Court Fees and Administration Amendments

27
17-72-708
76-3-301.5
76-3-301.7
77-2a-3
77-7-19
77-7-21
77-20-402
78A-2-301
78A-2-301.5
78A-2-501
78A-2-602
78A-7-122
8
Court Fees and Administration Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor: Grant Amjad Miller
LONG TITLE
General Description:
This bill modifies provisions related to fees and various administrative procedures of the
court system.
Highlighted Provisions:
This bill:
defines terms;
removes obsolete provisions:
allowing a sheriff to appoint a law school graduate as a bailiff;
requiring the Judicial Council to create a fine schedule for juvenile courts; and
relating to the use of revenue from court fees to fund court building projects;
updates terminology;
provides that all civil document fees for justice courts and courts of record are provided at
no charge to the state, state agencies, or political subdivisions;
increases
certain court fees;
requires the Administrative Office of the Courts to use appropriated funds from the Court
Security Account to contract for court security at all courts of record;
provides that a request for a protective order does not have a filing fee surcharge under
the
Online
Court Assistance Program; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17-72-708
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
76-3-301.5
, as last amended by Laws of Utah 2021, Chapter 260
76-3-301.7
, as last amended by Laws of Utah 2025, Chapters 259, 331
77-2a-3
, as last amended by Laws of Utah 2025, Chapter 214
77-7-19
, as last amended by Laws of Utah 2020, Chapter 185
77-7-21
, as last amended by Laws of Utah 2021, Chapters 260, 431
77-20-402
, as renumbered and amended by Laws of Utah 2021, Second Special Session,
Chapter 4
78A-2-301
, as last amended by Laws of Utah 2025, Chapter 291
78A-2-301.5
, as last amended by Laws of Utah 2022, Chapter 384
78A-2-501
, as last amended by Laws of Utah 2019, Chapter 246
78A-2-602
, as last amended by Laws of Utah 2018, Chapter 167
78A-7-122
, as last amended by Laws of Utah 2020, Chapter 230
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
17-72-708
is amended to read:
17-72-708
. Sheriff -- Assignment of court bailiffs -- Contract and costs.
(1)
The sheriff shall assign law enforcement officers or special function officers, as defined
under Sections
53-13-103
and
53-13-105
, to serve as court bailiffs and security officers
in the courts of record and county justice courts as required by the rules of the Judicial
Council.
(2)
(a)
The state court administrator shall enter into a contract with the county sheriff for
bailiffs and building security officers for the

district and juvenile courts within the
county.
(b)
A contract described in Subsection
(2)(a)
shall specify agreed upon services, service
costs, and payment terms.
(b)
(c)
The
A
contract
described in Subsection
(2)(a)

may not exceed amounts
appropriated by the Legislature for
that purpose
the purpose described in Subsection
(2)(a)
.
(c)
(d)
The county shall assume costs related to security administration, supervision,
travel, equipment, and training of bailiffs.
(d)
The contract shall specify the agreed services, costs of services, and terms of
payment.
(3)
(a)
If the court is located in the same facility as a state or local law enforcement
agency and the county sheriff's office is not in close proximity to the court, the state
court administrator
,
in consultation with the sheriff
,
may enter into a

