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H.B. 322 Enrolled
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COSTS OF DIVORCE
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2006 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Peggy Wallace
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Senate Sponsor:
Sheldon L. Killpack
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LONG TITLE
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General Description:
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This bill raises the filing fee for a divorce or separate maintenance action to $155.
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Highlighted Provisions:
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This bill:
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. raises the filing fee for a divorce or separate maintenance action to $155.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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78-7-35, as last amended by Chapter 2, Laws of Utah 2003, Second Special Session
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
78-7-35
is amended to read:
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78-7-35. Civil fees of the courts of record -- Courts complex design.
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(1) (a) The fee for filing any civil complaint or petition invoking the jurisdiction of a
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court of record not governed by another subsection is $155.
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(b) The fee for filing a complaint or petition is:
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(i) $50 if the claim for damages or amount in interpleader exclusive of court costs,
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interest, and attorney fees is $2,000 or less;
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(ii) $95 if the claim for damages or amount in interpleader exclusive of court costs,
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interest, and attorney fees is greater than $2,000 and less than $10,000;
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(iii) $155 if the claim for damages or amount in interpleader is $10,000 or more; and
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(iv) [$95] $155 if the petition is filed under Title 30, Chapter 3, Divorce, or Title 30,
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Chapter 4, Separate Maintenance.
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(c) The fee for filing a small claims affidavit is:
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(i) $45 if the claim for damages or amount in interpleader exclusive of court costs,
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interest, and attorney fees is $2,000 or less; and
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(ii) $70 if the claim for damages or amount in interpleader exclusive of court costs,
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interest, and attorney fees is greater than $2,000.
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(d) The fee for filing a counter claim, cross claim, complaint in intervention, third party
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complaint, or other claim for relief against an existing or joined party other than the original
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complaint or petition is:
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(i) $45 if the claim for relief exclusive of court costs, interest, and attorney fees is
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$2,000 or less;
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(ii) $75 if the claim for relief exclusive of court costs, interest, and attorney fees is
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greater than $2,000 and less than $10,000;
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(iii) $105 if the original petition is filed under Subsection (1)(a), the claim for relief is
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$10,000 or more, or the party seeks relief other than monetary damages; and
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(iv) $85 if the original petition is filed under Title 30, Chapter 3, Divorce, or Title 30,
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Chapter 4, Separate Maintenance.
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(e) The fee for filing a small claims counter affidavit is:
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(i) $35 if the claim for relief exclusive of court costs, interest, and attorney fees is
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$2,000 or less; and
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(ii) $50 if the claim for relief exclusive of court costs, interest, and attorney fees is
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greater than $2,000.
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(f) The fee for depositing funds under Section
57-1-29
when not associated with an
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action already before the court is determined under Subsection (1)(b) based on the amount
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deposited.
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(g) The fee for filing a petition is:
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(i) $75 for trial de novo of an adjudication of the justice court or of the small claims
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department; and
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(ii) $55 for an appeal of a municipal administrative determination in accordance with
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Section
10-3-703.7
.
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(h) The fee for filing a notice of appeal, petition for appeal of an interlocutory order, or
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petition for writ of certiorari is $205.
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(i) (i) Except for a petition filed under Subsection
77-18-10
(2), the fee for filing a
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petition for expungement is $65.
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(ii) There is no fee for a petition filed under Subsection
77-18-10
(2).
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(j) (i) Fifteen dollars of the fees established by Subsections (1)(a) through (i) shall be
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allocated to and between the Judges' Contributory Retirement Trust Fund and the Judges'
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Noncontributory Retirement Trust Fund, as provided in Title 49, Chapter 17, Judges'
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Contributory Retirement Act, and Title 49, Chapter 18, Judges' Noncontributory Retirement
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Act.
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(ii) Two dollars of the fees established by Subsections (1)(a) through (i) shall be
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allocated by the state treasurer to be deposited in the restricted account, Children's Legal
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Defense Account, as provided in Section
63-63a-8
.
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(iii) One dollar of the fees established under Subsections (1)(a) through (e), (1)(g), and
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(1)(r) shall be allocated to and deposited with the Dispute Resolution Fund as provided in
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Section
78-31b-9
.
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(iv) Fifteen dollars of the fees established by Subsections (1)(a), (1)(b)(iii) and (iv),
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(1)(d)(iii) and (iv), (1)(g)(ii), (1)(h), and (1)(i) shall be allocated by the state treasurer to be
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deposited in the restricted account, Court Security Account, as provided in Section
63-63c-102
.
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(v) Five dollars of the fees established by Subsections (1)(b)(i) and (ii), (1)(d)(ii) and
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(1)(g)(i) shall be allocated by the state treasurer to be deposited in the restricted account, Court
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Security Account, as provided in Section
63-63c-102
.
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(k) The fee for filing a judgment, order, or decree of a court of another state or of the
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United States is $25.
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(l) The fee for filing probate or child custody documents from another state is $25.
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(m) (i) The fee for filing an abstract or transcript of judgment, order, or decree of the
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Utah State Tax Commission is $30.
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(ii) The fee for filing an abstract or transcript of judgment of a court of law of this state
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or a judgment, order, or decree of an administrative agency, commission, board, council, or
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hearing officer of this state or of its political subdivisions other than the Utah State Tax
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Commission, is $40.
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(n) The fee for filing a judgment by confession without action under Section
78-22-3
is
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$25.
