Second Substitute S.B. 176

Senator Stephen H. Urquhart proposes the following substitute bill:

1 CIVIL FEES IN SMALL CLAIMS COURTS
2 AMENDMENTS
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Jon J. Greiner
6 House Sponsor: Brad L. Dee
7
8 LONG TITLE
9 General Description:
10 This bill increases the small claims court's jurisdictional amounts and filing fees.
11 Highlighted Provisions:
12 This bill:
13 . increases the jurisdictional amount for small claims court to $12,500;
14 . increases the filing fee for a small claims affidavit from $45 to $90 if the claim,
15 exclusive of court costs, interest, and attorney fees is $2,000 or less;
16 . increases the filing fee for a small claims affidavit from $70 to $140 if the claim,
17 exclusive of court costs, interest, and attorney fees is between $2,000 and $7,500;
18 . establishes the filing fee for a small claims affidavit at $185 if the claim is between
19 $7,500 and $10,000;
20 . establishes the filing fee for a small claims affidavit at $300 if the claim is between
21 $10,000 and $12,500;
22 . increases the filling fee for a small claims counter affidavit from $35 to $70 if the
23 claim, exclusive of court costs, interest, and attorney fees is $2,000 or less;
24 . increases the filing fee for a small claims counter affidavit from $50 to $100 if the
25 claim, exclusive of court costs, interest, and attorney fees is between $2,000 and

26 $7,500;
27 . establishes the filing fee for a small claims counter affidavit at $150 if the claim,
28 exclusive of court costs, interest, and attorney fees is between $7,500 and $10,000;
29 and
30 . establishes the filing fee for a small claims counter affidavit at $250 if the claim,
31 exclusive of court costs, interest, and attorney fees is between $10,000 and $12,500.
32 Monies Appropriated in this Bill:
33 None
34 Other Special Clauses:
35 None
36 Utah Code Sections Affected:
37 AMENDS:
38 78A-2-301, as renumbered and amended by Laws of Utah 2008, Chapter 3
39 78A-8-102, as renumbered and amended by Laws of Utah 2008, Chapter 3
40
41 Be it enacted by the Legislature of the state of Utah:
42 Section 1. Section 78A-2-301 is amended to read:
43 78A-2-301. Civil fees of the courts of record -- Courts complex design.
44 (1) (a) The fee for filing any civil complaint or petition invoking the jurisdiction of a
45 court of record not governed by another subsection is $155.
46 (b) The fee for filing a complaint or petition is:
47 (i) $50 if the claim for damages or amount in interpleader exclusive of court costs,
48 interest, and attorney fees is $2,000 or less;
49 (ii) $95 if the claim for damages or amount in interpleader exclusive of court costs,
50 interest, and attorney fees is greater than $2,000 and less than $10,000;
51 (iii) $155 if the claim for damages or amount in interpleader is $10,000 or more;
52 (iv) $155 if the petition is filed under Title 30, Chapter 3, Divorce, or Title 30, Chapter
53 4, Separate Maintenance; and
54 (v) $25 for a motion for temporary separation order filed under Section 30-3-4.5 .
55 (c) The fee for filing a small claims affidavit is:
56 (i) [$45] $55 if the claim for damages or amount in interpleader exclusive of court

