Title 78A, Judiciary and Judicial Administration

78A-2-302. Waiver of fees, costs, and security -- 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 …

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 Subsecti…

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…

78A-2-305. Effect of filing affidavit -- Procedure for review and collection. (1)(a) Upon receipt of an affidavit of indigency under Section 78A-2-302 filed with any Utah court by a prisoner, the court shall immediately request the institution or facility where the prisoner is in…

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…

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 inab…

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.

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 succes…

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, …

78A-2-401. Title. This part is known as the "Court Reporter Act."

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 accord…

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…

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 attorn…

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.

78A-2-408. Transcripts and copies -- Fees. (1) The Judicial Council shall by rule provide for a standard page format for transcripts of court proceedings. (2)(a) Except as provided in Subsections (2)(c), (2)(e), and (2)(g), the base rate for a transcript of a court session, or an…

78A-2-409. Certified transcripts prima facie correct. A transcript of a certified court reporter's notes, written in longhand or typewritten, certified by the court reporter as being a correct transcript of evidence and proceedings, is prima facie a correct statement of the evide…

78A-2-410. Transcripts taxed as costs. A transcript may not be taxed as costs, unless the preparation of the transcript is ordered either by a party or by the court.

78A-2-411. Crimes. Any violation of the provisions of this chapter, except Section 78A-2-404, is a class B misdemeanor.

78A-2-501. Definitions -- Online Court Assistance Program -- Purpose of program -- Online Court Assistance Account -- User's fee -- Use of fund. (1) As used in this part: (a) "Account" means the Online Court Assistance Account created in this section. (b) "Program" means the Onli…

78A-2-601. Security surcharge -- Application and exemptions -- Deposit in restricted account. (1) In addition to any fine, penalty, forfeiture, or other surcharge, a security surcharge of $53 shall be assessed in all courts of record on all criminal convictions and juvenile delin…

78A-2-602. Court Security Account -- Creation -- Funding -- Uses. (1) There is created a restricted account in the General Fund known as the "Court Security Account." (2) The state treasurer shall deposit in the Court Security Account money from: (a) the surcharge established in …

78A-2-701. Title. This part is known as the "District Court Guardian ad Litem Act."

78A-2-702. Definitions. (1) As used in this part: (a) "Attorney guardian ad litem" means an attorney employed by the office. (b) "Director" means the director of the office. (c) "Expressed interest" means the same as that term is defined in Section 80-1-102. (d) "Guardian ad lite…

78A-2-703. Appointment of attorney guardian ad litem in district court matters. (1) A district court may appoint an attorney guardian ad litem to represent the best interests of a minor in the following district court matters: (a) protective order proceedings; and (b) district co…

78A-2-704. Public policy regarding attorney guardian ad litem -- Training. (1) An attorney guardian ad litem may not presume that a child and the child's parent are adversaries. (2) An attorney guardian ad litem shall be trained on and implement into practice: (a) the parental ri…

78A-2-705. Private attorney guardian ad litem -- Appointment -- Costs and fees -- Duties -- Conflicts of interest -- Pro bono obligation -- Indemnification -- Minimum qualifications. (1) The court may appoint an attorney as a private attorney guardian ad litem to represent the be…

78A-2-801. Definitions. (1) As used in this part: (a) "Abuse, neglect, or dependency petition" means the same as that term is defined in Section 80-3-102. (b) "Attorney guardian ad litem" means an attorney employed by the office. (c) "Director" means the director of the office. (…

78A-2-802. Office of Guardian ad Litem -- Appointment of director -- Duties of director -- Contracts in second, third, and fourth districts. (1) There is created the Office of Guardian ad Litem under the direct supervision of the Guardian ad Litem Oversight Committee described in…

78A-2-803. Appointment of attorney guardian ad litem -- Duties and responsibilities -- Training -- Trained staff and court-appointed special advocate volunteers -- Costs -- Immunity -- Annual report. (1)(a) The court: (i) may appoint an attorney guardian ad litem to represent a m…