Fees and Fee Waiver

Fee waivers

In most cases, you must pay a fee to start a case. If you don't pay the fees the court will dismiss your case. This page explains:

 

Do you qualify for a fee waiver?

There are usually fees to start a case and file with the court. Some people qualify for a waiver of these fees. Answer the questions below to find out if you qualify.

  • Food stamps (SNAP)
  • Medicaid
  • SSI
  • FEP or TANF

Yes

You might qualify for a fee waiver. Fill out these forms (available in the forms section):

Motion to Waive Fees

  • Fill out pages 1 and 2 ONLY.

Order on Motion to Waive Fees

  • Fill out the heading information on page 1 only - leave the rest blank.

 

No

Answer the next question.

 

Yes

You might qualify for a fee waiver. Fill out these forms (available in the forms section):

Motion to Waive Fees

  • Fill out pages 1 and 2 ONLY.

Order on Motion to Waive Fees

  • Fill out the heading information on page 1 only - leave the rest blank.

 

No

Answer the next question.

 

Is your income less than the amount in the table below?

Family size

Family income

Family size

Family income

Family size

Family income

1

$1,698.75

2

$2,288.75

3

$2,878.75

4

$3,468.75

5

$4,058.75

6

$4,648.75

(For each additional family member over six, add $590)

Yes

You might qualify for a fee waiver. Fill out these forms (available in the forms section):

Motion to Waive Fees

  • Fill out pages 1 and 2 ONLY.

Order on Motion to Waive Fees

  • Fill out the heading information on page 1 only - leave the rest blank.

 

No

Answer the next question.

 

If you can't afford to pay the court fees and provide yourself and your family with necessities, you might qualify for a fee waiver. Fill out these forms (available in the forms section):

Motion to Waive Fees

  • Fill out all 10 pages.

Order on Motion to Waive Fees

  • Fill out the heading information on page 1 only - leave the rest blank.

 

If you can afford to pay the court fees and provide yourself and your family with necessities then you might not qualify for a fee waiver.

 

 

What fees can you ask the court to waive?

You can ask the court to waive the following fees:

  • The filing fee – this is the cost of filing your paperwork and starting a new case. How much your fee will be depends on what kind of case you are filing. You can look at:
    • 1158XX
    • 1024XX
    • 1044XX
  • The Divorce class fees. These are only required if you are getting divorced and have minor children
  • The fee for an adoption certificate or a divorce certificate. This is only required in adoption or divorce cases.
  • The fee to have the sheriff serve your papers to start your case. This will only work if you are having papers served in Utah
  • The OCAP fee if you used OCAP to prepare your paperwork. OCAP can prepare the papers to request a fee waiver for you. Log into OCAP and open your interview to have the system help with this
  • The fees for filing an appeal – the regular fee is $240 and the fee to appeal in small claims is $10

There are some fees that the court can't waive:

  • The fee to have a non-Utah sheriff or constable or a private process server serve the documents
  • The fee to serve someone by mail
  • The fee to publish a legal notice in a newspaper
  • The fee to have the county recorder record a judgment
  • The witness fee to have someone appear at a trial
  • The cost of any postage or copies
  • The fee for transcripts in an appeal

 

What happens if the judge denies your request

The judge can decide:

  • to waive all the fees
  • to waive some of the fees
  • to waive none of the fees
  • that you did not to provide the required information or attach supporting documentation. In this case, you may file a corrected motion and supporting documents within 14 days of the judge's decision.

If the judge found that you can pay your court fees, and you:

  • have lost your source of income;
  • have unaccounted nondiscretionary expenses limiting your ability to pay;
  • will suffer immediate irreparable harm if the action is unnecessarily delayed; or
  • will otherwise lose the cause of action by unnecessary delays associated with securing funds necessary to satisfy the assessed filing fee,

Then you can file a Memorandum Demonstrating Inability to Pay Fees within 10 days of this order. Scroll down to see the form.

Forms

 

Information about filing documents in existing cases by email

 

The forms you need depend on your case. What is your case about?

Required forms - public
  • 1301FA
  • 1302FA
Optional form
  • 1304FA

(Used only if the motion is denied and specific criteria are met. Must be filed within 10 days of the entry of the order denying motion.)

Required forms - inmates
  • 1301FA
  • 1303FA
Optional form - inmates
  • 1304FA

(Used only if the motion is denied and specific criteria are met. Must be filed within 10 days of the entry of the order denying motion.)

  • 1386XX
  • 1387XX
  • 1388XX

  •  1091XX

Required forms - public
  • 1301GE
  • 1302GE
Optional form
  • 1304GE
    (Used only if the motion is denied and specific criteria are met. Must be filed within 10 days of the entry of the order denying motion.)
Required forms - inmates
  • 1301GE
  • 1303GE
Optional form - inmates
  • 1304GE
    (Used only if the motion is denied and specific criteria are met. Must be filed within 10 days of the entry of the order denying motion.)