reglab/statecodes huggingface dataset:
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 2 - General Provisions Applicable to Courts and Judges › Section 203 - Rules -- Right to make -- Limitation -- Security.

78A-2-203.
Rules -- Right to make -- Limitation -- Security.
(1) Every court of record may make rules, not inconsistent with law, for its own government and the government of its officers; but such rules must neither impose any tax or charge upon any legal proceeding nor give any allowance to any officer for service.
(2)
(a) The judicial council may provide, through the rules of judicial administration, for security in or about a courthouse or courtroom, or establish a secure area as prescribed in Section 76-8-311.1.
(b)
(i) If the council establishes a secure area under Subsection (2)(a), it shall provide a secure firearms storage area on site so that persons with lawfully carried firearms may store them while they are in the secure area.
(ii) The entity operating the facility with the secure area shall be responsible for the firearms while they are stored in the storage area referred to in Subsection (2)(b)(i).
(iii) The entity may not charge a fee to individuals for storage of their firearms under Subsection (2)(b)(i).
(3)
(a) Unless authorized by the rules of judicial administration, any person who knowingly or intentionally possesses a firearm, ammunition, or dangerous weapon within a secure area established by the judicial council under this section is guilty of a third degree felony.
(b) Any person is guilty of violating Section 76-10-306 who transports, possesses, distributes, or sells an explosive, chemical, or incendiary device, as defined by Section 76-10-306, within a secure area, established by the Judicial Council under this section.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 2 - General Provisions Applicable to Courts and Judges › Section 204 - Judicial Council to approve court seals.

Superseded 7/1/2024
78A-2-204.
Judicial Council to approve court seals.
The Judicial Council shall approve a seal for all courts of justice.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 2 - General Provisions Applicable to Courts and Judges › Section 204 - Judicial Council to approve court seals.

Effective 7/1/2024
78A-2-204.
Judicial Council to approve court seals.
The Judicial Council shall approve a seal for all courts of this state.
Amended by Chapter 394, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 2 - General Provisions Applicable to Courts and Judges › Section 205 - When seal is affixed.

78A-2-205.
When seal is affixed.
The seal of the court need not be affixed to any document of the court, except to:
(1) a writ;
(2) a certificate of the probate of a will, or of appointment of an executor, administrator, or guardian; or
(3) the authentication of:
(a) a copy of a record or document on file with the court; or
(b) the signature of an officer of the court.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 2 - General Provisions Applicable to Courts and Judges › Section 207 - Domestic relations cases -- Party designation.

78A-2-207.
Domestic relations cases -- Party designation.
Parties in domestic relations cases, including divorce, annulment, property division, child custody, support, parent-time, adoption, and paternity, shall be designated as petitioner and respondent.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 2 - General Provisions Applicable to Courts and Judges › Section 208 - Sittings of courts -- To be public -- Notice to public of recording -- Right to exclude in certain cases.

Effective 5/10/2016
Superseded 7/1/2024
78A-2-208.
Sittings of courts -- To be public -- Notice to public of recording -- Right to exclude in certain cases.
(1) The sittings of every court of justice are public, except as provided in Subsections (3) and (4).
(2) The Judicial Council shall require that notice be given to the public that the proceedings are being recorded when an electronic or digital recording system is being used during court proceedings.
(3) The court may, in its discretion, during the examination of a witness exclude any and all other witnesses in the proceedings.
(4) In an action of divorce, criminal conversation, seduction, abortion, rape, or assault with intent to commit rape, the court may, in its discretion, exclude all persons who do not have a direct interest in the proceedings, except jurors, witnesses and officers of the court.
Amended by Chapter 126, 2016 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 2 - General Provisions Applicable to Courts and Judges › Section 208 - Sittings of courts -- To be public -- Notice to public of recording -- Right to exclude in certain cases.

