78A-2-303 - False affidavit -- Penalty.
               	 		 78A-2-303.    False affidavit -- Penalty.
      (1)  A person may assert by affidavit that an affidavit of impecuniosity, action, or appealis:
      (a)  false;
      (b)  frivolous or without merit; or
      (c)  malicious.
      (2)  Upon receipt of an affidavit in accordance with Subsection (1), the court may notifythe 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, withoutmerit, or malicious; or
      (c)  the court orders the affiant to post a bond or pay the legal fees and the affiant fails todo so.
Renumbered and Amended by Chapter 3, 2008 General Session