contract with
the state or local law enforcement agency for bailiff and security services
subject to
meeting
if the contract meets
all other requirements of this section.
(b)
If
the
bailiff and security
services are provided by
another
an
agency
other than
the county sheriff's office
, the county sheriff shall have no responsibility for the
services under this section.
(4)
(a)
At the request of the court, the sheriff may appoint as a law clerk bailiff
graduates of a law school accredited by the American Bar Association to provide
security and legal research assistance.
(b)
Any law clerk who is also a bailiff shall meet the requirements of Subsection
(1)
of
this section.
(c)
The sheriff may appoint a law clerk bailiff by contract for a period not to exceed two
years, who shall be exempt from the deputy sheriff merit service commission.
Section 2. Section
76-3-301.5
is amended to read:
76-3-301.5
. Uniform fine schedule -- Judicial Council.
(1)
(a)
The Judicial Council shall establish a uniform recommended fine schedule for
each offense under Subsection
76-3-301(1)
.
(a)
(b)
The fine for each offense shall proportionally reflect the seriousness of the
offense and other factors as determined in writing by the Judicial Council.
(b)
(c)
The schedule shall be reviewed annually by the Judicial Council.
The Judicial
Council shall annually review the schedule.
(c)
(d)
The fines shall be collected as part of a criminal accounts receivable, as defined
in Section
77-32b-102
, that is established under Section
77-32b-103
.
(2)
The schedule shall incorporate:
(a)
criteria for determining aggravating and mitigating circumstances; and
(b)
guidelines for enhancement or reduction of the fine, based on aggravating or
mitigating circumstances.
(3)
Presentence investigation reports shall include documentation of aggravating and
mitigating circumstances as determined under the criteria, and a recommended fine
under the schedule.
(4)
The Judicial Council shall also establish a separate uniform recommended fine
schedule for the juvenile court and by rule provide for its implementation.
(5)
(4)
This section does not prohibit the court from
in its discretion
, at the court's
discretion,
imposing no fine, or a fine in any amount up to and including the maximum
fine, for the offense.
Section 3. Section
76-3-301.7
is amended to read:
76-3-301.7
. Compensatory service -- Credit for cost of court-ordered treatment
or course.
(1)
As used in this section:
(a)
"Compensatory service" means service or unpaid work performed by a person, in
lieu of the payment of a criminal fine, for:
(i)
a state or local government agency;
(ii)
an entity that is approved as a nonprofit organization under Section 501(c) of the
Internal Revenue Code; or
(iii)
any other entity or organization if prior approval is obtained from the court.
(b)
"Eligible offense" means a criminal conviction, including a traffic offense.
(2)
When a defendant is sentenced to pay a fine for an eligible offense, the court shall
consider allowing the defendant to complete compensatory service in lieu of the
payment of the fine or account receivable, exclusive of any victim restitution imposed.
(3)
A defendant who intends to forfeit bail or who is ordered to pay a fine by the court for
an eligible offense shall be informed by the court of the opportunity to perform
compensatory service in lieu of the fine or bail amount.
(2)
When a defendant is sentenced to pay a fine for an eligible offense, the court shall
inform the defendant of the opportunity to perform compensatory service instead of
paying the fine or account receivable, exclusive of any victim restitution imposed.
(3)
When a defendant chooses to voluntarily pay the recommended fine amount without a
personal appearance under Section
77-7-21
, the court shall ensure before the defendant
voluntarily makes the payment that the defendant is informed of the opportunity to
perform compensatory service instead of the voluntary payment and the process for
pursuing that opportunity.
(4)
The court shall credit timely completed compensatory service reported in accordance
with Subsection
(5)
against the
fine or bail
amount
owed
at the rate of $12 per hour
and shall allow the defendant a reasonable amount of time to complete the service.
(5)
(a)
The court shall provide the defendant with instructions that inform the
organization:
(i)
about the requirements in Subsection
(5)(b)
; and
(ii)
that making a written false statement to the court about the defendant's
compensatory service is punishable as a class B misdemeanor
pursuant to
under

Section
76-8-504
.
(b)
The defendant shall report compensatory service hours to the court in a letter that:
(i)
is on the organization's official letterhead and includes contact information for the
organization's representative;
(ii)
specifies the number of hours for which the defendant provided service;
(iii)
contains a brief description of what the service involved; and
(iv)
(A)
is signed by an authorized representative of the organization; or
(B)
is in a form otherwise acceptable to the court.
(6)
The court may refuse to accept compensatory service:
(a)
completed
prior to
before
the date of sentencing;
(b)
that has been submitted to another court for credit; or
(c)
completed at an agency or organization or is a type of service that is specifically
prohibited by the court.
(7)
In addition to any other provision of this section, a court may order that the unpaid
amount of the criminal accounts receivable, that is not the principal or interest amount
owed for restitution, be reduced in the amount of the cost of any treatment or course if:
(a)
the treatment or course was ordered by the court as part of the case;
(b)
the defendant has completed the court's requirements related to the treatment or
course;
(c)
the defendant provides proof that the defendant completed the court's requirements
and paid the cost of the treatment or course; and
(d)
the court finds that payment of an unpaid amount of a criminal accounts receivable
will impose manifest hardship on the defendant or the defendant's family.
Section 4. Section
77-2a-3
is amended to read:
77-2a-3
. Manner of entry of plea -- Powers of court -- Expungement.
(1)
(a)
Acceptance of any plea in anticipation of a plea in abeyance agreement shall be
done in full compliance with the Utah Rules of Criminal Procedure, Rule 11.
(b)
In cases charging offenses for which bail may be forfeited, a plea in abeyance
agreement may be entered into without a personal appearance before a magistrate.
(b)
In a case charging an offense for which a defendant may voluntarily pay the
recommended fine amount without a personal appearance under Section
77-7-21
, a
defendant may enter into a plea in abeyance agreement without a personal appearance
before a magistrate.
(2)
A plea in abeyance agreement may provide that the court may, upon finding that the
defendant has successfully completed the terms of the agreement:
(a)
reduce the degree of the offense, enter a judgment of conviction for the lower degree
of the offense, and impose a sentence for the lower degree of the offense;
(b)
allow withdrawal of the defendant's plea and order the dismissal of the case; or
(c)
issue an order of expungement for all records of the offense if:
(i)
the defendant successfully completes a problem solving court program that is
certified by the Judicial Council; and
(ii)
the court allows the withdrawal of the defendant's plea and orders the dismissal of
the case.
(3)
(a)
Upon finding that a defendant has successfully completed the terms of a plea in
abeyance agreement and only as provided in the plea in abeyance agreement or as
agreed to by all parties, the court may