57 costs, interest, and attorney fees is $2,000 or less; [and]
58 (ii) [$70] $90 if the claim for damages or amount in interpleader exclusive of court
59 costs, interest, and attorney fees is greater than $2,000[.], but less than $7,500;
60 (iii) $185 if the claim for damages or amount in interpleader exclusive of court costs,
61 interest, and attorney fees is $7,500 or more but less than $10,000; and
62 (iv) $300 if the claim for damages or amount in interpleader exclusive of court costs,
63 interest, and attorney fees is $10,000 or more but less than $12,501.
64 (d) The fee for filing a counter claim, cross claim, complaint in intervention, third party
65 complaint, or other claim for relief against an existing or joined party other than the original
66 complaint or petition is:
67 (i) $45 if the claim for relief exclusive of court costs, interest, and attorney fees is
68 $2,000 or less;
69 (ii) $75 if the claim for relief exclusive of court costs, interest, and attorney fees is
70 greater than $2,000 and less than $10,000;
71 (iii) $105 if the original petition is filed under Subsection (1)(a), the claim for relief is
72 $10,000 or more, or the party seeks relief other than monetary damages; and
73 (iv) $85 if the original petition is filed under Title 30, Chapter 3, Divorce, or Title 30,
74 Chapter 4, Separate Maintenance.
75 (e) The fee for filing a small claims counter affidavit is:
76 (i) [$35] $45 if the claim for relief exclusive of court costs, interest, and attorney fees
77 is $2,000 or less; [and]
78 (ii) [$50] $70 if the claim for relief exclusive of court costs, interest, and attorney fees
79 is greater than $2,000[.], but less than $7,500;
80 (iii) $150 if the claim for relief exclusive of court costs, interest, and attorney fees is
81 $7,500 or more but less than $10,000; and
82 (iv) $250 if the claim for relief exclusive of court costs, interest, and attorney fees is
83 $10,000 or more but less than $12,501.
84 (f) The fee for depositing funds under Section 57-1-29 when not associated with an
85 action already before the court is determined under Subsection (1)(b) based on the amount
86 deposited.
87 (g) The fee for filing a petition is:

88 (i) $75 for trial de novo of an adjudication of the justice court or of the small claims
89 department; and
90 (ii) $55 for an appeal of a municipal administrative determination in accordance with
91 Section 10-3-703.7 .
92 (h) The fee for filing a notice of appeal, petition for appeal of an interlocutory order, or
93 petition for writ of certiorari is $205.
94 (i) (i) Except for a petition filed under Subsection 77-18-10 (2), the fee for filing a
95 petition for expungement is $65.
96 (ii) There is no fee for a petition filed under Subsection 77-18-10 (2).
97 (j) (i) Fifteen dollars of the fees established by Subsections (1)(a) through (i) shall be
98 allocated to and between the Judges' Contributory Retirement Trust Fund and the Judges'
99 Noncontributory Retirement Trust Fund, as provided in Title 49, Chapter 17, Judges'
100 Contributory Retirement Act, and Title 49, Chapter 18, Judges' Noncontributory Retirement
101 Act.
102 (ii) Four dollars of the fees established by Subsections (1)(a) through (i) shall be
103 allocated by the state treasurer to be deposited in the restricted account, Children's Legal
104 Defense Account, as provided in Section 51-9-408 .
105 (iii) Three dollars of the fees established under Subsections (1)(a) through (e), (1)(g),
106 and (1)(r) shall be allocated to and deposited with the Dispute Resolution Fund as provided in
107 Section 78B-6-209 .
108 (iv) Fifteen dollars of the fees established by Subsections (1)(a), (1)(b)(iii) and (iv),
109 (1)(d)(iii) and (iv), (1)(g)(ii), (1)(h), and (1)(i) shall be allocated by the state treasurer to be
110 deposited in the restricted account, Court Security Account, as provided in Section 78A-2-602 .
111 (v) Five dollars of the fees established by Subsections (1)(b)(i) and (ii), (1)(d)(ii) and
112 (1)(g)(i) shall be allocated by the state treasurer to be deposited in the restricted account, Court
113 Security Account, as provided in Section 78A-2-602 .
114 (k) The fee for filing a judgment, order, or decree of a court of another state or of the
115 United States is $25.
116 (l) The fee for filing probate or child custody documents from another state is $25.
117 (m) (i) The fee for filing an abstract or transcript of judgment, order, or decree of the
118 Utah State Tax Commission is $30.

