Utah court fee waivers: who can ask, what is covered and what is not
People who receive certain benefits or have low income can ask a judge to waive filing and some other court fees. Several costs cannot be waived.
The Utah courts say some people qualify for a waiver of court fees. The courts' self-help page lists the ways to qualify and what a waiver does and does not cover.
Who may qualify
According to the courts, a person may qualify by receiving SNAP, Medicaid, SSI, or cash assistance through the Family Employment Program or TANF, by getting help from a nonprofit legal provider or a pro bono attorney through the Utah State Bar, by having a household income within the page's limits for family size and case type, or by being unable to pay fees and still provide food, shelter, clothing or other necessities. [1]
What can be waived
The page lists the filing fee, fees for required divorce or custody classes, the adoption or divorce certificate fee, the sheriff's fee to serve papers in Utah, the OCAP fee for papers prepared in MyPaperwork, and appeal fees. [1]
What cannot
Fees for serving papers through a non-Utah sheriff, constable or private process server, the fee to serve by mail, the cost of publishing a legal notice in a newspaper, the county recorder's fee for recording a judgment, witness fees and the cost of postage or copies are listed as not waivable. [1]
How to ask, and what if denied
The person files a Motion to Waive Fees and an Order on Motion to Waive Fees. People qualifying through benefits, a legal provider or income fill out pages 1 and 2 of the motion only, and people relying on affordability fill out all 10 pages. If a judge denies the request because information was missing, the person may file a corrected motion within 14 days. If the judge finds the person can pay but faces specific hardships, the person may file a memorandum demonstrating inability to pay within 10 days of the order. Forms vary by case type, so use the courts' forms for the case. This is not legal advice, and the Ledger has not checked the income limits, which the courts' page publishes. [1]
Sources
Background explainer by The Utah Ledger. AI-assisted reporting, checked against the sources above.