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Utah · Through 2026 General Session

Utah Code § 78A-2-303: False affidavit -- Penalty.

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Where this section sits in the code
  1. Title 78A Judiciary and Judicial Administration
  2. Chapter 78A-2 Judicial Administration
  3. Part 78A-2-3 Court Fees and Waivers

(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 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:

(a) post a bond for the costs of the action or appeal; or

(b) pay the legal fees for the action or appeal.

(3) The court may dismiss the action or appeal if:

(a) the affiant does not appear;

(b) the affiant appears and the court determines the affidavit is false, frivolous, without merit, or malicious; or

(c) the court orders the affiant to post a bond or pay the legal fees and the affiant fails to do so.

Collected 2026-09-03T11:34:34Z. Source file · JSON

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