2006 Utah Code - 78-7-43 — False affidavit -- Penalty.

     78-7-43.   False affidavit -- Penalty.
     If it is made to appear to the court by affidavit that the affidavit or affirmation is untrue, or that the action or appeal is frivolous or malicious or without merit, the court may make a rule on the affiant, fixing a day not less than five days from the date of service of such notice, requiring such affiant to appear at a fixed time and place to show cause, if any he has, why he should not give bond and security for the costs of his action or appeal, or pay the legal fees therefor, and, on failure so to do, why his action or appeal should not be dismissed. Should the court be of the opinion that the affidavit or affirmation is untrue, or that said action or appeal is frivolous, malicious or without merit, the court in which such action or appeal is pending may dismiss it.

Renumbered and Amended by Chapter 46, 2001 General Session

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