78A-2-305 - Effect of filing affidavit -- Procedure for review and collection. - Utah Statutes

78A-2-305. Effect of filing affidavit -- Procedure for review and collection.
(1) (a) Upon receipt of the oath or affirmation filed with any Utah court by a prisoner, thecourt shall immediately request the institution or facility where the prisoner is incarcerated toprovide an account statement detailing all financial activities in the prisoner's trust account forthe previous six months or since the time of incarceration, whichever is shorter.
(b) The incarcerating facility shall:
(i) prepare and produce to the court the prisoner's six-month trust account statement,current trust account balance, and aggregate disposable income; and
(ii) calculate aggregate disposable income by totaling all deposits made in the prisoner'strust account during the six-month period and subtracting all funds automatically deducted orotherwise garnished from the account during the same period.
(2) The court shall:
(a) review both the affidavit of impecuniosity and the financial account statement; and
(b) based upon the review, independently determine whether or not the prisoner isfinancially capable of paying all the regular fees and costs associated with filing the action.
(3) When the court concludes that the prisoner is unable to pay full fees and costs, thecourt shall assess an initial partial filing fee equal to 50% of the prisoner's current trust accountbalance or 10% of the prisoner's six-month aggregate disposable income, whichever is greater.
(4) (a) After payment of the initial partial filing fee, the court shall require the prisoner tomake monthly payments of 20% of the preceding month's aggregate disposable income until theregular filing fee associated with the civil action is paid in full.
(b) The agency having custody of the prisoner shall:
(i) garnish the prisoner's account each month; and
(ii) once the collected fees exceed $10, forward payments to the clerk of the court untilthe filing fees are paid.
(c) Nothing in this section may be construed to prevent the agency having custody of theprisoner from withdrawing funds from the prisoner's account to pay court-ordered restitution.
(5) Collection of the filing fees continues despite dismissal of the action.
(6) The filing fee collected may not exceed the amount of fees permitted by statute forthe commencement of a civil action or an appeal of a civil action.
(7) If the prisoner is filing an initial divorce action or an action to obtain custody of theprisoner's children, the following procedures shall apply for review and collection of fees andcosts:
(a) Upon filing an oath or affirmation with any Utah court by a prisoner, the court shallreview the affidavit and make an independent determination based on the information providedwhether court costs and fees should be paid in full or be waived in whole or in part. The courtshall require a full or partial filing fee when the prisoner's financial information demonstrates anability to pay the applicable court fees or costs.
(b) (i) If a prisoner's court fees or costs are completely waived, and if the prisoner files anappeal, the court shall immediately file any complaint or papers on appeal and complete allnecessary action as promptly as if the litigant had paid all the fees and costs in full.
(ii) If a prisoner is impecunious, the constable and sheriff shall immediately serve anysummonses, writs, process and subpoenas, and papers necessary in the prosecution or defense ofthe cause as if all the necessary fees and costs had been paid in full.
(c) (i) If a prisoner files an affidavit of impecuniosity, the judge shall question the

prisoner at the time of the hearing on the merits of the case as to the prisoner's ability to pay.
(ii) If the judge determines that the prisoner is reasonably able to pay court fees andcosts, the final order or decree shall be entered, however the prisoner may not seek enforcementor modification of the decree or order until the prisoner has paid the fees or costs in full.
(iii) A judge may waive the restrictions placed on the prisoner in Subsection (7)(c)(ii)upon a showing of good cause.

Amended by Chapter 226, 2010 General Session