Utah § 78B-5-825 Attorney fees -- Award where action or defense in bad faith -- Exceptions.

Utah Statutes

§ 78B-5-825 — Attorney fees -- Award where action or defense in bad faith -- Exceptions.

Utah § 78B-5-825

Title 78BJudicial Code

Ch. 78B-5Trial, Judgment, and Appeal

Part 78B-5-8Miscellaneous

This text of Utah § 78B-5-825 (Attorney fees -- Award where action or defense in bad faith -- Exceptions.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 78B-5-825 (2026).

Text

(1)In civil actions, the court shall award reasonable attorney fees to a prevailing party if the court determines that the action or defense to the action was without merit and not brought or asserted in good faith, except under Subsection (2).

(2)The court, in the court's discretion, may award no fees or limited fees against a party under Subsection (1), but only if the court:

(2)(a) finds the party has filed an affidavit of indigency under Section 78A-2-302 in the action before the court; or

(2)(b) the court enters in the record the reason for not awarding fees under the provisions of Subsection (1).

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(1) In civil actions, the court shall award reasonable attorney fees to a prevailing party if the court determines that the action or defense to the action was without merit and not brought or asserted in good faith, except under Subsection (2).
(2) The court, in the court's discretion, may award no fees or limited fees against a party under Subsection (1), but only if the court:

(2)(a) finds the party has filed an affidavit of indigency under Section 78A-2-302 in the action before the court; or
(2)(b) the court enters in the record the reason for not awarding fees under the provisions of Subsection (1).