:
(i)
reduce the degree of the offense, enter a judgment of conviction for the lower
degree of the offense, and impose a sentence for the lower degree of the offense;
(ii)
allow withdrawal of the defendant's plea and order the dismissal of the case; or
(iii)
issue an order of expungement for all records of the offense if:
(A)
the defendant successfully completes a problem solving court program that is
certified by the Judicial Council; and
(B)
the court allows the withdrawal of the defendant's plea and orders the
dismissal of the case.
(b)
Upon sentencing a defendant for any lesser offense in accordance with a plea in
abeyance agreement, the court may not invoke Section
76-3-402
to further reduce the
degree of the offense.
(4)
The court may require the Division of Adult Probation and Parole created in Section
64-14-202
to assist in the administration of the plea in abeyance agreement as if the
defendant were placed on probation under Section
77-18-105
.
(5)
The terms of a plea in abeyance agreement may include:
(a)
an order that the defendant pay a nonrefundable plea in abeyance fee, with a
surcharge based on the amount of the plea in abeyance fee, both of which shall be
allocated in the same manner as if paid as a fine for a criminal conviction under
Section
78A-5-110
and a surcharge under Title 51, Chapter 9, Part 4, Criminal
Conviction Surcharge Allocation, and which may not exceed in amount the
maximum fine and surcharge which could have been imposed upon conviction and
sentencing for the same offense;
(b)
an order that the defendant pay the costs of any remedial or rehabilitative program
required by the terms of the agreement; and
(c)
an order that the defendant comply with any other conditions that could have been
imposed as conditions of probation upon conviction and sentencing for the same
offense.
(6)
(a)
The terms of a plea in abeyance shall include:
(i)
a specific amount of restitution that the defendant will pay, as agreed to by the
defendant and the prosecuting attorney;
(ii)
a certification from the prosecuting attorney that:
(A)
the prosecuting attorney has consulted with all victims, including the Utah
Office for Victims of Crime; and
(B)
all victims, including the Utah Office for Victims of Crime, are not seeking
restitution; or
(iii)
an agreement between the parties that restitution will be determined by the court
at a subsequent hearing in accordance with Section
77-38b-205
.
(b)
At a subsequent hearing described in Subsection
(6)(a)(iii)
, the court shall order the
defendant, as a modified term of the plea in abeyance, to pay restitution to all victims
for the entire amount of pecuniary damages that are proximately caused by the
criminal conduct of the defendant.
(c)
The court shall collect, receive, process, and distribute payments for restitution to the
victim, unless otherwise provided by law or by the plea in abeyance agreement.
(d)
If the defendant does not successfully complete the terms of the plea in abeyance, the
court shall enter an order for restitution, in accordance with Chapter 38b, Crime
Victims Restitution Act, upon entering a sentence for the defendant.
(7)
(a)
A court may not hold a plea in abeyance without the consent of both the
prosecuting attorney and the defendant.
(b)
A decision by a prosecuting attorney not to agree to a plea in abeyance is final.
(8)
No plea may be held in abeyance in any case involving:
(a)
a sexual offense against an individual who is under 14 years old; or
(b)
a driving under the influence violation under Section
41-6a-502
,
41-6a-502.5
,
41-6a-517
,
41-6a-520
,
41-6a-520.1
,
41-6a-521.1
,
76-5-102.1
, or
76-5-207
.
(9)
(a)
If the terms of a plea in abeyance agreement allow a court to issue an order of
expungement as described in Subsection
(2)(c)
, the prosecuting attorney shall make a
reasonable effort to provide notice to any victim of the offense of the terms of the
plea in abeyance agreement.
(b)
The notice under Subsection
(9)(a)
shall:
(i)
state that the victim has a right to object to the expungement; and
(ii)
provide instructions for registering an objection with the court.
(c)
If there is a victim of the offense, the victim may file an objection with the court
before the court makes a finding as to whether the defendant successfully completed
the terms of the plea in abeyance agreement as described in Subsection
(3)
.
(d)
The defendant may respond, in writing, to any objection filed by the victim within 14
days after the day on which the objection is received by the court.
(10)
If the court issues an order of expungement under Subsection
(3)(a)(iii)
, the court shall:
(a)
expunge all records of the case as described in Section
77-40a-401
; and
(b)
notify the Bureau of Criminal Identification of the order of expungement.
(11)
(a)
Upon receiving notice from the court of an expungement order as described in
Subsection
(10)
, the Bureau of Criminal Identification shall notify any agency, as
defined in Section
77-40a-101
, affected by the expungement order.
(b)
For purposes of Subsection
(11)(a)
, the Bureau of Criminal Identification may not
notify the Board of Pardons and Parole of an expungement order if the individual has
never been:
(i)
sentenced to prison in this state; or
(ii)
under the jurisdiction of the Board of Pardons and Parole.
(c)
The Bureau of Criminal Identification shall forward a copy of the expungement order
to the Federal Bureau of Investigation.
(12)
The defendant may deliver copies of the expungement to any agency, as defined in
Section
77-40a-101
, affected by the order of expungement.
(13)
If an agency receives an expungement order under this part, the agency shall expunge
all records for the case in accordance with Section
77-40a-401
.
Section 5. Section
77-7-19
is amended to read:
77-7-19
. Appearance required by citation -- Arrest for failure to appear --
Transfer of cases -- Disposition of fines and costs.
(1)
An individual receiving a citation issued
pursuant to
under
Section
77-7-18
shall
appear in the court designated in the citation on or before the time and date specified in
the citation unless:
(a)
the citation states that the court will, within five to 14 days, notify the individual of
when to appear; or
(b)
the individual is permitted to
remit the fine
voluntarily pay the recommended fine
amount
and other penalties without a personal appearance in accordance with a
uniform fine schedule adopted by the Judicial Council or by court order under
Section
77-7-21
.
(2)
A citation may not require an individual to appear or contact the court sooner than five
days or later than 14 days following
its
the citation's
issuance.
(3)
If the individual cited does not appear before the court as directed by the citation or the
court, or pay the fine as allowed by Section
77-7-21
, the court may issue a bench
warrant for the individual's arrest.
(4)
(a)
Clerks and other administrative personnel serving the courts shall identify for the
judge any citations over which the court may lack jurisdiction.
(b)
Upon determining that the court lacks jurisdiction over a citation, the court shall:
(i)
transfer the case to a court with jurisdiction;
(ii)
if the court cannot readily identify a court with jurisdiction, dismiss the charges
contained in the citation; and
(iii)
notify the prosecutor of the transfer or dismissal.
(c)
Any fine, fee, or forfeiture collected by a court that lacks jurisdiction shall be:
(i)
transferred to the court receiving the case; or
(ii)
if the case is dismissed, returned to the defendant.
Section 6. Section
77-7-21
is amended to read:
77-7-21
. Proceeding on citation -- Voluntary payment of recommended fine
amount -- Parent signature required -- Information, when required.
(1)
(a)
A citation filed with the court may, with the consent of the defendant, serve in lieu
of an information to which the defendant may plead guilty or no contest to the charge
or charges listed and be sentenced accordingly.
(b)
If provided by the uniform fine schedule described in Section
76-3-301.5
, or with the
court's approval, an individual may
remit the fine
voluntarily pay the recommended
fine amount
and other penalties without a personal appearance before the court in any
case charging a class B misdemeanor or lower offense, unless the charge is:
(i)
a domestic violence offense as defined in Section
77-36-1
;
(ii)
a violation of Section
41-6a-502
, driving under the influence of alcohol, drugs, or
a combination of both or with specified or unsafe blood alcohol concentration;
(iii)
a violation of Section
41-6a-517
, driving with any measurable controlled
substance in the body;
(iv)
a violation of a local ordinance similar to the offenses described in Subsections
(1)(b)(i)
through
(iii)
; or
(v)
a violation that appears to:
(A)
affect a victim, as defined in Section
77-38b-102
; or
(B)
require restitution, as defined in Section