Effective 7/1/2024
78A-2-208.
Sittings of courts -- To be public -- Notice to public of recording -- Right to exclude in certain cases.
(1) The sittings of every court of this state are public, except as provided in Subsections (3) and (4).
(2) The Judicial Council shall require that notice be given to the public that the proceedings are being recorded when an electronic or digital recording system is being used during court proceedings.
(3) The court may, in the court's discretion, during the examination of a witness exclude any and all other witnesses in the proceedings.
(4) In an action of divorce, criminal conversation, seduction, abortion, rape, or assault with intent to commit rape, the court may, in the court's discretion, exclude all persons who do not have a direct interest in the proceedings, except jurors, witnesses and officers of the court.
Amended by Chapter 394, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 2 - General Provisions Applicable to Courts and Judges › Section 209 - Sheriff to supply court rooms when the county legislative body neglects.

78A-2-209.
Sheriff to supply court rooms when the county legislative body neglects.
If suitable rooms for holding the district court and for chambers of the judge are not provided in the place appointed for holding court in any county, together with attendants, furniture, lights, and stationery sufficient for the transaction of business, the court or the judge may direct the sheriff to provide rooms, attendants, furniture, fuel, lights, and stationery. All expenses incurred, certified by the judge to be correct, are a charge against the county and shall be paid out of the county's general fund.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 2 - General Provisions Applicable to Courts and Judges › Section 210 - Change of place of trial because of calamity.

78A-2-210.
Change of place of trial because of calamity.
(1) The presiding judge may order court proceedings to be held at another location within the jurisdiction if the presiding judge determines it is necessary because of:
(a) war;
(b) insurrection;
(c) pestilence;
(d) public calamity or natural disaster; or
(e) destruction of or danger to the building in which court is held.
(2) Any order to move court proceedings shall be reduced to writing and filed with the clerk of the court for publication.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 2 - General Provisions Applicable to Courts and Judges › Section 211 - Court days.

Superseded 7/1/2024
78A-2-211.
Court days.
Courts of justice are open and judicial business may be transacted on any day, except as provided in Section 78A-2-212.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 2 - General Provisions Applicable to Courts and Judges › Section 211 - Court days.

Effective 7/1/2024
78A-2-211.
Court days.
All courts of this state are open and judicial business may be transacted on any day, except as provided in Section 78A-2-212.
Amended by Chapter 394, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 2 - General Provisions Applicable to Courts and Judges › Section 212 - Days on which court closed -- Exceptions.

Effective 5/8/2018
78A-2-212.
Days on which court closed -- Exceptions.
Judicial business on Sunday, on any day on which a regular general election is held, or on any legal holiday, is limited to the following purposes:
(1) to give, upon their request, instructions to a jury when deliberating on the jury's verdict;
(2) to receive a verdict or discharge a jury;
(3) for the exercise of the powers of a magistrate in a criminal action, or in a proceeding of a criminal nature; and
(4) judicial business not involving a trial or hearing unless the judge finds it necessary for the fair administration of justice.
Amended by Chapter 30, 2018 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 2 - General Provisions Applicable to Courts and Judges › Section 213 - Proceedings unaffected by vacancy in office of judge.

Superseded 7/1/2024
78A-2-213.
Proceedings unaffected by vacancy in office of judge.
No proceeding in any court of justice is affected by a vacancy in the office of all or any of the judges, or by the failure of a term of a judge.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 2 - General Provisions Applicable to Courts and Judges › Section 213 - Proceedings unaffected by vacancy in office of judge.

Effective 7/1/2024
78A-2-213.
Proceedings unaffected by vacancy in office of judge.
No proceeding in any court of this state is affected by a vacancy in the office of all or any of the judges or by the failure of a term of a judge.
Amended by Chapter 394, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 2 - General Provisions Applicable to Courts and Judges › Section 214 - Collection of accounts receivable.

