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Utah Code Title 78A. Judiciary and Judicial Administration § 78A-2-303. False affidavit--Penalty

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Utah Code Title 78A. Judiciary and Judicial Administration § 78A-2-303. False affidavit--Penalty - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-78a-judiciary-and-judicial-administration/ut-code-sect-78a-2-303/

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