77-38b-102
.
(c)
The remittal of fines
A defendant's voluntary payment of the recommended fine
amount
and other penalties shall be entered as a conviction and treated the same as if
the accused pleaded no contest.
(d)
If the person cited is under 18 years old, the court shall promptly mail a copy or
notice of the citation to the address as shown on the citation, to the attention of the
parent or guardian of the defendant.
(2)
If the individual pleads not guilty to the offense charged, further proceedings shall be
held in accordance with the Rules of Criminal Procedure and all other applicable
provisions of this code.
Section 7. Section
77-20-402
is amended to read:
77-20-402
. Payment of monetary bail to court -- Specific payment methods --
Refund of monetary bail.
(1)
Subject to Subsection
(2)
, a defendant may choose to post the amount of monetary bail
imposed by a judge or magistrate by any of the following methods:
(a)
in cash;
(b)
by a bail bond with a surety;
(c)
by an unsecured bond, at the discretion of the judge or magistrate; or
(d)
by credit or debit card, at the discretion of the judge or magistrate.
(2)
A judge or magistrate may limit a defendant to a specific method of posting monetary
bail described in Subsection
(1)
:
(a)
if, after charges are filed, the defendant fails to appear in the case on a bail bond and
the case involves a violent offense;
(b)
in order to allow the defendant to
voluntarily remit the fine
voluntarily pay the
recommended fine amount
in accordance with Section
77-7-21
and the offense with
which the defendant is charged is listed in the shared master offense table as one for
which an appearance is not mandatory;
(c)
if the defendant has failed to respond to a citation or summons and the offense with
which the defendant is charged is listed in the shared master offense table as one for
which an appearance is not mandatory;
(d)
if a warrant is issued for the defendant solely for failure to pay a criminal accounts
receivable, as defined in Section
77-32b-102
, and the defendant's monetary bail is
limited to the amount owed; or
(e)
if a court has entered a judgment of bail bond forfeiture under Section
77-20-505
in
any case involving the defendant.
(3)
Monetary bail may not be accepted without receiving in writing at the time the bail is
posted the current mailing address, telephone number, and email address of the surety.
(4)
Monetary bail posted by debit or credit card, less the fee charged by the financial
institution, shall be tendered to the courts.
(5)
(a)
Monetary bail refunded by the court may be refunded by credit to the debit or
credit card or in cash.
(b)
The amount refunded shall be the full amount received by the court under Subsection
(4)
, which may be less than the full amount of the monetary bail set by the judge or
magistrate.
(c)
Before refunding monetary bail that is posted by the defendant in cash, by credit
card, or by debit card, the court may apply the amount posted toward a criminal
accounts receivable, as defined in Section
77-32b-102
, that is owed by the defendant
in the priority set forth in Section
77-38b-304
.
Section 8. Section
78A-2-301
is amended to read:
78A-2-301
. Civil fees of the courts of record -- Courts complex design.
(1)
(a)
The fee for filing any civil complaint or petition invoking the jurisdiction of a
court of record not governed by another subsection is $375.
(b)
The fee for filing a complaint or petition is:
(i)
$90
$105
if the claim for damages or amount in interpleader exclusive of court
costs, interest, and attorney fees is $2,000 or less;
(ii)
$200
$215
if the claim for damages or amount in interpleader exclusive of court
costs, interest, and attorney fees is greater than $2,000 and less than $10,000;
(iii)
$375 if the claim for damages or amount in interpleader is $10,000 or more;
(iv)
except as provided in Subsection
(1)(b)(v)
,
$325
$350
if the petition is filed for
an action described in Title 81, Chapter 4, Dissolution of Marriage;
(v)
$35 for a petition for temporary separation described in Section
81-4-104
;
(vi)
$125 if the petition is for removal from the Sex, Kidnap, and Child Abuse
Offender Registry under Section
53-29-204
,
53-29-205
, or
53-29-206
; and
(vii)
$35 if the petition is for guardianship and the prospective ward is the biological
or adoptive child of the petitioner.
(c)
The fee for filing a small claims affidavit is:
(i)
$60 if the claim for damages or amount in interpleader exclusive of court costs,
interest, and attorney fees is $2,000 or less;
(ii)
$100 if the claim for damages or amount in interpleader exclusive of court costs,
interest, and attorney fees is greater than $2,000, but less than $7,500; and
(iii)
$185 if the claim for damages or amount in interpleader exclusive of court costs,
interest, and attorney fees is $7,500 or more.
(d)
The fee for filing a counter claim, cross claim, complaint in intervention, third party
complaint, or other claim for relief against an existing or joined party other than the
original complaint or petition is:
(i)
$55 if the claim for relief exclusive of court costs, interest, and attorney fees is
$2,000 or less;
(ii)
$165 if the claim for relief exclusive of court costs, interest, and attorney fees is
greater than $2,000 and less than $10,000;
(iii)
$170 if the original petition is filed under Subsection
(1)(a)
, the claim for relief is
$10,000 or more, or the party seeks relief other than monetary damages; and
(iv)
$130 if the original petition is filed for an action described in Title 81, Chapter 4,
Dissolution of Marriage.
(e)
The fee for filing a small claims counter affidavit is:
(i)
$50 if the claim for relief exclusive of court costs, interest, and attorney fees is
$2,000 or less;
(ii)
$70 if the claim for relief exclusive of court costs, interest, and attorney fees is
greater than $2,000, but less than $7,500; and
(iii)
$120 if the claim for relief exclusive of court costs, interest, and attorney fees is
$7,500 or more.
(f)
The fee for depositing funds under Section
57-1-29
when not associated with an
action already before the court is determined under Subsection
(1)(b)
based on the
amount deposited.
(g)
The fee for filing a petition is:
(i)
$240 for trial de novo of an adjudication of the justice court or of the small claims
department; and
(ii)
$80 for an appeal of a municipal administrative determination in accordance with
Section
10-3-703.7
.
(h)
The fee for filing a notice of appeal, petition for appeal of an interlocutory order, or
petition for writ of certiorari is $240.
(i)
The fee for filing a petition for expungement is $150.
(j)
(i)
Fifteen dollars of the fees established by Subsections
(1)(a)
through
(i)
shall be
allocated to and between the Judges' Contributory Retirement Trust Fund and the
Judges' Noncontributory Retirement Trust Fund, as provided in Title 49, Chapter
17, Judges' Contributory Retirement Act, and Title 49, Chapter 18, Judges'
Noncontributory Retirement Act.
(ii)
Four dollars of the fees established by Subsections
(1)(a)
through
(i)
shall be
allocated by the state treasurer to be deposited into the restricted account,
Children's Legal Defense Account, as provided in Section
51-9-408
.
(iii)
Five dollars of the fees established under Subsections
(1)(a)
through
(e)
, (1)(g),
and (1)(s) shall be allocated to and deposited with the Dispute Resolution Account
as provided in Section
78B-6-209
.
(iv)
Thirty dollars of the fees established by Subsections
(1)(a)
, (1)(b)(iii) and (iv),
(1)(d)(iii) and (iv), (1)(g)(ii), (1)(h), and (1)(i) shall be allocated by the state
treasurer to be deposited into the restricted account, Court Security Account, as
provided in Section
78A-2-602
.
(v)
Twenty dollars of the fees established by Subsections
(1)(b)(i)
and
(ii)
, (1)(d)(ii)
and (1)(g)(i) shall be allocated by the state treasurer to be deposited into the
restricted account, Court Security Account, as provided in Section
78A-2-602
.
(k)
The fee for filing a judgment, order, or decree of a court of another state or of the
United States is $35.
(l)
The fee for filing a renewal of judgment in accordance with
Section
78B-6-1801
Title 78B, Chapter 6, Part 18, Renewal of Judgment Act,
is 50% of the fee for filing
an original action seeking the same relief.
(m)
The fee for filing probate or child custody documents from another state is $35.
(n)
(i)
The fee for filing an abstract or transcript of judgment, order, or decree of the
State Tax Commission is $30.
(ii)
The fee for filing an abstract or transcript of judgment of a court of law of this
state or a judgment, order, or decree of an administrative agency, commission,
board, council, or hearing officer of this state or of
its
the state's
political
subdivisions other than the State Tax Commission, is $50.
(o)
The fee for filing a judgment by confession without action under Section
78B-5-205

