78A-2-302 - Impecunious litigants -- Affidavit.
78A-2-302. Impecunious litigants -- Affidavit.
(1) For purposes of Sections 78A-2-302 through 78A-2-309:
(a) "Convicted" means a conviction by entry of a plea of guilty or nolo contendere, guiltyand mentally ill, no contest, and conviction of any crime or offense.
(b) "Prisoner" means a person who has been convicted of a crime and is incarcerated forthat crime or is being held in custody for trial or sentencing.
(2) As provided in this chapter, any person may institute, prosecute, defend, and appealany cause in any court in this state without prepayment of fees and costs or security, by takingand subscribing, before any officer authorized to administer an oath, an affidavit ofimpecuniosity demonstrating financial inability to pay fees and costs or give security.
(3) The affidavit shall contain complete information on the party's:
(a) identity and residence;
(b) amount of income, including government financial support, alimony, child support;
(c) assets owned, including real and personal property;
(d) business interests;
(e) accounts receivable;
(f) securities, checking and savings account balances;
(g) debts; and
(h) monthly expenses.
(4) If the party is a prisoner, he shall also disclose the amount of money held in hisprisoner trust account at the time the affidavit is executed as provided in Section 78A-2-305.
(5) In addition to the financial disclosures, the affidavit shall state the following:
I, A B, do solemnly swear or affirm that due to my poverty I am unable to bear theexpenses of the action or legal proceedings which I am about to commence or the appeal which Iam about to take, and that I believe I am entitled to the relief sought by the action, legalproceedings, or appeal.
Renumbered and Amended by Chapter 3, 2008 General Session