Effective 7/1/2021
78A-2-214.
Collection of accounts receivable.
(1) As used in this section:
(a) "Accounts receivable" means any amount due the state from an entity for which payment has not been received by the state agency that is servicing the debt.
(b) "Accounts receivable" includes unpaid fees, licenses, taxes, loans, overpayments, fines, forfeitures, surcharges, costs, contracts, interest, penalties, restitution to victims, third party claims, sale of goods, sale of services, claims, and damages.
(2) If a defendant is sentenced before July 1, 2021, and the Department of Corrections, or the Office of State Debt Collection, is not responsible for collecting an accounts receivable for the defendant, the district court shall collect the accounts receivable for the defendant.
(3)
(a) In the juvenile court, money collected by the court from past-due accounts receivable may be used to offset system, administrative, legal, and other costs of collection.
(b) The juvenile court shall allocate money collected above the cost of collection on a pro rata basis to the various revenue types that generated the accounts receivable.
(4) The interest charge established by the Office of State Debt Collection under Subsection 63A-3-502(4)(g)(iii) may not be assessed on an account receivable subject to the postjudgment interest rate established by Section 15-1-4.
Amended by Chapter 260, 2021 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 2 - General Provisions Applicable to Courts and Judges › Section 215 - Abbreviations and numerals.

78A-2-215.
Abbreviations and numerals.
Common abbreviations may be used, and numbers may be expressed by customary figures or numerals in court documents.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 2 - General Provisions Applicable to Courts and Judges › Section 216 - Fees for writ of garnishment -- Single or continuing.

78A-2-216.
Fees for writ of garnishment -- Single or continuing.
(1) Any creditor who serves or causes to be served a writ of garnishment upon the garnishee shall pay to the garnishee:
(a) $10 for a single garnishment; and
(b) $25 for a continuing garnishment.
(2) The creditor shall pay the fee directly to the garnishee.
(3) If a plaintiff attempts to garnish the property of a person other than the defendant by serving a garnishment on a garnishee, that person may recover from the plaintiff an amount not to exceed $1,000 if the person demonstrates to the court that the plaintiff failed to exercise reasonable diligence in determining that the person and defendant were the same individual.
(4) The following factors may be taken into consideration by the court in determining whether the plaintiff exercised reasonable diligence in determining whether the person garnished and the defendant were the same individual:
(a) similarities between the person and the actual judgment debtor, including:
(i) the spelling of each person's name;
(ii) addresses;
(iii) physical descriptions;
(iv) identifying information, including Social Security number or driver license number; and
(v) family status;
(b) whether previous contact was made to determine whether the person was the judgment debtor;
(c) how the determination of who the judgment debtor was, was made; and
(d) what information the plaintiff had access to or was provided with regarding the actual judgment debtor from all available sources.
(5) An employer who receives a written request for verification of employment, which includes a copy of the judgment and judgment information statement, shall provide verification within 10 days. The response shall indicate whether or not the defendant identified in the documentation is a current employee.
(6) A plaintiff is not liable for a violation of Subsection (3) regarding a wage garnishment if the plaintiff transmitted a written request for verification of employment, including a copy of the judgment and judgment information statement, to an employer and the employer did not respond.
Renumbered and Amended by Chapter 3, 2008 General Session
Amended by Chapter 149, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 2 - General Provisions Applicable to Courts and Judges › Section 217 - Electronic writing.

78A-2-217.
Electronic writing.
(1) Except as restricted by the Constitution of the United States or of this state, any writing required or permitted by this code to be filed with or prepared by a court may be filed or prepared in an electronic medium and by electronic transmission subject to the ability of the recipient to accept and process the electronic writing.
(2) Any writing required to be signed that is filed with or prepared by a court in an electronic medium or by electronic transmission shall be signed by electronic signature in accordance with Title 46, Chapter 4, Uniform Electronic Transactions Act.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 2 - General Provisions Applicable to Courts and Judges › Section 218 - Powers of every judicial officer -- Contempt.

78A-2-218.
Powers of every judicial officer -- Contempt.
Every judicial officer has power:
(1) to preserve and enforce order in his immediate presence, and in proceedings before him, when he is engaged in the performance of official duty;
(2) to compel obedience to his lawful orders as provided by law;
(3) to compel the attendance of persons to testify in a proceeding before him in the cases and manner provided by law;
(4) to administer oaths to persons in a proceeding pending before him, and in all other cases where it may be necessary in the exercise of his powers and duties; and
(5) punish for contempt as provided by law to enforce compliance with Subsections (1) through (4).
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 2 - General Provisions Applicable to Courts and Judges › Section 219 - Powers of judge contradistinguished from court.

