78A-2-302. Indigent litigants — Affidavit.
| (1) |
As used in Sections 78A-2-302 through 78A-2-309:
Terms Used In Utah Code 78A-2-302- 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.
- Conviction: A judgement of guilt against a criminal defendant.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- 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
- Swear: includes "affirm. 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.
- Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
| (a) |
“Convicted” means:
| (i) |
a conviction by entry of a plea of guilty or nolo contendere, guilty with a mental condition, no contest; and |
| (ii) |
a conviction of any crime or offense. |
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| (b) |
“Indigent” means an individual who is financially unable to pay fees and costs or give security. |
| (c) |
“Prisoner” means an individual who has been convicted of a crime and is incarcerated for that crime or is being held in custody for trial or sentencing. |
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| (2) |
An individual may institute, prosecute, defend, or appeal any cause in a court in this state without prepayment of fees and costs or security if the individual submits an affidavit demonstrating that the individual is indigent. |
| (3) |
A court shall find an individual indigent if the individual’s affidavit under Subsection (2) demonstrates:
| (a) |
the individual has an income level at or below 150% of the United States poverty level as defined by the most recent poverty income guidelines published by the United States Department of Health and Human Services; |
| (b) |
the individual receives benefits from a means-tested government program, including Temporary Assistance to Needy Families, Supplemental Security Income, the Supplemental Nutrition Assistance Program, or Medicaid; |
| (c) |
the individual receives legal services from a nonprofit provider or a pro bono attorney through the Utah State Bar; or |
| (d) |
the individual has insufficient income or other means to pay the necessary fees and costs or security without depriving the individual, or the individual’s family, of food, shelter, clothing, or other necessities. |
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| (4) |
An affidavit demonstrating that an individual is indigent under Subsection (3)(d) shall contain complete information on the individual’s:
| (a) |
identity and residence; |
| (b) |
amount of income, including any government financial support, alimony, or child support; |
| (c) |
assets owned, including real and personal property; |
| (f) |
securities, checking and savings account balances; |
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| (5) |
If the individual under Subsection (3) is a prisoner, the prisoner shall disclose the amount of money held in the prisoner’s trust account at the time the affidavit under Subsection (2) is executed in accordance with Section 78A-2-305. |
| (6) |
An affidavit of indigency under this section shall state the following:
I, (insert name), do solemnly swear or affirm that due to my poverty I am unable to bear the expenses of the action or legal proceedings which I am about to commence or the appeal which I am about to take, and that I believe I am entitled to the relief sought by the action, legal proceedings, or appeal. |
Amended by Chapter 184, 2023 General Session
