H.B. 10 Enrolled

1

RENEWAL OF JUDGMENT ACT
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Gage Froerer
5 Senate Sponsor: Wayne L. Niederhauser
6
7 LONG TITLE
8 General Description:
9 This bill establishes a process and fee for renewal of judgments.
10 Highlighted Provisions:
11 This bill:
12 . establishes a process and fee for renewal of judgments;
13 . establishes the renewal period for eight years; and
14 . makes technical corrections.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 78A-2-301, as last amended by Laws of Utah 2010, Chapters 278 and 283
22 78B-6-209, as last amended by Laws of Utah 2010, Chapter 278
23 ENACTS:
24 78B-6-1801, Utah Code Annotated 1953
25 78B-6-1802, Utah Code Annotated 1953
26 78B-6-1803, Utah Code Annotated 1953
27 78B-6-1804, Utah Code Annotated 1953
28
29 Be it enacted by the Legislature of the state of Utah:

30 Section 1. Section 78A-2-301 is amended to read:
31 78A-2-301. Civil fees of the courts of record -- Courts complex design.
32 (1) (a) The fee for filing any civil complaint or petition invoking the jurisdiction of a
33 court of record not governed by another subsection is $360.
34 (b) The fee for filing a complaint or petition is:
35 (i) $75 if the claim for damages or amount in interpleader exclusive of court costs,
36 interest, and attorney fees is $2,000 or less;
37 (ii) $185 if the claim for damages or amount in interpleader exclusive of court costs,
38 interest, and attorney fees is greater than $2,000 and less than $10,000;
39 (iii) $360 if the claim for damages or amount in interpleader is $10,000 or more;
40 (iv) $310 if the petition is filed under Title 30, Chapter 3, Divorce, or Title 30, Chapter
41 4, Separate Maintenance; and
42 (v) $35 for a motion for temporary separation order filed under Section 30-3-4.5 .
43 (c) The fee for filing a small claims affidavit is:
44 (i) $60 if the claim for damages or amount in interpleader exclusive of court costs,
45 interest, and attorney fees is $2,000 or less;
46 (ii) $100 if the claim for damages or amount in interpleader exclusive of court costs,
47 interest, and attorney fees is greater than $2,000, but less than $7,500; and
48 (iii) $185 if the claim for damages or amount in interpleader exclusive of court costs,
49 interest, and attorney fees is $7,500 or more.
50 (d) The fee for filing a counter claim, cross claim, complaint in intervention, third party
51 complaint, or other claim for relief against an existing or joined party other than the original
52 complaint or petition is:
53 (i) $55 if the claim for relief exclusive of court costs, interest, and attorney fees is
54 $2,000 or less;
55 (ii) $150 if the claim for relief exclusive of court costs, interest, and attorney fees is
56 greater than $2,000 and less than $10,000;
57 (iii) $155 if the original petition is filed under Subsection (1)(a), the claim for relief is

58 $10,000 or more, or the party seeks relief other than monetary damages; and
59 (iv) $115 if the original petition is filed under Title 30, Chapter 3, Divorce, or Title 30,
60 Chapter 4, Separate Maintenance.
61 (e) The fee for filing a small claims counter affidavit is:
62 (i) $50 if the claim for relief exclusive of court costs, interest, and attorney fees is
63 $2,000 or less;
64 (ii) $70 if the claim for relief exclusive of court costs, interest, and attorney fees is
65 greater than $2,000, but less than $7,500; and
66 (iii) $120 if the claim for relief exclusive of court costs, interest, and attorney fees is
67 $7,500 or more.
68 (f) The fee for depositing funds under Section 57-1-29 when not associated with an
69 action already before the court is determined under Subsection (1)(b) based on the amount
70 deposited.
71 (g) The fee for filing a petition is:
72 (i) $225 for trial de novo of an adjudication of the justice court or of the small claims
73 department; and
74 (ii) $65 for an appeal of a municipal administrative determination in accordance with
75 Section 10-3-703.7 .
76 (h) The fee for filing a notice of appeal, petition for appeal of an interlocutory order, or
77 petition for writ of certiorari is $225.
78 (i) The fee for filing a petition for expungement is $135.
79 (j) (i) Fifteen dollars of the fees established by Subsections (1)(a) through (i) shall be
80 allocated to and between the Judges' Contributory Retirement Trust Fund and the Judges'
81 Noncontributory Retirement Trust Fund, as provided in Title 49, Chapter 17, Judges'
82 Contributory Retirement Act, and Title 49, Chapter 18, Judges' Noncontributory Retirement
83 Act.
84 (ii) Four dollars of the fees established by Subsections (1)(a) through (i) shall be
85 allocated by the state treasurer to be deposited in the restricted account, Children's Legal

