Rule 73 Attorney fees

(a) Time in which to claim. Attorney fees may be claimed by filing a motion for attorney fees no later than 14 days after the judgment is entered, except as provided in paragraph (f), or in accordance with Utah Code section 75-3-718 when no objection to the fee has been made.

(b) Content of motion. The motion must:

(1) specify the statute, rule, contract, judgment, or other basis entitling the party to the award;

(2) disclose, if the court orders, the terms of any agreement about fees for the services for which the claim is made;

(3) specify factors showing the reasonableness of the fees, if applicable;

(4) specify the amount of attorney fees claimed and any amount previously awarded; and

(5) disclose if the attorney fees are for services rendered to an assignee or a debt collector, the terms of any agreement for sharing the fee, and a statement that the attorney will not share the fee in violation of Rule 5.4 of the Utah Rules of Professional Conduct.

(c) Supporting affidavit. The motion must be supported by an affidavit or declaration that (1) reasonably describes the time spent and work performed, including for each item of work the name, position (such as attorney, paralegal, administrative assistant, etc.), and hourly rate of the persons who performed the work, and (2) establishes that the claimed fee is reasonable.

(d) Liability for fees. The court may decide issues of liability for fees before receiving submissions on the value of services. If the court has already determined liability for fees, the party claiming them may file an affidavit as provided in paragraph (c) and a proposed order. The court may enter an order for the claimed amount unless another party objects within seven days after the affidavit and proposed order are filed.

(e) Fees claimed in complaint. If a party claims attorney fees under paragraph (f), the complaint must state the basis for attorney fees, cite the law or attach a copy of the contract authorizing the award, and state that the attorney will not share the fee in violation of Rule 5.4 of the Utah Rules of Professional Conduct.

(f) Fees. Attorney fees awarded under this rule may be augmented upon submission of a motion and supporting affidavit meeting the requirements of paragraphs (b) and (c) within a reasonable time after the fees were incurred, except as provided in this paragraph, and only where the augmented fees sought exceed those fees that were already awarded.

(1) Fees upon entry of uncontested judgment. When a party seeks a judgment, the responding party does not contest entry of judgment by presenting either evidence or argument at a hearing, and the party seeking the judgment has complied with paragraph (e), then the request for judgment may include a request for attorney fees. The clerk or the court will allow any amount requested up to $475.00 for those attorney fees without a supporting affidavit.

(2) Fees upon entry of judgment after contested proceeding. When a party seeks a judgment, the responding party contests the judgment by presenting either evidence or argument at a hearing, and the party seeking the judgment has established its right to attorney fees, then the request for judgment may include a request for attorney fees. The clerk or the court will allow any amount requested up to $1,020.00 for those attorney fees without a supporting affidavit.

(3) Post-judgment collections. When a party has established an entitlement to attorney fees under any paragraph of this rule, and subsequently:

(A) applies for any writ under Rules 64, 64A, 64B, 64C, 64D, or 64E; or

(B) files a motion under Rules 64(c)(2) or 58C or under Utah Code section 35A-4-314,

then the party may request as part of the application for a writ or in the motion that the party’s judgment be augmented according to the following schedule. The clerk or the court will allow that augmented attorney fees request without a supporting affidavit if it approves the writ or motion.

(4) Fees in excess of the schedule. If a party seeks attorney fees in excess of the amounts set forth in this paragraph, then the party must comply with paragraphs (a) through (c).

(5) Objections. Nothing in this paragraph eliminates any right a party may have to object to any claimed attorney fees.