78A-2-219.
Powers of judge contradistinguished from court.
A judge may exercise out of court all the powers expressly conferred upon a judge as contradistinguished from the court.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 2 - General Provisions Applicable to Courts and Judges › Section 220 - Authority of magistrate.

Effective 11/16/2021
78A-2-220.
Authority of magistrate.
(1) Except as otherwise provided by law, a magistrate as defined in Section 77-1-3 shall have the authority to:
(a) commit a person to incarceration prior to trial;
(b) set or deny bail under Section 77-20-205 and release upon the payment of monetary bail, as defined in Section 77-20-102, and satisfaction of any other conditions of release;
(c) issue to any place in the state summonses and warrants of search and arrest and authorize administrative traffic checkpoints under Section 77-23-104;
(d) conduct an initial appearance;
(e) conduct arraignments;
(f) conduct a preliminary examination to determine probable cause;
(g) appoint attorneys and order recoupment of attorney fees;
(h) order the preparation of presentence investigations and reports;
(i) issue temporary orders as provided by rule of the Judicial Council; and
(j) perform any other act or function authorized by statute.
(2) A judge of the justice court may exercise the authority of a magistrate specified in Subsection (1) with the following limitations:
(a) a judge of the justice court may conduct an initial appearance, preliminary examination, or arraignment as provided by rule of the Judicial Council; and
(b) a judge of the justice court may not perform any act or function in a capital felony case.
Amended by Chapter 4, 2021 Special Session 2
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 2 - General Provisions Applicable to Courts and Judges › Section 221 - Justices and judges -- Limitations during terms.

78A-2-221.
Justices and judges -- Limitations during terms.
A justice or judge of any court of record may not, during his term of office:
(1) practice law or have a partner engaged in the practice of law;
(2) hold office in or make any contribution to any political party or organization engaged in political activity; or
(3) use, in his efforts to obtain or retain judicial office, any political party designation, reference, or description.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 2 - General Provisions Applicable to Courts and Judges › Section 222 - Disqualification for interest or relation to parties.

78A-2-222.
Disqualification for interest or relation to parties.
(1) Except by consent of all parties, a justice, judge, or justice court judge may not sit or act in any action or proceeding:
(a) to which he is a party, or in which he is interested;
(b) when he is related to either party by consanguinity or affinity within the third degree, computed according to the rules of the common law; or
(c) when he has been attorney or counsel for either party in the action or proceeding.
(2) The provisions of this section do not apply to the arrangement of the calendar or the regulation of the order of business, nor to the power of transferring the action or proceeding to some other court.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 2 - General Provisions Applicable to Courts and Judges › Section 223 - Decisions to be rendered within two months -- Procedures for decisions not rendered.

78A-2-223.
Decisions to be rendered within two months -- Procedures for decisions not rendered.
(1) A trial court judge shall decide all matters submitted for final determination within two months of submission, unless circumstances causing the delay are beyond the judge's personal control.
(2) The Judicial Council shall establish reporting procedures for all matters not decided within two months of final submission.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 2 - General Provisions Applicable to Courts and Judges › Section 224 - Bases for certain decisions limited.

78A-2-224.
Bases for certain decisions limited.
(1) Except as provided in Subsection (2), no court may rule on the custody, placement, including foster placement, or other disposition alternative for a minor, or the termination of parental rights, based on the fact that a parent or guardian of the minor lawfully does one or more of the following:
(a) legally possesses or uses a firearm or other weapon;
(b) espouses particular religious beliefs; or
(c) schools the minor or other minors outside the public education system or is otherwise sympathetic to schooling a minor outside the public education system.
(2) Subsection (1) does not prohibit a ruling based on the compatibility of a minor with a particular custody, placement, or other disposition alternative as determined by the presence of any of the factors in Subsections (1)(a) through (1)(c).
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 2 - General Provisions Applicable to Courts and Judges › Section 225 - Judge of court of record -- Service in other division or court.

