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Rule 102

Rule 102. Motion and order for payment of costs and fees.

(a) In an action under Utah Code Section 30-3-3(1), eitherparty may move the court for an order requiring the other party to providecosts, attorney fees, and witness fees, including expert witness fees, toenable the moving party to prosecute or defend the action. The motion shall beaccompanied by an affidavit setting forth the factual basis for the motion andthe amount requested. The motion may include a request for costs or feesincurred:

(a)(1) prior to the commencement of the action;

(a)(2) during the action; or

(a)(3) after entry of judgment for the costs of enforcementof the judgment.

(b) The court may grant the motion if the court finds that:

(b)(1) the moving party lacks the financial resources to paythe costs and fees;

(b)(2) the non moving party has the financial resources topay the costs and fees;

(b)(3) the costs and fees are necessary for the properprosecution or defense of the action; and

(b)(4) the amount of the costs and fees are reasonable.

(c) The court may deny the motion or award limited paymentof costs and fees if the court finds that one or more of the grounds inparagraph (b) is missing or enters in the record the reason for denial of themotion.

(d) The order shall specify the costs and fees to be paidwithin 30 days of entry of the order or the court shall enter findings of factthat a delay in payment will not create an undue hardship to the moving partyand will not impair the ability of the moving party to prosecute or defend theaction. The order shall specify the amount to be paid. The court may order theamount to be paid in a lump sum or in periodic payments. The court may orderthe fees to be paid to the moving party or to the provider of the services forwhich the fees are awarded.