Utah Code 78A-2-303. False affidavit — Penalty
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(1) An individual may assert by affidavit that an affidavit of indigency under Section 78A-2-302, action, or appeal is:
Terms Used In Utah Code 78A-2-303
- 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.
(1)(a) false;
(1)(b) frivolous or without merit; or
(1)(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:
(2)(a) post a bond for the costs of the action or appeal; or
(2)(b) pay the legal fees for the action or appeal.
(3) The court may dismiss the action or appeal if:
(3)(a) the affiant does not appear;
(3)(b) the affiant appears and the court determines the affidavit is false, frivolous, without merit, or malicious; or
(3)(c) the court orders the affiant to post a bond or pay the legal fees and the affiant fails to do so.