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Terms Used In Utah Code 78A-2-301 v2

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • 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.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Council: means the Judicial Council. See Utah Code 78A-2-103
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Judicial Council: means the Judicial Council established by Utah Constitution, Article VIII, Section 12. See Utah Code 78A-2-103
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Probate: Proving a will
  • Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
         (34)(a) sex and reproductive organ anatomy;
         (34)(b) chromosomal makeup; and
         (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
  • 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
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
     (1)(a) The fee for filing any civil complaint or petition invoking the jurisdiction of a court of record not governed by another subsection is $375.
     (1)(b) The fee for filing a complaint or petition is:

          (1)(b)(i) $90 if the claim for damages or amount in interpleader exclusive of court costs, interest, and attorney fees is $2,000 or less;
          (1)(b)(ii) $200 if the claim for damages or amount in interpleader exclusive of court costs, interest, and attorney fees is greater than $2,000 and less than $10,000;
          (1)(b)(iii) $375 if the claim for damages or amount in interpleader is $10,000 or more;
          (1)(b)(iv) except as provided in Subsection (1)(b)(v), $325 if the petition is filed for an action described in Title 81, Chapter 4, Dissolution of Marriage;
          (1)(b)(v) $35 for a petition for temporary separation described in Section 81-4-104;
          (1)(b)(vi) $125 if the petition is for removal from the The Sex, Kidnap, and Child Abuse Offender Registry under Section 77-41-112; and
          (1)(b)(vii) $35 if the petition is for guardianship and the prospective ward is the biological or adoptive child of the petitioner.
     (1)(c) The fee for filing a small claims affidavit is:

          (1)(c)(i) $60 if the claim for damages or amount in interpleader exclusive of court costs, interest, and attorney fees is $2,000 or less;
          (1)(c)(ii) $100 if the claim for damages or amount in interpleader exclusive of court costs, interest, and attorney fees is greater than $2,000, but less than $7,500; and
          (1)(c)(iii) $185 if the claim for damages or amount in interpleader exclusive of court costs, interest, and attorney fees is $7,500 or more.
     (1)(d) The fee for filing a counter claim, cross claim, complaint in intervention, third party complaint, or other claim for relief against an existing or joined party other than the original complaint or petition is:

          (1)(d)(i) $55 if the claim for relief exclusive of court costs, interest, and attorney fees is $2,000 or less;
          (1)(d)(ii) $165 if the claim for relief exclusive of court costs, interest, and attorney fees is greater than $2,000 and less than $10,000;
          (1)(d)(iii) $170 if the original petition is filed under Subsection (1)(a), the claim for relief is $10,000 or more, or the party seeks relief other than monetary damages; and
          (1)(d)(iv) $130 if the original petition is filed for an action described in Title 81, Chapter 4, Dissolution of Marriage.
     (1)(e) The fee for filing a small claims counter affidavit is:

          (1)(e)(i) $50 if the claim for relief exclusive of court costs, interest, and attorney fees is $2,000 or less;
          (1)(e)(ii) $70 if the claim for relief exclusive of court costs, interest, and attorney fees is greater than $2,000, but less than $7,500; and
          (1)(e)(iii) $120 if the claim for relief exclusive of court costs, interest, and attorney fees is $7,500 or more.
     (1)(f) The fee for depositing funds under Section 57-1-29 when not associated with an action already before the court is determined under Subsection (1)(b) based on the amount deposited.
     (1)(g) The fee for filing a petition is:

          (1)(g)(i) $240 for trial de novo of an adjudication of the justice court or of the small claims department; and
          (1)(g)(ii) $80 for an appeal of a municipal administrative determination in accordance with Section 10-3-703.7.
     (1)(h) The fee for filing a notice of appeal, petition for appeal of an interlocutory order, or petition for writ of certiorari is $240.
     (1)(i) The fee for filing a petition for expungement is $150.
     (1)(j)

