78A-2-307 - Filing fee challenge -- Court powers.
78A-2-307. Filing fee challenge -- Court powers.
(1) Within 10 days of receiving court notice requiring an initial filing fee under Section78A-2-306, the litigant may contest the fee assessment by filing a memorandum and supportingdocumentation with the court demonstrating inability to pay the fee.
(2) The court shall review the memorandum and supporting documents challenging thefee assessment for facial validity.
(3) The court may reduce the initial filing fee, authorize service of process, or otherwiseproceed with the action without prepayment of costs and fees if the memorandum shows thelitigant:
(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 securingfunds necessary to satisfy the assessed filing fee.
(4) Nothing in this section shall be construed to relieve the litigant from the ongoingobligation of monthly payments until the filing fee is paid in full.
Renumbered and Amended by Chapter 3, 2008 General Session