is $35.
(p)
The fee for filing an award of arbitration for confirmation, modification, or vacation
under Title 78B, Chapter 11, Utah Uniform Arbitration Act, that is not part of an
action before the court is $35.
(q)
The fee for filing a petition or counter-petition to modify a domestic relations order
other than a protective order or stalking injunction is $100.
(r)
The fee for filing any accounting required by law is:
(i)
$15 for an estate valued at $50,000 or less;
(ii)
$30 for an estate valued at $75,000 or less but more than $50,000;
(iii)
$50 for an estate valued at $112,000 or less but more than $75,000;
(iv)
$90 for an estate valued at $168,000 or less but more than $112,000; and
(v)
$175 for an estate valued at more than $168,000.
(s)
The fee for filing a demand for a civil jury is $250.
(t)
The fee for filing a notice of deposition in this state concerning an action pending in
another state under Utah Rules of Civil Procedure, Rule 30 is $35.
(u)
The fee for filing documents that require judicial approval but are not part of an
action before the court is $35.
(v)
The fee for a petition to open a sealed record is $35.
(w)
The fee for a writ of replevin, attachment, execution, or garnishment is
$50
$75
in
addition to any fee for a complaint or petition.
(x)
(i)
The fee for a petition for authorization for a minor to marry required by Section
81-2-304
is $5.
(ii)
The fee for a petition for emancipation of a minor provided in Title 80, Chapter 7,
Emancipation, is $50.
(y)
The fee for a certificate issued under Section
26B-8-128
is $8.
(z)
The fee for a certified copy of a document is $4 per document plus 50 cents per page.
(aa)
The fee for an exemplified copy of a document is $6 per document plus 50 cents per
page.
(bb)
The Judicial Council shall, by rule, establish a schedule of fees for copies of
documents and forms and for the search and retrieval of records under Title 63G,
Chapter 2, Government Records Access and Management Act. Fees under
Subsection
(1)(bb)
and
(cc)
shall be credited to the court as a reimbursement of
expenditures.
(cc)
The Judicial Council may, by rule, establish a reasonable fee to allow members of
the public to conduct a limited amount of searches on the Xchange database without
having to pay a monthly subscription fee.
(dd)
(2)
There is no fee for services or the filing of documents not listed in this section or
otherwise provided by law.
(ee)
(3)
Except as provided in this section, all fees collected under this section are paid
to
into
the General Fund
. Except as provided in this section, all fees shall be paid
at the
time the clerk accepts the pleading for filing or performs the requested service.
(ff)
(4)
The
filing
fees under this section may not be charged to the state, the state's
agencies, or political subdivisions filing or defending any action.