          (1)(j)(i) Fifteen dollars of the fees established by Subsections (1)(a) through (i) shall be allocated to and between the Judges’ Contributory Retirement Trust Fund and the Judges’ Noncontributory Retirement Trust Fund, as provided in Title 49, Chapter 17, Judges’ Contributory Retirement Act, and Title 49, Chapter 18, Judges’ Noncontributory Retirement Act.
          (1)(j)(ii) Four dollars of the fees established by Subsections (1)(a) through (i) shall be allocated by the state treasurer to be deposited into the restricted account, Children’s Legal Defense Account, as provided in Section 51-9-408.
          (1)(j)(iii) Five dollars of the fees established under Subsections (1)(a) through (e), (1)(g), and (1)(s) shall be allocated to and deposited with the Dispute Resolution Account as provided in Section 78B-6-209.
          (1)(j)(iv) Thirty dollars of the fees established by Subsections (1)(a), (1)(b)(iii) and (iv), (1)(d)(iii) and (iv), (1)(g)(ii), (1)(h), and (1)(i) shall be allocated by the state treasurer to be deposited into the restricted account, Court Security Account, as provided in Section 78A-2-602.
          (1)(j)(v) Twenty dollars of the fees established by Subsections (1)(b)(i) and (ii), (1)(d)(ii) and (1)(g)(i) shall be allocated by the state treasurer to be deposited into the restricted account, Court Security Account, as provided in Section 78A-2-602.
     (1)(k) The fee for filing a judgment, order, or decree of a court of another state or of the United States is $35.
     (1)(l) The fee for filing a renewal of judgment in accordance with Section 78B-6-1801 is 50% of the fee for filing an original action seeking the same relief.
     (1)(m) The fee for filing probate or child custody documents from another state is $35.
     (1)(n)

          (1)(n)(i) The fee for filing an abstract or transcript of judgment, order, or decree of the State Tax Commission is $30.
          (1)(n)(ii) The fee for filing an abstract or transcript of judgment of a court of law of this state or a judgment, order, or decree of an administrative agency, commission, board, council, or hearing officer of this state or of its political subdivisions other than the State Tax Commission, is $50.
     (1)(o) The fee for filing a judgment by confession without action under Section 78B-5-205 is $35.
     (1)(p) The fee for filing an award of arbitration for confirmation, modification, or vacation under Title 78B, Chapter 11, Utah Uniform Arbitration Act, that is not part of an action before the court is $35.
     (1)(q) The fee for filing a petition or counter-petition to modify a domestic relations order other than a protective order or stalking injunction is $100.
     (1)(r) The fee for filing any accounting required by law is:

          (1)(r)(i) $15 for an estate valued at $50,000 or less;
          (1)(r)(ii) $30 for an estate valued at $75,000 or less but more than $50,000;
          (1)(r)(iii) $50 for an estate valued at $112,000 or less but more than $75,000;
          (1)(r)(iv) $90 for an estate valued at $168,000 or less but more than $112,000; and
          (1)(r)(v) $175 for an estate valued at more than $168,000.
     (1)(s) The fee for filing a demand for a civil jury is $250.
     (1)(t) The fee for filing a notice of deposition in this state concerning an action pending in another state under Utah Rules of Civil Procedure, Rule 30 is $35.
     (1)(u) The fee for filing documents that require judicial approval but are not part of an action before the court is $35.
     (1)(v) The fee for a petition to open a sealed record is $35.
     (1)(w) The fee for a writ of replevin, attachment, execution, or garnishment is $50 in addition to any fee for a complaint or petition.
     (1)(x)