78A-2-225.
Judge of court of record -- Service in other division or court.
A judge of a court of record may serve temporarily as a judge in another geographic division or in another court of record, in accordance with the Utah Constitution and the rules of the Judicial Council.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 2 - General Provisions Applicable to Courts and Judges › Section 226 - Repeated application for orders forbidden -- Disobedience -- Contempt.

78A-2-226.
Repeated application for orders forbidden -- Disobedience -- Contempt.
(1) If an application for an order, made to a judge of a court in which the action or proceeding is pending, is refused in whole or in part or is granted conditionally, a subsequent application for the same order may not be made to any other judge, except of a higher court.
(2) This section does not apply to motions refused for any informality in the papers or proceedings necessary to obtain the order, or to motions refused with liberty to renew them.
(3) A notice of appeal for a trial de novo is not a subsequent application for the same order.
(4) A violation of Subsection (1) may be punished by contempt and any subsequent order may be revoked by the issuing judge or vacated by a judge of the court in which the action or proceeding is pending.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 2 - General Provisions Applicable to Courts and Judges › Section 229 - Documents provided to pro se litigants.

78A-2-229.
Documents provided to pro se litigants.
(1) Documents classified as private, protected, or sealed by court rule and are provided to a pro se litigant in the course of an action or in accordance with Subsection 63G-2-202(7) may not be distributed, released, or displayed to any other person except the court, the other party and their counsel, or any other person who may be authorized by the court to inspect the documents.
(2) Pro se litigants shall be advised by the court that private, protected, or sealed documents received by the party that the party would not have received but for the litigation and pro se representation are confidential and may not be distributed outside the parties or the court without prior authorization by the court. A court's failure to give this notice may not be used as a defense to prosecution for a violation of the disclosure rule.
(3) Violation of this section is:
(a) punishable by contempt if distribution or release occurs before a final determination is made by the court and the court still has jurisdiction over the parties; or
(b) a class B misdemeanor if the litigation has been concluded and the court no longer has jurisdiction over the parties.
Enacted by Chapter 247, 2010 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 2 - General Provisions Applicable to Courts and Judges › Section 230 - References to court pleadings and other papers.

78A-2-230.
References to court pleadings and other papers.
Any reference in this code to a petition, complaint, or other court record shall be considered to include any cover sheet or accompanying document required by statute or court rule to be filed with the petition, complaint, or other record.
Enacted by Chapter 34, 2010 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 2 - General Provisions Applicable to Courts and Judges › Section 231 - Consideration of lawful use or possession of medical cannabis.

Effective 7/1/2023
78A-2-231.
Consideration of lawful use or possession of medical cannabis.
(1) As used in this section:
(a) "Cannabis product" means the same as that term is defined in Section 26B-4-201.
(b) "Directions of use" means the same as that term is defined in Section 26B-4-201.
(c) "Dosing guidelines" means the same as that term is defined in Section 26B-4-201.
(d) "Medical cannabis" means the same as that term is defined in Section 26B-4-201.
(e) "Medical cannabis card" means the same as that term is defined in Section 26B-4-201.
(f) "Medical cannabis device" means the same as that term is defined in Section 26B-4-201.
(g) "Recommending medical provider" means the same as that term is defined in Section 26B-4-201.
(2) In any judicial proceeding in which a judge, panel, jury, or court commissioner makes a finding, determination, or otherwise considers an individual's medical cannabis card, medical cannabis recommendation from a recommending medical provider, or possession or use of medical cannabis, a cannabis product, or a medical cannabis device, the judge, panel, jury, or court commissioner may not consider or treat the individual's card, recommendation, possession, or use any differently than the lawful possession or use of any prescribed controlled substance if:
(a) the individual's possession complies with Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies;
(b) the individual's possession or use complies with Subsection 58-37-3.7(2) or (3); or
(c)
(i) the individual's possession or use complies with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis; and
(ii) the individual reasonably complies with the directions of use and dosing guidelines determined by the individual's recommending medical provider or through a consultation described in Subsection 26B-4-230(5).
(3) Notwithstanding Sections 77-18-105 and 77-2a-3, for probation, release, a plea in abeyance agreement, a diversion agreement, or a tendered admission under Utah Rules of Juvenile Procedure, Rule 25, a term or condition may not require that an individual abstain from the use or possession of medical cannabis, a cannabis product, or a medical cannabis device, either directly or through a general prohibition on violating federal law, without an exception related to medical cannabis use, if the individual's use or possession complies with:
(a)Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis; or
(b) Subsection 58-37-3.7(2) or (3).
Amended by Chapter 273, 2023 General Session
Amended by Chapter 317, 2023 General Session
Amended by Chapter 330, 2023 General Session
Amended by Chapter 330, 2023 General Session, (Coordination Clause)
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 3 - Court Fees and Waivers › Section 301.1 - Civil fee for Business and Chancery Court.

