How to Ask a Utah Court to Waive Fees: Who Qualifies and What the Affidavit Says
General information, not legal advice. Read the full disclaimer.
Short answer: Under Utah Code § 78A-2-302, a person may start, defend or appeal a case in a Utah court without prepaying fees, costs or security by submitting an affidavit showing they are indigent. The court must find you indigent if your affidavit shows any of these: (a) your income is at or below 150% of the federal poverty level (for a case other than an expungement petition); (b) you receive benefits from a means-tested government program, such as TANF, SSI, SNAP or Medicaid; (c) you receive legal services from a nonprofit provider or a pro bono attorney through the Utah State Bar; or (d) you don't have enough income or other means to pay the fees and costs without depriving yourself or your family of food, shelter, clothing or other necessities. Giving false information to get a waiver is a crime.
Who this guide is for
Utahns who need to file a divorce, eviction response, small claims case, expungement, appeal or other court action but can't afford the filing fee and related costs.
How the statute works
- Who: any individual who wants to institute, prosecute, defend or appeal a case (§ 78A-2-302(2)).
- What's waived: prepayment of fees and costs or security. The court's waiver form lets you check which fees to waive, such as the filing fee, service of process fees or writ fees.
- How: you sign an affidavit of indigency swearing that "due to my poverty I am unable to bear the expenses of the action or legal proceedings" and that you believe you are entitled to the relief sought (§ 78A-2-302(6)). The courts' form also carries the required warning that it is a crime to intentionally or knowingly provide false or misleading information when seeking a waiver.
The ways to qualify (§ 78A-2-302(3))
| Basis | What you show |
|---|---|
| Income test | Income at or below 150% of the U.S. poverty level under the most recent HHS guidelines. For expungement petitions, a household of one to three uses the 150% level for a household of three; larger households use their own size |
| Means-tested benefits | You receive TANF, SSI, SNAP, Medicaid or a similar means-tested program |
| Legal aid client | You receive legal services from a nonprofit provider or a pro bono attorney through the Utah State Bar |
| Hardship | Your income or means are insufficient to pay without depriving you or your family of necessities |
| Expungement | You give the court proof that another court granted a waiver of the expungement petition fee |
If you rely on the hardship basis, the affidavit must give complete information on your identity and residence, income (including government support, alimony and child support), assets (real and personal property), business interests, accounts receivable, securities and account balances, debts and monthly expenses (§ 78A-2-302(4)). People in custody must also disclose the money in their prison trust account.
Steps
- Get the form from the court's website or the clerk (a Motion and Affidavit to Waive Fees for district and justice courts; appeals use a different affidavit and application).
- Fill it out honestly and attach proof if you rely on benefits or legal aid (an approval letter, a benefits statement, or a legal aid letter).
- File it with your case papers and ask the clerk about the process for your court.
- Watch for a response. The court decides. If it denies the waiver, ask the clerk or the Self-Help Center what you can do (for example, a payment plan or refiling with more information).
Check with the clerk about fees that fall outside the waiver (for example, costs charged by third parties).
Related guides
- How to Find Free or Low-Cost Legal Help in Utah
- Utah Expungement Cost and Utah Small Claims Filing Fees
- Utah Divorce Cost
- Utah Eviction Forms
Frequently asked questions
What income qualifies for a fee waiver?
At or below 150% of the federal poverty level for your household size, or if you receive means-tested benefits, or have legal aid, or show hardship.
Do I have to prove I get SNAP or Medicaid?
The affidavit must show it; attach proof if the form or clerk asks.
What if I lie on the form?
Intentionally or knowingly giving false or misleading information to get a waiver is a crime.
Does the waiver cover every cost?
It covers prepayment of fees, costs and security that the court waives; ask the clerk about anything not covered.