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(o) The fee for filing an award of arbitration for confirmation, modification, or
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vacation under Title 78, Chapter 31a, Utah Uniform Arbitration Act, that is not part of an
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action before the court is $25.
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(p) The fee for filing a petition or counter-petition to modify a decree of divorce is $40.
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(q) The fee for filing any accounting required by law is:
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(i) $10 for an estate valued at $50,000 or less;
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(ii) $20 for an estate valued at $75,000 or less but more than $50,000;
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(iii) $40 for an estate valued at $112,000 or less but more than $75,000;
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(iv) $80 for an estate valued at $168,000 or less but more than $112,000; and
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(v) $150 for an estate valued at more than $168,000.
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(r) The fee for filing a demand for a civil jury is $75.
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(s) The fee for filing a notice of deposition in this state concerning an action pending in
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another state under Utah Rule of Civil Procedure 26 is $25.
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(t) The fee for filing documents that require judicial approval but are not part of an
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action before the court is $25.
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(u) The fee for a petition to open a sealed record is $25.
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(v) The fee for a writ of replevin, attachment, execution, or garnishment is $35 in
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addition to any fee for a complaint or petition.
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(w) The fee for a petition for authorization for a minor to marry required by Section
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30-1-9
is $5.
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(x) The fee for a certificate issued under Section
26-2-25
is $2.
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(y) The fee for a certified copy of a document is $4 per document plus 50 cents per
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page.
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(z) The fee for an exemplified copy of a document is $6 per document plus 50 cents
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per page.
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(aa) The Judicial Council shall by rule establish a schedule of fees for copies of
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documents and forms and for the search and retrieval of records under Title 63, Chapter 2,
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Government Records Access and Management Act. Fees under this Subsection (1)(aa) shall be
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credited to the court as a reimbursement of expenditures.
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(bb) There is no fee for services or the filing of documents not listed in this section or
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otherwise provided by law.
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(cc) Except as provided in this section, all fees collected under this section are paid to
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the General Fund. Except as provided in this section, all fees shall be paid at the time the clerk
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accepts the pleading for filing or performs the requested service.
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(dd) The filing fees under this section may not be charged to the state, its agencies, or
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political subdivisions filing or defending any action. In judgments awarded in favor of the
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state, its agencies, or political subdivisions, except the Office of Recovery Services, the court
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shall order the filing fees and collection costs to be paid by the judgment debtor. The sums
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collected under this Subsection (1)(dd) shall be applied to the fees after credit to the judgment,
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order, fine, tax, lien, or other penalty and costs permitted by law.
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(2) (a) (i) From March 17, 1994 until June 30, 1998, the administrator of the courts
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shall transfer all revenues representing the difference between the fees in effect after May 2,
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1994, and the fees in effect before February 1, 1994, as dedicated credits to the Division of
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Facilities Construction and Management Capital Projects Fund.
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(ii) (A) Except as provided in Subsection (2)(a)(ii)(B), the Division of Facilities
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Construction and Management shall use up to $3,750,000 of the revenue deposited in the
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Capital Projects Fund under this Subsection (2)(a) to design and take other actions necessary to
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initiate the development of a courts complex in Salt Lake City.
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(B) If the Legislature approves funding for construction of a courts complex in Salt
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Lake City in the 1995 Annual General Session, the Division of Facilities Construction and
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Management shall use the revenue deposited in the Capital Projects Fund under this Subsection
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(2)(a)(ii) to construct a courts complex in Salt Lake City.
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(C) After the courts complex is completed and all bills connected with its construction
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have been paid, the Division of Facilities Construction and Management shall use any monies
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remaining in the Capital Projects Fund under this Subsection (2)(a)(ii) to fund the Vernal
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District Court building.
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(iii) The Division of Facilities Construction and Management may enter into
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agreements and make expenditures related to this project before the receipt of revenues
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provided for under this Subsection (2)(a)(iii).
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(iv) The Division of Facilities Construction and Management shall:
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(A) make those expenditures from unexpended and unencumbered building funds
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already appropriated to the Capital Projects Fund; and
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(B) reimburse the Capital Projects Fund upon receipt of the revenues provided for
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under this Subsection (2).
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(b) After June 30, 1998, the administrator of the courts shall ensure that all revenues
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representing the difference between the fees in effect after May 2, 1994, and the fees in effect
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before February 1, 1994, are transferred to the Division of Finance for deposit in the restricted
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account.
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(c) The Division of Finance shall deposit all revenues received from the court
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administrator into the restricted account created by this section.
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(d) (i) From May 1, 1995 until June 30, 1998, the administrator of the courts shall
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transfer $7 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor
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Vehicles, in a court of record to the Division of Facilities Construction and Management
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Capital Projects Fund. The division of money pursuant to Section
78-3-14.5
shall be calculated
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on the balance of the fine or bail forfeiture paid.
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(ii) After June 30, 1998, the administrator of the courts or a municipality shall transfer
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$7 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor Vehicles, in
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a court of record to the Division of Finance for deposit in the restricted account created by this
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section. The division of money pursuant to Section
78-3-14.5
shall be calculated on the
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balance of the fine or bail forfeiture paid.
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(3) (a) There is created within the General Fund a restricted account known as the State
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Courts Complex Account.
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(b) The Legislature may appropriate monies from the restricted account to the
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administrator of the courts for the following purposes only:
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(i) to repay costs associated with the construction of the court complex that were
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funded from sources other than revenues provided for under this Subsection (3)(b)(i); and
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(ii) to cover operations and maintenance costs on the court complex.
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