78A-2-303. False affidavit -- Penalty.
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Effective 5/4/2022
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:
(a)false;
(b)frivolous or without merit; or
(c)malicious.
(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