(5)
(a)
In
Except as provided in Subsection
(5)(b)
, in
judgments awarded in favor of
the state,
its
the state's
agencies, or political subdivisions,
except the Office of
Recovery Services,
the court shall order the filing fees and collection costs to be
paid by the judgment debtor.

(b)
Subsection
(5)(a)
does not apply to a judgment awarded in favor of the Office of
Recovery Services.
(c)
The sums collected under
this Subsection
(1)(ff)
Subsection
(5)(a)
shall be applied
to the fees after credit to the judgment, order, fine, tax, lien, or other penalty and
costs permitted by law.
(2)
(6)
(a)
(i)
From March 17, 1994, until June 30, 1998, the state court
administrator shall transfer all revenues representing the difference between the
fees in effect after May 2, 1994, and the fees in effect before February 1, 1994, as
dedicated credits to the Division of Facilities Construction and Management
Capital Projects Fund.
(ii)
(A)
Except as provided in Subsection (2)(a)(ii)(B), the Division of Facilities
Construction and Management shall use up to $3,750,000 of the revenue
deposited into the Capital Projects Fund under this Subsection (2)(a) to design
and take other actions necessary to initiate the development of a courts
complex in Salt Lake City.
(B)
If the Legislature approves funding for construction of a courts complex in
Salt Lake City in the 1995 Annual General Session, the Division of Facilities
Construction and Management shall use the revenue deposited into the Capital
Projects Fund under this Subsection (2)(a)(ii) to construct a courts complex in
Salt Lake City.
(C)
After the courts complex is completed and all bills connected with its
construction have been paid, the Division of Facilities Construction and
Management shall use any money remaining in the Capital Projects Fund under
this Subsection (2)(a)(ii) to fund the Vernal District Court building.
(iii)
The Division of Facilities Construction and Management may enter into
agreements and make expenditures related to this project before the receipt of
revenues provided for under this Subsection (2)(a)(iii).
(iv)
The Division of Facilities Construction and Management shall:
(A)
make those expenditures from unexpended and unencumbered building funds
already appropriated to the Capital Projects Fund; and
(B)
reimburse the Capital Projects Fund upon receipt of the revenues provided for
under this Subsection (2).
(b)
(a)
After June 30, 1998, the
The
state court administrator shall ensure that all
revenues representing the difference between the fees in effect after May 2, 1994, and
the fees in effect before February 1, 1994, are transferred to the Division of Finance
for deposit
in
into
the restricted account
created in Subsection
(7)
.
(c)
The Division of Finance shall deposit all revenues received from the state court
administrator into the restricted account created by this section.
(d)
(i)
From May 1, 1995, until June 30, 1998, the state court administrator shall
transfer $7 of the amount of a fine or bail forfeiture paid for a violation of Title
41, Motor Vehicles, in a court of record to the Division of Facilities Construction
and Management Capital Projects Fund. The division of money pursuant to
Section
78A-5-110
shall be calculated on the balance of the fine or bail forfeiture
paid.
(ii)
(b)
(i)
After June 30, 1998, the
The
state court administrator or a municipality
shall transfer $7 of the amount of a fine
,
or
bail forfeiture
a voluntary payment
under Section
77-7-21
,
paid for a violation of Title 41, Motor Vehicles, in a court
of record to the Division of Finance for deposit
in
into
the restricted account
created by this section.
The division of money pursuant to Section
78A-5-110