          (1)(x)(i) The fee for a petition for authorization for a minor to marry required by Section 81-2-304 is $5.
          (1)(x)(ii) The fee for a petition for emancipation of a minor provided in Title 80, Chapter 7, Emancipation, is $50.
     (1)(y) The fee for a certificate issued under Section 26B-8-128 is $8.
     (1)(z) The fee for a certified copy of a document is $4 per document plus 50 cents per page.
     (1)(aa) The fee for an exemplified copy of a document is $6 per document plus 50 cents per page.
     (1)(bb) The Judicial Council shall, by rule, establish a schedule of fees 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. Fees under Subsection (1)(bb) and (cc) shall be credited to the court as a reimbursement of expenditures.
     (1)(cc) The Judicial Council may, by rule, establish a reasonable fee to allow members of the public to conduct a limited amount of searches on the Xchange database without having to pay a monthly subscription fee.
     (1)(dd) There is no fee for services or the filing of documents not listed in this section or otherwise provided by law.
     (1)(ee) Except as provided in this section, all fees collected under this section are paid to the General Fund. Except as provided in this section, all fees shall be paid at the time the clerk accepts the pleading for filing or performs the requested service.
     (1)(ff) The filing fees under this section may not be charged to the state, the state’s 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 (1)(ff) shall be applied to the fees after credit to the judgment, order, fine, tax, lien, or other penalty and costs permitted by law.
(2)

     (2)(a)

          (2)(a)(i) From March 17, 1994, until June 30, 1998, the state court administrator shall transfer all revenues representing the difference between the fees in effect after May 2, 1994, and the fees in effect before February 1, 1994, as dedicated credits to the Division of Facilities Construction and Management Capital Projects Fund.
          (2)(a)(ii)

               (2)(a)(ii)(A) Except as provided in Subsection (2)(a)(ii)(B), the Division of Facilities Construction and Management shall use up to $3,750,000 of the revenue deposited into the Capital Projects Fund under this Subsection (2)(a) to design and take other actions necessary to initiate the development of a courts complex in Salt Lake City.
               (2)(a)(ii)(B) If the Legislature approves funding for construction of a courts complex in Salt Lake City in the 1995 Annual General Session, the Division of Facilities Construction and Management shall use the revenue deposited into the Capital Projects Fund under this Subsection (2)(a)(ii) to construct a courts complex in Salt Lake City.
               (2)(a)(ii)(C) After the courts complex is completed and all bills connected with its construction have been paid, the Division of Facilities Construction and Management shall use any money remaining in the Capital Projects Fund under this Subsection (2)(a)(ii) to fund the Vernal District Court building.
          (2)(a)(iii) The Division of Facilities Construction and Management may enter into agreements and make expenditures related to this project before the receipt of revenues provided for under this Subsection (2)(a)(iii).
          (2)(a)(iv) The Division of Facilities Construction and Management shall:

               (2)(a)(iv)(A) make those expenditures from unexpended and unencumbered building funds already appropriated to the Capital Projects Fund; and
               (2)(a)(iv)(B) reimburse the Capital Projects Fund upon receipt of the revenues provided for under this Subsection (2).
     (2)(b) After June 30, 1998, the state court administrator shall ensure that all revenues representing the difference between the fees in effect after May 2, 1994, and the fees in effect before February 1, 1994, are transferred to the Division of Finance for deposit in the restricted account.
     (2)(c) The Division of Finance shall deposit all revenues received from the state court administrator into the restricted account created by this section.
     (2)(d)

          (2)(d)(i) From May 1, 1995, until June 30, 1998, the state court administrator shall transfer $7 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor Vehicles, in a court of record to the Division of Facilities Construction and Management Capital Projects Fund. The division of money pursuant to Section 78A-5-110 shall be calculated on the balance of the fine or bail forfeiture paid.
          (2)(d)(ii) After June 30, 1998, the state court administrator or a municipality shall transfer $7 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor Vehicles, in a court of record to the Division of Finance for deposit in the restricted account created by this section. The division of money pursuant to Section 78A-5-110 shall be calculated on the balance of the fine or bail forfeiture paid.
(3)

     (3)(a) There is created within the General Fund a restricted account known as the State Courts Complex Account.
     (3)(b) The Legislature may appropriate money from the restricted account to the state court administrator for the following purposes only:

          (3)(b)(i) to repay costs associated with the construction of the court complex that were funded from sources other than revenues provided for under this Subsection (3)(b)(i); and
          (3)(b)(ii) to cover operations and maintenance costs on the court complex.
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