UtahUtah courts award lawyer fees for baseless, abusive legal actions
Utah courts award reasonable lawyer fees for baseless lawsuits, defenses, or court requests brought for abusive purposes, with exceptions allowing judges to reduce or deny payment.
What it does
The winning side receives reasonable lawyer fees when the losing side’s claim or defense is baseless and brought for an abusive purpose. Judges may reduce or deny payment.
People who pay lawyers to oppose a baseless court request brought for an abusive purpose receive reasonable lawyer fees. Judges may reduce or deny payment.
Someone who requests a fresh court trial after arbitration for an abusive purpose may have to pay the other side’s reasonable lawyer fees. The other side must request payment.
Argument forPeople defending against baseless court requests meant to harass them could recover lawyer fees instead of bearing those costs themselves.
Argument againstPeople whose court requests are found baseless and abusive could owe the other side’s lawyer fees, even without losing the whole lawsuit.
More detail
Courts must award reasonable lawyer fees to the winning side when both tests are met, unless an exception applies. This rule covers Utah civil lawsuits. The losing side’s claim or defense must have no reasonable basis in law or fact, or be frivolous. It must also aim to harass, cause unreasonable delay, needlessly increase lawsuit costs, or abuse the court process. Judges may reduce or deny fees if the party filed a sworn statement of inability to pay or the judge records a reason for denying fees. The law took effect on May 6, 2026.
Courts must award reasonable lawyer fees spent opposing a baseless, abusive court request, unless an exception applies. This covers fees paid to oppose a motion—a request for a court ruling—in a civil lawsuit. The request must be frivolous or have no reasonable basis in law or fact. It must also aim to harass, cause unreasonable delay, needlessly increase lawsuit costs, or abuse the court process. Judges may reduce or deny fees if the party filed a sworn statement of inability to pay or the judge records a reason for denying fees. The law took effect on May 6, 2026.
Courts may award the other side reasonable lawyer fees when someone requests a fresh trial after arbitration for an abusive purpose. This covers specified arbitration cases, including injury claims, vehicle insurance disputes, and residential construction lien disputes—claims involving builders’ demands against property for payment. The other side must ask for fees, and the judge must find a purpose to harass, cause unreasonable delay, needlessly increase lawsuit costs, or abuse the court process. The construction lien rule covers notices of $50,000 or less for one single-family home or one residential building with no more than four units. The law took effect on May 6, 2026.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 23Governor Spencer Cox SignedBecame Law
- Mar 12House/ to GovernorTo Governor
- Mar 12House/ received enrolled bill from PrintingMinor
- Mar 11House/ enrolled bill to Printing
- Mar 11Enrolled Bill Returned to House or SenateMinor
- Mar 4Draft of Enrolled Bill Prepared
- Mar 4Bill Received from House for EnrollingMinor
- Mar 2House/ signed by Speaker/ sent for enrollingMajor
- Vote recorded Senate/ passed 3rd reading. Result: pass.Upper
- Mar 2House/ received from SenateMinor
- Mar 2Senate/ to House
- Mar 2Senate/ signed by President/ returned to HouseMajor
- Mar 2Senate/ passed 3rd readingPassed Senate
- Mar 2Senate/ 3rd readingMinor
- Feb 25Senate/ 2nd readingMinor
- Feb 25Senate/ comm rpt/ placed on Consent Calendar [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]
- Feb 25Senate Comm - Consent Calendar Recommendation [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]
- Feb 25Senate Comm - Favorable Recommendation [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]Minor
- Feb 19Senate/ to standing committee [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]Minor
- Feb 18Senate/ 1st reading (Introduced)Minor
- Feb 17Senate/ received from HouseMinor
- Vote recorded House/ passed 3rd reading. Result: pass.Lower
- Feb 17House/ to Senate
- Feb 17House/ passed 3rd readingPassed House
- Feb 17House/ 3rd readingMinor
- Feb 10LFA/ fiscal note publicly available for HB0307S01
- Feb 10LFA/ fiscal note sent to sponsor for HB0307S01
- Feb 6House/ 2nd readingMinor
- Feb 6House/ comm rpt/ substituted [House Judiciary Committee]
- Feb 5House Comm - Favorable Recommendation [House Judiciary Committee]Minor
- Feb 5House Comm - Substitute Recommendation [House Judiciary Committee]Major
- Feb 5LFA/ bill sent to agencies for fiscal input for HB0307S01
- Feb 5LFA/ bill assigned to staff for fiscal analysis for HB0307S01
- Feb 3House/ to standing committee [House Judiciary Committee]Minor
- Jan 27House/ received fiscal note from Fiscal AnalystMinor
- Jan 27LFA/ fiscal note publicly available for HB0307
- Jan 27LFA/ fiscal note sent to sponsor for HB0307
- Jan 22House/ 1st reading (Introduced)Minor
- Jan 22House/ received bill from Legislative ResearchMinor
- Jan 21LFA/ bill sent to agencies for fiscal input for HB0307
- Jan 21LFA/ bill assigned to staff for fiscal analysis for HB0307
- Jan 21Numbered Bill Publicly Distributed
- Jan 21Bill Numbered but not DistributedIntroduced
Government & Ethics