Marziale v Spanish Fork City

City petitioned for review of the Utah court of Appeals decision that an attempted efiling of their complaint that failed because of a credit card error was timely. The Court affirmed. It held that under the plain language of Rule of Civil Procedure 3 and Court precedent construing it, failure of payment by credit card does not affect the timeliness of filing or district court jurisdiction, the district court is authorized to impose sanctions instead and eh statues concerning acceptance of monies by court clerks do not change the analysis. It held that the same rule should apply to the state tort claim act required undertaking reasoning that the act is silent on the issue, the act incorporates the rules of civil procedure to the extent they do not conflict with the act and Rule 3 does not conflict and this construction avoids due process issues given the lack of notice to Marziale that payment of the undertaking failed.