78A-2-301.5. Civil fees for justice courts.
| (1) |
The fee for filing a small claims affidavit is:
Terms Used In Utah Code 78A-2-301.5- 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.
- 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.
- 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
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
| (a) |
$60 if the claim for damages or amount in interpleader exclusive of justice court costs, interest, and attorney fees is $2,000 or less; |
| (b) |
$100 if the claim for damages or amount in interpleader exclusive of justice court costs, interest, and attorney fees is greater than $2,000, but less than $7,500; and |
| (c) |
$185 if the claim for damages or amount in interpleader exclusive of justice court costs, interest, and attorney fees is $7,500 or more. |
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| (2) |
The fee for filing a small claims counter affidavit is:
| (a) |
$50 if the claim for relief exclusive of justice court costs, interest, and attorney fees is $2,000 or less; |
| (b) |
$70 if the claim for relief exclusive of justice court costs, interest, and attorney fees is greater than $2,000, but less than $7,500; and |
| (c) |
$120 if the claim for relief exclusive of justice court costs, interest, and attorney fees is $7,500 or more. |
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| (3) |
The fee for filing a petition for expungement is $135. |
| (4) |
The fee for a petition to open a sealed record is $35. |
| (5) |
The fee for a writ of replevin, attachment, execution, or garnishment is $50 in addition to any fee for a complaint or petition. |
| (6) |
The fee for filing a notice of appeal to a court of record is $10. This fee covers all services of the justice court on appeal but does not satisfy the trial de novo filing fee in the court of record. |
| (7) |
The fee for a certified copy of a document is $4 per document plus 50 cents per page. |
| (8) |
The fee for an exemplified copy of a document is $6 per document plus 50 cents per page. |
| (10) |
There is no fee for services or the filing of documents not listed in this section or otherwise provided by law. |
| (11) |
The filing fees under this section may not be charged to the state, its 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 (11) shall be applied to the fees after credit to the judgment, order, fine, tax, lien, or other penalty and costs permitted by law. |
| (12) |
| (a) |
The requirement of a fee for filing a petition for expungement under Subsection (3) is suspended from May 4, 2022, to June 30, 2023. |
| (b) |
An individual may not be charged a fee for filing a petition for expungement during the time period described in Subsection (12)(a). |
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Amended by Chapter 384, 2022 General Session