shall be calculated on the balance of the fine or bail forfeiture paid.
(ii)
The remaining amount of the fine, or voluntary payment under Section
77-7-21
,
after the $7 transfer described in Subsection
(6)(b)(i)
shall be allocated in
accordance with Section
78A-5-110
.
(iii)
The Division of Finance shall deposit all revenues received under this Subsection
(6)
into the restricted account created in Subsection
(7)
.
(3)
(7)
(a)
There is created within the General Fund a restricted account known as the
State Courts Complex Account.
(b)
The Legislature may appropriate money from the restricted account to the state court
administrator for the following purposes only:
(i)
to repay costs associated with the construction of the court complex that were
funded from sources other than revenues provided for under this Subsection
(3)(b)(i)
(7)(b)(i)
; and
(ii)
to cover operations and maintenance costs on the court complex.
Section 9. Section
78A-2-301.5
is amended to read:
78A-2-301.5
. Civil fees for justice courts.
(1)
The fee for filing a small claims affidavit is:
(a)
$60 if the claim for damages or amount in interpleader exclusive of justice court
costs, interest, and attorney fees is $2,000 or less;
(b)
$100 if the claim for damages or amount in interpleader exclusive of justice court
costs, interest, and attorney fees is greater than $2,000, but less than $7,500; and
(c)
$185 if the claim for damages or amount in interpleader exclusive of justice court
costs, interest, and attorney fees is $7,500 or more.
(2)
The fee for filing a small claims counter affidavit is:
(a)
$50 if the claim for relief exclusive of justice court costs, interest, and attorney fees
is $2,000 or less;
(b)
$70 if the claim for relief exclusive of justice court costs, interest, and attorney fees
is greater than $2,000, but less than $7,500; and
(c)
$120 if the claim for relief exclusive of justice court costs, interest, and attorney fees
is $7,500 or more.
(3)
The fee for filing a petition for expungement is $135.
(4)
The fee for a petition to open a sealed record is $35.
(5)
The fee for a writ of replevin, attachment, execution, or garnishment is $50 in addition
to any fee for a complaint or petition.
(6)
(a)
The fee for filing a notice of appeal to a court of record is $10.

(b)
This
The
fee
described in Subsection
(6)(a)

covers all services of the justice court
on appeal but does not satisfy the trial de novo filing fee in the court of record.
(7)
The fee for a certified copy of a document is $4 per document plus 50 cents per page.
(8)
The fee for an exemplified copy of a document is $6 per document plus 50 cents per
page.
(9)
The fee schedule adopted by the Judicial Council for copies of documents and forms
and for the search and retrieval of records under
Title 63G, Chapter 2, Government
Records Access and Management Act
, shall apply.
(10)
There is no fee for services or the filing of documents not listed in this section or
otherwise provided by law.
(11)
(a)
The
filing
fees under this section may not be charged to the state,
its
the state's

agencies, or political subdivisions filing or defending any action.