119 (ii) The fee for filing an abstract or transcript of judgment of a court of law of this state
120 or a judgment, order, or decree of an administrative agency, commission, board, council, or
121 hearing officer of this state or of its political subdivisions other than the Utah State Tax
122 Commission, is $40.
123 (n) The fee for filing a judgment by confession without action under Section
124 78B-5-205 is $25.
125 (o) The fee for filing an award of arbitration for confirmation, modification, or
126 vacation under Title 78B, Chapter 11, Utah Uniform Arbitration Act, that is not part of an
127 action before the court is $25.
128 (p) The fee for filing a petition or counter-petition to modify a decree of divorce is $40.
129 (q) The fee for filing any accounting required by law is:
130 (i) $10 for an estate valued at $50,000 or less;
131 (ii) $20 for an estate valued at $75,000 or less but more than $50,000;
132 (iii) $40 for an estate valued at $112,000 or less but more than $75,000;
133 (iv) $80 for an estate valued at $168,000 or less but more than $112,000; and
134 (v) $150 for an estate valued at more than $168,000.
135 (r) The fee for filing a demand for a civil jury is $75.
136 (s) The fee for filing a notice of deposition in this state concerning an action pending in
137 another state under Utah Rule of Civil Procedure 26 is $25.
138 (t) The fee for filing documents that require judicial approval but are not part of an
139 action before the court is $25.
140 (u) The fee for a petition to open a sealed record is $25.
141 (v) The fee for a writ of replevin, attachment, execution, or garnishment is $35 in
142 addition to any fee for a complaint or petition.
143 (w) (i) The fee for a petition for authorization for a minor to marry required by Section
144 30-1-9 is $5.
145 (ii) The fee for a petition for emancipation of a minor provided in Title 78A, Chapter 6,
146 Part 8, Emancipation, is $50.
147 (x) The fee for a certificate issued under Section 26-2-25 is $2.
148 (y) The fee for a certified copy of a document is $4 per document plus 50 cents per
149 page.

150 (z) The fee for an exemplified copy of a document is $6 per document plus 50 cents
151 per page.
152 (aa) The Judicial Council shall by rule establish a schedule of fees for copies of
153 documents and forms and for the search and retrieval of records under Title 63G, Chapter 2,
154 Government Records Access and Management Act. Fees under this Subsection (1)(aa) shall be
155 credited to the court as a reimbursement of expenditures.
156 (bb) There is no fee for services or the filing of documents not listed in this section or
157 otherwise provided by law.
158 (cc) Except as provided in this section, all fees collected under this section are paid to
159 the General Fund. Except as provided in this section, all fees shall be paid at the time the clerk
160 accepts the pleading for filing or performs the requested service.
161 (dd) The filing fees under this section may not be charged to the state, its agencies, or
162 political subdivisions filing or defending any action. In judgments awarded in favor of the
163 state, its agencies, or political subdivisions, except the Office of Recovery Services, the court
164 shall order the filing fees and collection costs to be paid by the judgment debtor. The sums
165 collected under this Subsection (1)(dd) shall be applied to the fees after credit to the judgment,
166 order, fine, tax, lien, or other penalty and costs permitted by law.
167 (2) (a) (i) From March 17, 1994 until June 30, 1998, the administrator of the courts
168 shall transfer all revenues representing the difference between the fees in effect after May 2,
169 1994, and the fees in effect before February 1, 1994, as dedicated credits to the Division of
170 Facilities Construction and Management Capital Projects Fund.
171 (ii) (A) Except as provided in Subsection (2)(a)(ii)(B), the Division of Facilities
172 Construction and Management shall use up to $3,750,000 of the revenue deposited in the
173 Capital Projects Fund under this Subsection (2)(a) to design and take other actions necessary to
174 initiate the development of a courts complex in Salt Lake City.
175 (B) If the Legislature approves funding for construction of a courts complex in Salt
176 Lake City in the 1995 Annual General Session, the Division of Facilities Construction and
177 Management shall use the revenue deposited in the Capital Projects Fund under this Subsection
178 (2)(a)(ii) to construct a courts complex in Salt Lake City.
179 (C) After the courts complex is completed and all bills connected with its construction
180 have been paid, the Division of Facilities Construction and Management shall use any monies

