Current through the 2024 Fourth Special Session
Section 78A-2-303 - False affidavit - Penalty(1) An individual may assert by affidavit that an affidavit of indigency under Section 78A-2-302, action, or appeal is: (b) frivolous or without merit; or(2) Upon receipt of an affidavit in accordance with Subsection (1), the court may notify the affiant of the challenge and set a date, not less than five days from receipt of the notice, requiring the affiant to appear and show cause why the affiant should not be required to: (a) post a bond for the costs of the action or appeal; or(b) pay the legal fees for the action or appeal.(3) The court may dismiss the action or appeal if: (a) the affiant does not appear;(b) the affiant appears and the court determines the affidavit is false, frivolous, without merit, or malicious; or(c) the court orders the affiant to post a bond or pay the legal fees and the affiant fails to do so.Amended by Chapter 272, 2022 General Session ,§ 5, eff. 5/4/2022.Renumbered and Amended by Chapter 3, 2008 General Session.