(b)
In
Except as provided in Subsection
(11)(c)
, in
judgments awarded in favor of the
state,
its
the state's
agencies, or political subdivisions,
except the Office of
Recovery Services,
the court shall order the filing fees and collection costs to be
paid by the judgment debtor.

(c)
Subsection
(11)(b)
does not apply to a judgment awarded in favor of the Office of
Recovery Services.
(d)
The sums collected under this Subsection
(11)
shall be applied to the fees after credit
to the judgment, order, fine, tax, lien, or other penalty and costs permitted by law.
Section 10. Section
78A-2-501
is amended to read:
78A-2-501
. Definitions -- Online Court Assistance Program -- Purpose of
program -- Online Court Assistance Account -- User's fee -- Use of fund.
(1)
As used in this part:
(a)
"Account" means the Online Court Assistance Account created in this section.
(b)
"Program" means the Online Court Assistance Program created in this section.
(2)
There is created the "Online Court Assistance Program" administered by the
Administrative Office of the Courts to provide the public with information about civil
procedures and to assist the public in preparing and filing civil pleadings and other
papers in:
(a)
uncontested divorces;
(b)
enforcement of orders in the divorce decree;
(c)
landlord and tenant actions;
(d)
guardianship actions; and
(e)
other types of proceedings approved by the board.
(3)
The purpose of the program shall be to:
(a)
minimize the costs of civil litigation;
(b)
improve access to the courts; and
(c)
provide for informed use of the courts and the law by pro se litigants.
(4)
(a)
An additional
$20
$60
shall be added to the filing fee established by Sections
78A-2-301
and
78A-2-301.5
if a person files a complaint, petition,
answer, or
response
counterclaim, or counterpetition
prepared through the program.

(b)
There
shall be
is
no fee for

:
(i)
using the program
or for
;
(ii)
papers filed
subsequent to
after
the initial pleading
; or
(iii)
preparing a request for a protective order
.
(b)
(5)
(a)
There is created within the General Fund a restricted account known as the
Online Court Assistance Account.

(b)
The fees collected under
this
Subsection
(4)
shall be deposited in the restricted
account
described in Subsection
(5)(a)
and appropriated by the Legislature to the
Administrative Office of the Courts to develop, operate, and maintain the program
and to support the use of the program through education of the public.
(5)
(6)
The Administrative Office of the Courts shall provide on the front page of the
program website a listing of all forms and proceedings available to all pro se litigants
within the program.
Section 11. Section
78A-2-602
is amended to read:
78A-2-602
. Court Security Account -- Creation -- Funding -- Uses.
(1)
There is created a restricted account in the General Fund known as the "Court Security
Account."
(2)
The state treasurer shall deposit in the Court Security Account money from:
(a)
the surcharge established in Section
78A-2-601
;
(b)
the portions of filing fees allocated under Subsections
78A-2-301(1)(j)(iv)
and
(v)
;
and
(c)
the portions of a surcharge allocated under Subsections
78A-7-122(3)
and
(4)(b)(ii)
.
(3)
The Court Security Account consists of money:
(a)
deposited by the state treasurer under Subsection
(2)
; and
(b)
appropriated by the Legislature.
(4)
Subject to appropriation, the Administrative Office of the Courts shall use the allocation
to contract for court security at all
district and juvenile
courts
of record
throughout the
state.
Section 12. Section
78A-7-122
is amended to read:
78A-7-122
. Security surcharge -- Application -- Deposit in restricted accounts.
(1)
In addition to any fine, penalty, forfeiture, or other surcharge, a security surcharge of
$60 shall be assessed on all convictions for offenses listed in the uniform
bail
fine

schedule adopted by the Judicial Council and moving traffic violations.
(2)
(a)
The security surcharge shall be collected and distributed pro rata with any fine
collected.

(b)
A fine that would otherwise have been charged may not be reduced due to the
imposition of the security surcharge.
(3)
Twenty-eight dollars of the security surcharge shall be
remitted
transferred
to the state
treasurer and distributed to the Court Security Account created in Section
78A-2-602
.
(4)
Thirty-two dollars of the security surcharge shall be allocated as follows:
(a)
the assessing court shall retain 20% of the amount collected for deposit into the
general fund of the governmental entity; and
(b)
80% shall be
remitted
transferred
to the state treasurer to be distributed as follows:
(i)
62.5% to the treasurer of the county in which the justice court which
remitted
transferred
the amount is located;
(ii)
25% to the Court Security Account created in Section
78A-2-602
; and
(iii)
12.5% to the Justice Court Technology, Security, and Training Account created
in Section
78A-7-301
.
(5)
The court shall
remit
transfer
money collected in accordance with
Title 51, Chapter 7,
State Money Management Act
.
Section 13.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-10-26 2:57 PM