7 LONG TITLE
8 General Description:
9 This bill creates a refiling fee for a civil court proceeding.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ creates a refiling fee;
14 ▸ requires a party to pay the refiling fee if the party or the court caused a misfiling;
16 ▸ requires a party to pay a full fee if the party knowingly caused the misfiling.
17 Money Appropriated in this Bill:
19 Other Special Clauses:
21 Utah Code Sections Affected:
23 78A-2-310, Utah Code Annotated 1953
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 78A-2-310 is enacted to read:
27 78A-2-310. Refiling fee.
28 (1) As used in this section:
29 (a) "Filing fee" means a fee described in Section 78A-2-301 or 78A-2-301.5.
30 (b) "Misfiling" means when a party files a document that is subject to a filing fee under
31 an incorrect fee category.
32 (c) "Party" means a person who pays a filing fee.
33 (d) "Refiling fee" means an amount equal to the greater of:
34 (i) (A) the amount of the filing fee applicable to the document being refiled; minus
35 (B) the amount of the filing fee the party paid when the misfiling occurred; plus
36 (C) $25 for the court's administrative costs associated with the refiling; and
37 (ii) zero.
38 (2) Except as provided in Subsection (3), if a party or a court causes a misfiling and the
39 party refiles the same document under the correct filing fee category, the party shall pay a
40 refiling fee instead of a filing fee.
41 (3) Subsection (2) does not apply if the party knowingly caused the misfiling.