Title 78B Chapter 5 Section 825

Judicial Code
Procedure and Evidence
Section 825
Attorney fees -- Award where action or defense in bad faith -- Exceptions.

            

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

            (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 its 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 impecuniosity 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).


Renumbered and Amended by Chapter 3, 2008 General Session