Utah Code 78A-2-306. Notice of filing fee — Consequence of nonpayment
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(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:
Terms Used In Utah Code 78A-2-306
- 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.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Service of process: The service of writs or summonses to the appropriate party.
- Writing: includes :(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) the initial filing fee required as a prerequisite to proceeding with the action;(1)(b) the procedure available to challenge the initial filing fee assessment as provided in Section 78A-2-307; and(1)(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.