86 Defense Account, as provided in Section 51-9-408 .
87 (iii) Three dollars of the fees established under Subsections (1)(a) through (e), (1)(g),
88 and (1)[(r)](s) shall be allocated to and deposited with the Dispute Resolution Account as
89 provided in Section 78B-6-209 .
90 (iv) Fifteen dollars of the fees established by Subsections (1)(a), (1)(b)(iii) and (iv),
91 (1)(d)(iii) and (iv), (1)(g)(ii), (1)(h), and (1)(i) shall be allocated by the state treasurer to be
92 deposited in the restricted account, Court Security Account, as provided in Section 78A-2-602 .
93 (v) Five dollars of the fees established by Subsections (1)(b)(i) and (ii), (1)(d)(ii) and
94 (1)(g)(i) shall be allocated by the state treasurer to be deposited in the restricted account, Court
95 Security Account, as provided in Section 78A-2-602 .
96 (k) The fee for filing a judgment, order, or decree of a court of another state or of the
97 United States is $35.
98 (l) The fee for filing a renewal of judgment in accordance with Section 78B-6-1801 is
99 50% of the fee for filing an original action seeking the same relief.
100 [(l)] (m) The fee for filing probate or child custody documents from another state is
101 $35.
102 [(m)] (n) (i) The fee for filing an abstract or transcript of judgment, order, or decree of
103 the Utah State Tax Commission is $30.
104 (ii) The fee for filing an abstract or transcript of judgment of a court of law of this state
105 or a judgment, order, or decree of an administrative agency, commission, board, council, or
106 hearing officer of this state or of its political subdivisions other than the Utah State Tax
107 Commission, is $50.
108 [(n)] (o) The fee for filing a judgment by confession without action under Section
109 78B-5-205 is $35.
110 [(o)] (p) The fee for filing an award of arbitration for confirmation, modification, or
111 vacation under Title 78B, Chapter 11, Utah Uniform Arbitration Act, that is not part of an
112 action before the court is $35.
113 [(p)] (q) The fee for filing a petition or counter-petition to modify a decree of divorce is

114 $100.
115 [(q)] (r) The fee for filing any accounting required by law is:
116 (i) $15 for an estate valued at $50,000 or less;
117 (ii) $30 for an estate valued at $75,000 or less but more than $50,000;
118 (iii) $50 for an estate valued at $112,000 or less but more than $75,000;
119 (iv) $90 for an estate valued at $168,000 or less but more than $112,000; and
120 (v) $175 for an estate valued at more than $168,000.
121 [(r)] (s) The fee for filing a demand for a civil jury is $250.
122 [(s)] (t) The fee for filing a notice of deposition in this state concerning an action
123 pending in another state under Utah Rule of Civil Procedure 26 is $35.
124 [(t)] (u) The fee for filing documents that require judicial approval but are not part of
125 an action before the court is $35.
126 [(u)] (v) The fee for a petition to open a sealed record is $35.
127 [(v)] (w) The fee for a writ of replevin, attachment, execution, or garnishment is $50 in
128 addition to any fee for a complaint or petition.
129 [(w)] (x) (i) The fee for a petition for authorization for a minor to marry required by
130 Section 30-1-9 is $5.
131 (ii) The fee for a petition for emancipation of a minor provided in Title 78A, Chapter 6,
132 Part 8, Emancipation, is $50.
133 [(x)] (y) The fee for a certificate issued under Section 26-2-25 is $8.
134 [(y)] (z) The fee for a certified copy of a document is $4 per document plus 50 cents
135 per page.
136 [(z)] (aa) The fee for an exemplified copy of a document is $6 per document plus 50
137 cents per page.
138 [(aa)] (bb) The Judicial Council shall by rule establish a schedule of fees for copies of
139 documents and forms and for the search and retrieval of records under Title 63G, Chapter 2,
140 Government Records Access and Management Act. Fees under this Subsection (1)[(aa)](bb)
141 shall be credited to the court as a reimbursement of expenditures.

