30 for an estate valued at $75,000 or less but more than $50,000; |
| (iii) |
$50 for an estate valued at $112,000 or less but more than $75,000; |
| (iv) |
$90 for an estate valued at $168,000 or less but more than $112,000; and |
| (v) |
$175 for an estate valued at more than $168,000. |
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| (s) |
The fee for filing a demand for a civil jury is $250. |
| (t) |
The fee for filing a notice of deposition in this state concerning an action pending in another state under Utah Rules of Civil Procedure, Rule 30 is $35. |
| (u) |
The fee for filing documents that require judicial approval but are not part of an action before the court is $35. |
| (v) |
The fee for a petition to open a sealed record is $35. |
| (w) |
The fee for a writ of replevin, attachment, execution, or garnishment is $50 in addition to any fee for a complaint or petition. |
| (x) |
| (i) |
The fee for a petition for authorization for a minor to marry required by Section 30-1-9 is $5. |
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| (y) |
The fee for a certificate issued under Section 26B-8-128 is $8. |
| (z) |
The fee for a certified copy of a document is $4 per document plus 50 cents per page. |
| (aa) |
The fee for an exemplified copy of a document is $6 per document plus 50 cents per page. |
| (cc) |
The Judicial Council may, by rule, establish a reasonable fee to allow members of the public to conduct a limited amount of searches on the Xchange database without having to pay a monthly subscription fee. |
| (dd) |
There is no fee for services or the filing of documents not listed in this section or otherwise provided by law. |
| (ee) |
Except as provided in this section, all fees collected under this section are paid to the General Fund. Except as provided in this section, all fees shall be paid at the time the clerk accepts the pleading for filing or performs the requested service. |
| (ff) |
The filing fees under this section may not be charged to the state, the state’s agencies, or political subdivisions filing or defending any action. In judgments awarded in favor of the state, its agencies, or political subdivisions, except the Office of Recovery Services, the court shall order the filing fees and collection costs to be paid by the judgment debtor. The sums collected under this Subsection (1)(ff) shall be applied to the fees after credit to the judgment, order, fine, tax, lien, or other penalty and costs permitted by law. |
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