Effective 7/1/2024
78A-2-301.1.
Civil fee for Business and Chancery Court.
(1) A party shall pay a fee of $500 at the time that the party files:
(a) a civil complaint or petition in the Business and Chancery Court; or
(b) a motion to transfer an action from the district court to the Business and Chancery Court.
(2) The fee described in Subsection (1) is in addition to any filing fee that a party must pay under Section 78A-2-301.
(3) All fees collected under this section are paid to the General Fund.
Enacted by Chapter 394, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 3 - Court Fees and Waivers › Section 301.5 - Civil fees for justice courts.

Effective 7/1/2023
78A-2-301.5.
Civil fees for justice courts.
(1) The fee for filing a small claims affidavit is:
(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.
(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.
(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.
(9) The fee schedule adopted by the Judicial Council for copies of documents and forms and for the search and retrieval of records under Title 63G, Chapter 2, Government Records Access and Management Act, shall apply.
(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.
Amended by Chapter 384, 2022 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 3 - Court Fees and Waivers › Section 302 - Indigent litigants -- Affidavit.

Effective 5/3/2023
78A-2-302.
Indigent litigants -- Affidavit.
(1) As used in Sections 78A-2-302 through 78A-2-309:
(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.
(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.
(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.
(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;
(d) business interests;
(e) accounts receivable;
(f) securities, checking and savings account balances;
(g) debts; and
(h) monthly expenses.
(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
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 3 - Court Fees and Waivers › Section 303 - False affidavit -- Penalty.

Effective 5/4/2022
78A-2-303.
False affidavit -- Penalty.
(1) An individual may assert by affidavit that an affidavit of indigency under Section 78A-2-302, action, or appeal is:
(a) false;
(b) frivolous or without merit; or
(c) malicious.
(2) Upon receipt of an affidavit in accordance with Subsection (1), the court may notify the affiant of the challenge and set a date, not less than five days from receipt of the notice, requiring the affiant to appear and show cause why the affiant should not be required to:
(a) post a bond for the costs of the action or appeal; or
(b) pay the legal fees for the action or appeal.
(3) The court may dismiss the action or appeal if:
(a) the affiant does not appear;
(b) the affiant appears and the court determines the affidavit is false, frivolous, without merit, or malicious; or
(c) the court orders the affiant to post a bond or pay the legal fees and the affiant fails to do so.
Amended by Chapter 272, 2022 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 3 - Court Fees and Waivers › Section 304 - Effect of filing affidavit -- Nonprisoner.

