78A-2-304 - Effect of filing affidavit -- Nonprisoner. - Utah Statutes

78A-2-304. Effect of filing affidavit -- Nonprisoner.
(1) Upon the filing of the oath or affirmation with any Utah court by a nonprisoner, thecourt shall review the affidavit and make an independent determination based on the informationprovided whether court costs and fees should be waived entirely or in part. Notwithstanding theparty's statement of inability to pay court costs, the court shall require a partial or full filing feewhere the financial information provided demonstrates an ability to pay a fee.
(2) In instances where fees or costs are completely waived, the court shall immediatelyfile any complaint or papers on appeal and do what is necessary or proper as promptly as if thelitigant had fully paid all the regular fees. The constable or sheriff shall immediately serve anysummonses, writs, process and subpoenas, and papers necessary or proper in the prosecution ordefense of the cause, for the impecunious person as if all the necessary fees and costs had beenfully paid.
(3) However, in cases where an impecunious affidavit is filed, the judge shall questionthe person who filed the affidavit at the time of hearing the cause as to his ability to pay. If thejudge opines that the person is reasonably able to pay the costs, the judge shall direct thejudgment or decree not be entered in favor of that person until the costs are paid. The order maybe cancelled later upon petition if the facts warrant cancellation.

Renumbered and Amended by Chapter 3, 2008 General Session