Utah Legal Documents: Affidavits, Declarations, and More

Disclaimer: This article provides general educational information about Utah legal documents and is not legal advice. Legal requirements vary by case type and court. For advice about your specific situation, consult with a Utah-licensed attorney.

Utah has specific requirements for legal documents including affidavits, declarations, and verified pleadings. This guide provides an overview of common document types used in Utah courts.

Utah vs. Other States

Utah has some unique features:

• Accepts unsworn declarations under penalty of perjury
• Allows remote online notarization (RON)
• Has specific formatting requirements for court documents
• Requires e-filing in many courts

Types of Legal Documents in Utah

1. Affidavits

Sworn statements made under oath before a notary.

Utah Requirements:

• Clear venue (State of Utah, County of [County Name])
• Statement of personal knowledge
• Numbered facts
• Oath/affirmation language
• Notary signature and seal

2. Declarations

Unsworn statements made under penalty of perjury.

Utah Law:

Utah law (Utah Code § 78B-5-705) allows unsworn declarations in certain circumstances. These declarations typically include a statement such as:

"I declare under penalty of perjury under the laws of the State of Utah that the foregoing is true and correct."

Note: Not all courts or situations accept unsworn declarations. Verify what your court requires.

3. Verified Pleadings

Court documents verified by affidavit or declaration.

When to Use Each Document Type

Note: The appropriate document type depends on your specific court's requirements and the purpose of the filing. When in doubt, consult with an attorney or your court clerk.

Affidavits are commonly used for:

• Situations where specifically required by court rule
• Filings in other states that may not recognize Utah declarations
• Supporting significant motions
• Recording documents with government offices

Declarations may be appropriate when:

• Permitted by applicable Utah law and court rules
• Notarization is not specifically required
• Supporting routine court filings
• Speed or cost are considerations

Always verify which format your specific court requires before filing.

Utah Court Requirements

Important: Court requirements vary by district and change over time. Always check with your specific court for current requirements.

District Courts

• Generally follow Utah Rules of Civil Procedure
• E-filing required in most cases
• Specific formatting rules often apply
• Font and margin requirements may apply

Justice Courts

• Typically less formal procedures than district courts
• May accept handwritten documents in some cases
• Notarization usually required for affidavits
• Generally more flexible formatting

Common Uses in Utah

Family Law

• Financial declarations
• Affidavits of income
• Custody declarations
• Service affidavits

Real Estate

• Affidavits of heirship
• Affidavits of occupancy
• Property declarations
• Title affidavits

Probate

• Affidavits for small estates
• Heirship affidavits
• Self-proving will affidavits
• Creditor declarations

Utah Notary Information

Maximum Fees:

• $10 per signature
• Additional fees for mobile service
• Travel fees vary by notary

Where to Find Utah Notaries:

• Utah.gov notary directory
• Banks and credit unions
• UPS and FedEx locations
• County clerk offices

Remote Online Notarization in Utah

Utah fully authorizes RON (Utah Code § 46-1-16):

Benefits:

• Available 24/7
• No travel needed
• Same legal validity
• Convenient for rural areas

Approved RON Platforms:

• Notarize.com
• Proof.com
• NotaryCam

Utah-Specific Forms

Utah courts provide forms at:

• utcourts.gov
• District court websites
• Self-help centers
• Legal aid offices

Popular Forms:

• Petition for Divorce
• Financial Declaration
• Custody affidavit
• Small estate affidavit

E-Filing in Utah

Most Utah district courts require electronic filing:

Registration:

1. Create account at utah.gov/mycase
2. Verify identity
3. Link to case
4. Upload documents

Format Requirements:

• PDF format
• Searchable text
• Specific naming convention
• Size limits apply

Tips for Utah Legal Documents

✅ Check if declaration is acceptable (cheaper than affidavit) ✅ Use Utah-specific language and citations ✅ Follow court formatting rules exactly ✅ Keep copies of all filings ✅ Consider RON for convenience

Costs for Utah Documents

| Service | Cost | |---------|------| | DIY with template | Free | | Online service | $79-$150 | | Notary fee | $10 max | | Attorney | $250-$500 | | Court filing fee | Varies |

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