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Rule 73. Attorney fees.

(a) Time in which to claim. Attorneyfees must be claimed by filing a motion for attorney fees no later than 14 daysafter the judgment is entered unless the party claims attorney fees inaccordance with the schedule in paragraph (f) or in accordance with Utah CodeSection 75-3-718 and no objection to the fee has been made.

(b) Content of motion. Themotion must:

(b)(1)? specify the judgmentand the statute, rule, contract, or other basis entitling the party to theaward;

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

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

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

(b)(5)disclose if the attorney fees are for servicesrendered to an assignee or a debt collector, the terms of any agreement forsharing the fee and a statement that the attorney will not share the fee inviolation of Rule of Professional Conduct 5.4.

(c) Supporting affidavit.The motion must be supported by an affidavit or declaration that reasonably describesthe time spent and work performed, including for each item of work the name,position (such as attorney, paralegal, administrative assistant, etc.) andhourly rate of the persons who performed the work.

(d) Liability for fees. Thecourt may decide issues of liability for fees before receiving submissions onthe value of services. If the court has established liability for fees, theparty claiming them may file an affidavit and a proposed order. The court will enter an order for the claimedamount unless another party objects within 7 days after the affidavit andproposed order are filed.

(e) Fees claimed in complaint. Ifa party claims attorney fees under paragraph (f), the complaint must state thebasis for attorney fees, state the amount of attorney fees allowed by theschedule, cite the law or attach a copy of the contract authorizing the award,and, if the attorney fees are for services rendered to an assignee or a debtcollector, a statement that the attorney will not share the fee in violation ofRule of Professional Conduct 5.4.

(f) Schedule of fees. Attorneyfees awarded under the schedule may be augmented only for considerableadditional efforts in collecting or defending the judgment and only afterfurther order of the court.

Amount of Damages, Exclusive of Costs, Attorney Fees and Post-Judgment Interest, Between

and:

Attorney Fees Allowed

0.00

1,500.00

250.00

1,500.01

2,000.00

325.00

2,000.01

2,500.00

400.00

2,500.01

3,000.00

475.00

3,000.01

3,500.00

550.00

3,500.01

4,000.00

625.00

4,000.01

4,500.00

700.00

4,500.01

or more

775.00

AdvisoryCommittee Notes

 

Effective November 1, 2016.