Effective 5/4/2022
78A-2-304.
Effect of filing affidavit -- Nonprisoner.
(1)
(a) Upon the filing of an affidavit of indigency under Section 78A-2-302 by a nonprisoner, the court shall review the affidavit and make an independent determination based on the information provided whether court costs and fees should be waived entirely or in part.
(b) Notwithstanding the party's statement of inability to pay court costs, the court shall require a partial or full filing fee where the financial information provided demonstrates an ability to pay a fee.
(2)
(a) In instances where fees or costs are completely waived, the court shall immediately file any complaint or papers on appeal and do what is necessary or proper as promptly as if the litigant had fully paid all the regular fees.
(b) The constable or sheriff shall immediately serve any summonses, writs, process and subpoenas, and papers necessary or proper in the prosecution or defense of the cause, for the indigent individual as if all the necessary fees and costs had been fully paid.
(3)
(a) In cases where an affidavit of indigency under Section 78A-2-302 is filed, the court shall question the individual who filed the affidavit at the time of hearing the cause as to the individual's ability to pay.
(b) If the court opines that the individual is reasonably able to pay the costs, the court shall direct the judgment or decree not be entered in favor of that individual until the costs are paid.
(c) The order may be cancelled later upon petition if the facts warrant cancellation.
Amended by Chapter 272, 2022 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 3 - Court Fees and Waivers › Section 306 - Notice of filing fee -- Consequence of nonpayment.

Effective 5/4/2022
78A-2-306.
Notice of filing fee -- Consequence of nonpayment.
(1) When an affidavit of indigency under Section 78A-2-302 has been filed and the court assesses an initial filing fee, the court shall immediately notify the litigant in writing of:
(a) the initial filing fee required as a prerequisite to proceeding with the action;
(b) the procedure available to challenge the initial filing fee assessment as provided in Section 78A-2-307; and
(c) the prisoner's ongoing obligation to make monthly payments until the entire filing fee is paid.
(2) The court may not authorize service of process or otherwise proceed with the action, except as provided in Section 78A-2-307, until the initial filing fee has been completely paid to the clerk of the court.
Amended by Chapter 272, 2022 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 3 - Court Fees and Waivers › Section 307 - Filing fee challenge -- Court powers.

78A-2-307.
Filing fee challenge -- Court powers.
(1) Within 10 days of receiving court notice requiring an initial filing fee under Section 78A-2-306, the litigant may contest the fee assessment by filing a memorandum and supporting documentation with the court demonstrating inability to pay the fee.
(2) The court shall review the memorandum and supporting documents challenging the fee assessment for facial validity.
(3) The court may reduce the initial filing fee, authorize service of process, or otherwise proceed with the action without prepayment of costs and fees if the memorandum shows the litigant:
(a) has lost his source of income;
(b) has unaccounted nondiscretionary expenses limiting his ability to pay;
(c) will suffer immediate irreparable harm if the action is unnecessarily delayed; or
(d) will otherwise lose the cause of action by unnecessary delays associated with securing funds necessary to satisfy the assessed filing fee.
(4) Nothing in this section shall be construed to relieve the litigant from the ongoing obligation of monthly payments until the filing fee is paid in full.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 3 - Court Fees and Waivers › Section 308 - Failure to serve papers -- Penalty.

78A-2-308.
Failure to serve papers -- Penalty.
Any justice court judge, clerk, or officer refusing to file or serve the papers is guilty of a class B misdemeanor.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 3 - Court Fees and Waivers › Section 309 - Liability for fees if successful in litigation.

Effective 5/4/2022
78A-2-309.
Liability for fees if successful in litigation.
(1) Nothing in this part shall prevent a justice court judge, clerk, constable, or sheriff from collecting regular fees for all services rendered for the indigent individual, in the event the indigent individual is successful in litigation.
(2) All fees and costs shall be regularly taxed and included in any judgment recovered by the indigent individual.
(3) The fees and costs shall be paid to a justice court judge, clerk, constable, or sheriff.
(4) If the indigent individual fails in the action or appeal, the costs of the action or appeal may be adjudged against the indigent individual.
Amended by Chapter 272, 2022 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 3 - Court Fees and Waivers › Section 310 - Report by Judicial Council on court fees.

