Utah Code 78B-5-825. Attorney fees — Award where action or defense in bad faith — Exceptions
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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).
Terms Used In Utah Code 78B-5-825
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
(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).