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

Current as of January 01, 2025 | Updated by Findlaw Staff

(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:

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

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

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Cite this article: FindLaw.com - Utah Code Title 78B. Judicial Code § 78B-5-825. Attorney fees--Award where action or defense in bad faith--Exceptions - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-78b-judicial-code/ut-code-sect-78b-5-825/

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