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Senate approves higher small-claims limits and adjusted filing fees after access-to-justice debate
Summary
The Senate passed a compromise to raise the small-claims jurisdictional limit to $12,500 and adjusted filing fees after floor negotiations and an amendment. Supporters said it expands affordable access to court; critics warned higher fees could deter low-income claimants.
The Utah Senate adopted amendments to Second Substitute Senate Bill 176 on Day 37, raising the small-claims jurisdictional limit and revising filing fees.
Senator Urquhart and colleagues negotiated Amendment No. 2 to increase jurisdictional amounts — the sponsor described the negotiated change as raising the small-claims limit to $12,500 from the earlier proposal of $2,000 and adjusting the fee schedule. The amendment was presented as a compromise reached with justice courts and affected cities.
Senator Kirkhart and others raised access-to-justice concerns, asking whether higher filing fees would make court less available to those with smaller claims. Kirkhart highlighted that for the lowest-value claims the filing fee had been raised (from $45 to $75 in some categories) and questioned whether that change helped the least-affluent claimants. The sponsor responded that the $75 figure reflected negotiation with courts and cities and was lower than earlier proposals.
Supporters including Senator Maine framed the bill as necessary to support the courts’ operations; critics warned small increases can have outsized effects on access for poor litigants.
On roll call the amended bill passed, receiving 22 yea votes, 5 nay votes and 2 absences; it will be forwarded to the House for their action.
