Fees and Fee Waiver
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:
- Who qualifies for a fee waiver
- What fees can be waived
- What happens if the judge denies your request
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.
Do you receive any of these government benefits? (click to expand)
- 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.
Do you receive legal services from a nonprofit provider or a pro bono attorney through the Utah State Bar? (click to expand)
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 case for expungement?
No - my case is about something else
Is your monthly household income less than or equal to the amounts below?
For each additional family member over six, add $672.50
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 - Can you afford to pay the court fees and provide for yourself and your family with food, shelter, clothing, or other necessities?
Yes - my case is to expunge a court record
How many people are in your household?
3 or fewer people
Is your gross monthly income less than or equal to $3,227.50?
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 - Can you afford to pay the court fees and provide for yourself and your family with food, shelter, clothing, or other necessities?
4 or more people
Is your monthly household income less than or equal to the amounts below?
For each additional family member over six, add $672.50
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 - Can you afford to pay the court fees and provide for yourself and your family with food, shelter, clothing, or other necessities?
Can you afford to pay the court fees and provide yourself and your family with food, shelter, clothing, or other necessities? (click to expand)
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
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
- 1158.5XX
- 1044XX
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.
