78A-2-307. Filing fee challenge -- Court powers.
(1) Within ten 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 inability to pay the fee.
(2) The court shall review the memorandum and supporting documents challenging the
fee assessment for facial validity.
(3) The court may reduce the initial filing fee, authorize service of process, or otherwise
proceed with the action without prepayment of costs and fees if the memorandum shows the
litigant:
(a) has lost his source of income;
(b) has unaccounted nondiscretionary expenses limiting his ability to pay;
(c) will suffer immediate irreparable harm if the action is unnecessarily delayed; or
(d) will otherwise lose the cause of action by unnecessary delays associated with securing
funds necessary to satisfy the assessed filing fee.
(4) Nothing in this section shall be construed to relieve the litigant from the ongoing
obligation of monthly payments until the filing fee is paid in full.
Renumbered and Amended by Chapter 3, 2008 General Session
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Last revised: Thursday, May 28, 2009