181 remaining in the Capital Projects Fund under this Subsection (2)(a)(ii) to fund the Vernal
182 District Court building.
183 (iii) The Division of Facilities Construction and Management may enter into
184 agreements and make expenditures related to this project before the receipt of revenues
185 provided for under this Subsection (2)(a)(iii).
186 (iv) The Division of Facilities Construction and Management shall:
187 (A) make those expenditures from unexpended and unencumbered building funds
188 already appropriated to the Capital Projects Fund; and
189 (B) reimburse the Capital Projects Fund upon receipt of the revenues provided for
190 under this Subsection (2).
191 (b) After June 30, 1998, the administrator of the courts shall ensure that all revenues
192 representing the difference between the fees in effect after May 2, 1994, and the fees in effect
193 before February 1, 1994, are transferred to the Division of Finance for deposit in the restricted
194 account.
195 (c) The Division of Finance shall deposit all revenues received from the court
196 administrator into the restricted account created by this section.
197 (d) (i) From May 1, 1995 until June 30, 1998, the administrator of the courts shall
198 transfer $7 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor
199 Vehicles, in a court of record to the Division of Facilities Construction and Management
200 Capital Projects Fund. The division of money pursuant to Section 78A-5-110 shall be
201 calculated on the balance of the fine or bail forfeiture paid.
202 (ii) After June 30, 1998, the administrator of the courts or a municipality shall transfer
203 $7 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor Vehicles, in
204 a court of record to the Division of Finance for deposit in the restricted account created by this
205 section. The division of money pursuant to Section 78A-5-110 shall be calculated on the
206 balance of the fine or bail forfeiture paid.
207 (3) (a) There is created within the General Fund a restricted account known as the State
208 Courts Complex Account.
209 (b) The Legislature may appropriate monies from the restricted account to the
210 administrator of the courts for the following purposes only:
211 (i) to repay costs associated with the construction of the court complex that were

212 funded from sources other than revenues provided for under this Subsection (3)(b)(i); and
213 (ii) to cover operations and maintenance costs on the court complex.
214 Section 2. Section 78A-8-102 is amended to read:
215 78A-8-102. Small claims -- Defined -- Counsel not necessary -- Deferring multiple
216 claims of one plaintiff -- Supreme Court to govern procedures.
217 (1) A small claims action is a civil action:
218 (a) for the recovery of money where:
219 (i) the amount claimed does not exceed [$7,500] $12,500 including attorney fees but
220 exclusive of court costs and interest; and
221 (ii) the defendant resides or the action of indebtedness was incurred within the
222 jurisdiction of the court in which the action is to be maintained; or
223 (b) involving interpleader under Rule 22 of the Utah Rules of Civil Procedure, in
224 which the amount claimed does not exceed [$7,500] $12,500 including attorney fees but
225 exclusive of court costs and interest.
226 (2) The judgment in a small claims action may not exceed [$7,500] $12,500 including
227 attorney fees but exclusive of court costs and interest.
228 (3) Counter claims may be maintained in small claims actions if the counter claim
229 arises out of the transaction or occurrence which is the subject matter of the plaintiff's claim. A
230 counter claim may not be raised for the first time in the trial de novo of the small claims action.
231 (4) (a) With or without counsel, persons or corporations may litigate actions on behalf
232 of themselves:
233 (i) in person; or
234 (ii) through authorized employees.
235 (b) A person or corporation may be represented in an action by an individual who is
236 not an employee of the person or corporation and is not licensed to practice law only in
237 accordance with the Utah rules of small claims procedure as promulgated by the Supreme
238 Court.
239 (5) If a person or corporation other than a municipality or a political subdivision of the
240 state files multiple small claims in any one court, the clerk or judge of the court may remove all
241 but the initial claim from the court's calendar in order to dispose of all other small claims
242 matters. Claims so removed shall be rescheduled as permitted by the court's calendar.

243 (6) Small claims matters shall be managed in accordance with simplified rules of
244 procedure and evidence promulgated by the Supreme Court.