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:

• 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)

Do you receive legal services from a nonprofit provider or a pro bono attorney through the Utah State Bar? (click to expand)

What is your monthly income before taxes? (click to expand)

Can you afford to pay the court fees and provide yourself and your family with food, shelter, clothing, or other necessities? (click to expand)

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:
• the Probate Cover Sheet if you are filing a probate case, a guardianship, adoption, name change, or sex change case - PDF | Word
• the Justice Court Cover Sheet if you are filing in Small Claims - PDF
• the Civil Cover Sheet for any other kind of case - PDF | Word
• 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

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Information about filing documents in existing cases by email

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

Divorce, Custody, Paternity, Annulment, Temporary Separation, or Separate Maintenance

Forms for Juvenile Court

Form for Appellate Courts

Something else

Related Information

• Fee Statute: Utah Code Section 78A-2-301
• Fee Waiver Statutes: Utah Code Sections 78A-2-302 through 78A-2-309
• Fee Summary
• Filing Procedures
• Finding an Attorney
• Free Legal Clinics
• Rule 4-508. Guidelines for ruling on a motion to waive fees

The Utah State Courts mission is to provide the people an open, fair, efficient, and independent system for the advancement of justice under the law.