Effective 5/3/2023
78A-2-310.
Report by Judicial Council on court fees.
(1) As used in this section:
(a) "Cost" means the direct and indirect costs and expenses for providing the good or service for which a fee is charged, including:
(i) salaries, benefits, contracted labor costs, travel expenses, training expenses, equipment and material costs, depreciation expenses, utility costs, and other overhead costs; and
(ii) costs and expenses for administering the fee.
(b)
(i) "Judiciary" means the Judicial Council, the Supreme Court, the Court of Appeals, a district court, or a juvenile court.
(ii) "Judiciary" includes any board, committee, or staff office of the Judicial Council, the Supreme Court, the Court of Appeals, a district court, or a juvenile court.
(2) Before November 30 of each year, the Judicial Council shall submit a report to the Infrastructure and General Government Appropriations Subcommittee of the Legislature that:
(a) includes details on:
(i) the types of fees charged and collected by the Judiciary;
(ii) the methods used to determine the amount of each fee charged and collected by the Judiciary;
(iii) the Judiciary's estimated cost related to each fee;
(iv) whether each fee is intended to cover the Judiciary's cost related to the fee; and
(v) the number of fee waivers granted by the Judiciary for each type of fee charged and collected by the Judiciary; and
(b) include any recommendations regarding fees charged and collected by the Judiciary.
(3) If the Judicial Council recommends that the Legislature create a fee or modify an existing fee under Subsection (2)(b), the Judicial Council shall include the following information with the recommendation:
(a) the title or purpose of the fee;
(b) the present amount of the fee;
(c) the proposed amount of the fee;
(d) the percent that the fee will have increased or decreased if the Legislature approves the modification of the fee;
(e) the estimated total annual revenue and total estimated annual revenue change that will result from the creation or modification of the fee;
(f) the account or fund into which the fee will be deposited;
(g) the reason for the creating or modifying the fee;
(h) the estimated number of persons to be charged the fee;
(i) the Judiciary's estimated cost related to the fee; and
(j) whether the fee is intended to cover the Judiciary's cost related to the fee.
Enacted by Chapter 428, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 4 - Court Reporter Act › Section 402 - Definitions.

Effective 5/12/2020
78A-2-402.
Definitions.
As used in this part:
(1) "Certified court reporter" means a state certified court reporter as described in Title 58, Chapter 74, State Certification of Court Reporters Act.
(2) "Official court transcriber" means a person certified and authorized in accordance with rules of the Judicial Council to transcribe into written form an audio or video recording of court proceedings.
Amended by Chapter 376, 2020 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 4 - Court Reporter Act › Section 403 - Appointment of court reporters -- Eligibility.

Effective 5/14/2019
78A-2-403.
Appointment of court reporters -- Eligibility.
A person may not be appointed to the position of court reporter nor act in the capacity of a court reporter in any court of record of this state, or before any referee, master, board, or commission of this state unless the person is a state certified court reporter in accordance with the provisions of Title 58, Chapter 74, State Certification of Court Reporters Act.
Amended by Chapter 379, 2019 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 4 - Court Reporter Act › Section 404 - Contract restrictions.

Effective 5/12/2020
78A-2-404.
Contract restrictions.
(1)
(a) Any contract for court reporting services, not related to a particular case or reporting incident, is prohibited between a court reporter or any other person with whom a court reporter has a principal and agency relationship and any attorney, party to an action, or party having a financial interest in an action.
(b) Negotiating or bidding reasonable fees, equal to all the parties, on a case-by-case basis is not prohibited.
(2) A certified court reporter is an officer of the court, authorized to administer oaths, whose impartiality shall remain beyond question.
(3) This section does not apply to the courts or the administrative tribunals of this state.
(4) Violation of this section shall be considered unprofessional conduct as provided in Section 58-74-102 and 58-74-502, and shall be grounds for revocation of state certification only.
Amended by Chapter 376, 2020 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 4 - Court Reporter Act › Section 405 - Record of court proceedings.

78A-2-405.
Record of court proceedings.
The Judicial Council shall by rule provide for the means of maintaining the record of proceedings in the courts of record by official court reporters or by electronic recording devices.
Amended by Chapter 34, 2010 General Session