Title 78A, Title 78A: Judiciary and Judicial Administration

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.

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 …

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 Subsectionmay not be distributed, released, or displayed to any other …

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…

78A-2-231. Consideration of lawful use or possession of medical cannabis. (1) As used in this section: "Cannabis product" means the same as that term is defined in Section. 26B-4-201 "Directions of use" means the same as that term is defined in Section. 26B-4-201 "Dosing guidelin…

78A-2-232. Child abuse and domestic abuse education and training for judges, court commissioners, and court personnel. (1) As used in this section: "Advocacy services provider" means the same as that term is defined in Section. 77-38-403 "Child custody proceeding" means a civil p…

78A-2-233. Posting certain information on a court website. (1) As used in this section: "Court website" means a government website operated by or on behalf of any court created in Title 78A, Chapter 1, Judiciary. "Government website" means the same as that term is defined in Sect…

78A-2-301. Civil fees of the courts of record -- Courts complex design. (1) The fee for filing any civil complaint or petition invoking the jurisdiction of a court of record not governed by another subsection is $375. The fee for filing a complaint or petition is: $105 if the cla…

78A-2-301. Civil fees of the courts of record -- Courts complex design. (1) The fee for filing any civil complaint or petition invoking the jurisdiction of a court of record not governed by another subsection is $375. The fee for filing a complaint or petition is: $105 if the cla…

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 civil complaint or petition in the Business and Chancery Court; or a motion to transfer an action from the district court to the Business and Chancery C…

78A-2-301.5. Civil fees for justice courts. (1) The fee for filing a small claims affidavit is: $60 if the claim for damages or amount in interpleader exclusive of justice court costs, interest, and attorney fees is $2,000 or less; $100 if the claim for damages or amount in inter…

78A-2-301.5. Civil fees for justice courts. (1) The fee for filing a small claims affidavit is: $60 if the claim for damages or amount in interpleader exclusive of justice court costs, interest, and attorney fees is $2,000 or less; $100 if the claim for damages or amount in inter…

78A-2-301.7. Fees for court records. (1) As used in this section, "court record website" means the website for court records described in Section. 78A-1-204 (2) The Judicial Council shall, by rule and in accordance with Sectionand Subsection, establish a schedule of fees for copi…

78A-2-302. Waiver of fees, costs, and security -- Indigent litigants -- Affidavit. (1) As used in Sectionsthrough: 78A-2-302 78A-2-309 "Convicted" means: a conviction by entry of a plea of guilty or nolo contendere, guilty with a mental condition, no contest; and a conviction of …

78A-2-303. False affidavit -- Penalty. (1) An individual may assert by affidavit that an affidavit of indigency under Section, action, or appeal is: 78A-2-302 false; frivolous or without merit; or malicious. (2) Upon receipt of an affidavit in accordance with Subsection, the cour…

78A-2-304. Effect of filing affidavit -- Nonprisoner. (1) Upon the filing of an affidavit of indigency under Sectionby a nonprisoner, the court shall review the affidavit and make an independent determination based on the information provided whether court costs and fees should b…

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

78A-2-306. Notice of filing fee -- Consequence of nonpayment. (1) When an affidavit of indigency under Sectionhas been filed and the court assesses an initial filing fee, the court shall immediately notify the litigant in writing of: 78A-2-302 the initial filing fee required as a…

78A-2-307. Filing fee challenge -- Court powers. (1) Within 10 days of receiving court notice requiring an initial filing fee under Section, the litigant may contest the fee assessment by filing a memorandum and supporting documentation with the court demonstrating inability to p…

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: "Cost" means the direct and indirect costs and expenses for providing the good or service for which a fee is charged, including: salaries, benefits, contracted labor costs, travel expenses, training…

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) 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,…

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) Except as provided in Subsections (2)(c), (2)(e), and (2)(g), the base rate for a transcript of a court session, or any p…

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, 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: "Account" means the Online Court Assistance Account created in this section. "Program" means the Online Court…

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: the surcharge established in Sect…

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: "Attorney guardian ad litem" means an attorney employed by the office. "Director" means the director of the office. "Expressed interest" means the same as that term is defined in Section. 80-1-102 "Guardian ad litem" means an atto…

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: protective order proceedings; and district court acti…

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: the parental rights…

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: "Abuse, neglect, or dependency petition" means the same as that term is defined in Section. 80-3-102 "Attorney guardian ad litem" means an attorney employed by the office. "Director" means the director of the office. "Division" me…

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) The court: may appoint an attorney guardian ad litem to represent a minor in…

78A-3-101. Number of justices -- Terms -- Chief justice and associate chief justice -- Selection and functions. (1) The Supreme Court consists of seven justices. (2) A justice of the Supreme Court is appointed initially to serve until the first general election held more than thr…

78A-3-102. Jurisdiction of Supreme Court. (1) The Supreme Court has original jurisdiction to answer questions of state law certified by a court of the United States. (2) The Supreme Court has original jurisdiction to issue all extraordinary writs and authority to issue all writs …

78A-3-103. Supreme Court -- Rulemaking, judges pro tempore, and practice of law. (1) The Supreme Court shall adopt rules of procedure and evidence for use in the courts of the state and shall by rule manage the appellate process. The Legislature may amend the rules of procedure a…

78A-3-104. Appellate court administrator. The appellate court administrator shall appoint clerks and support staff as necessary for the operation of the Supreme Court and the Court of Appeals. The duties of the clerks and support staff shall be established by the appellate court …