142 [(bb)] (cc) There is no fee for services or the filing of documents not listed in this
143 section or otherwise provided by law.
144 [(cc)] (dd) Except as provided in this section, all fees collected under this section are
145 paid to the General Fund. Except as provided in this section, all fees shall be paid at the time
146 the clerk accepts the pleading for filing or performs the requested service.
147 [(dd)] (ee) The filing fees under this section may not be charged to the state, its
148 agencies, or political subdivisions filing or defending any action. In judgments awarded in
149 favor of the state, its agencies, or political subdivisions, except the Office of Recovery
150 Services, the court shall order the filing fees and collection costs to be paid by the judgment
151 debtor. The sums collected under this Subsection (1)[(dd)](ee) shall be applied to the fees after
152 credit to the judgment, order, fine, tax, lien, or other penalty and costs permitted by law.
153 (2) (a) (i) From March 17, 1994 until June 30, 1998, the administrator of the courts
154 shall transfer all revenues representing the difference between the fees in effect after May 2,
155 1994, and the fees in effect before February 1, 1994, as dedicated credits to the Division of
156 Facilities Construction and Management Capital Projects Fund.
157 (ii) (A) Except as provided in Subsection (2)(a)(ii)(B), the Division of Facilities
158 Construction and Management shall use up to $3,750,000 of the revenue deposited in the
159 Capital Projects Fund under this Subsection (2)(a) to design and take other actions necessary to
160 initiate the development of a courts complex in Salt Lake City.
161 (B) If the Legislature approves funding for construction of a courts complex in Salt
162 Lake City in the 1995 Annual General Session, the Division of Facilities Construction and
163 Management shall use the revenue deposited in the Capital Projects Fund under this Subsection
164 (2)(a)(ii) to construct a courts complex in Salt Lake City.
165 (C) After the courts complex is completed and all bills connected with its construction
166 have been paid, the Division of Facilities Construction and Management shall use any money
167 remaining in the Capital Projects Fund under this Subsection (2)(a)(ii) to fund the Vernal
168 District Court building.
169 (iii) The Division of Facilities Construction and Management may enter into

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

198 funded from sources other than revenues provided for under this Subsection (3)(b)(i); and
199 (ii) to cover operations and maintenance costs on the court complex.
200 Section 2. Section 78B-6-209 is amended to read:
201 78B-6-209. Dispute Resolution Restricted Account -- Appropriation.
202 There is created a restricted account within the General Fund known as the "Dispute
203 Resolution Account." Three dollars of the fees established in Subsections 78A-2-301 (1)(a)
204 through (e), (1)(g), and (1)[(r)](s) shall be allocated to and deposited in the restricted account.
205 The Legislature shall annually appropriate money from the Dispute Resolution Account to the
206 Administrative Office of the Courts to implement the purposes of the Alternative Dispute
207 Resolution Act.
208 Section 3. Section 78B-6-1801 is enacted to read:
209 Part 18. Renewal of Judgment Act
210 78B-6-1801. Title.
211 This part is known as the "Renewal of Judgment Act."
212 Section 4. Section 78B-6-1802 is enacted to read:
213 78B-6-1802. Renewal by motion.
214 A court of record may renew a judgment issued by a court if:
215 (1) a motion is filed within the original action;
216 (2) the motion is filed before the statute of limitations on the original judgment expires;
217 (3) the motion includes an affidavit that contains an accounting of the original
218 judgment and all postjudgment payments, credits, and other adjustments which are provided
219 for by law or are contained within the original judgment;
220 (4) the facts in the supporting affidavit are determined by the court to be accurate and
221 the affidavit affirms that notice was sent to the most current address known for the judgment
222 debtor;
223 (5) the time for responding to the motion has expired; and
224 (6) the fee required by Subsection 78A-2-301 (1)(l) has been paid to the clerk of the
225 court.

226 Section 5. Section 78B-6-1803 is enacted to read:
227 78B-6-1803. Notice.
228 Notice of a motion for renewal of judgment is served in accordance with the Rules of
229 Civil Procedure and opposition may be filed pursuant to the rules.
230 Section 6. Section 78B-6-1804 is enacted to read:
231 78B-6-1804. Date and duration of judgment.
232 Upon granting a motion for the renewal of judgment, the court shall enter an order
233 which renews the original judgment from the date of entry of the order or from the scheduled
234 expiration date of the original order, whichever occurs first, for the same amount of time as the
235 original judgment.