Rule 73. Attorney fees.
(a) Time in which to claim. Attorney fees mustbe claimed by filing a motion for attorney fees no later than 14 days after thejudgment is entered, except as provided in paragraph (f) of this rule, or inaccordance with Utah Code ? 75-3-718,and no objection to the fee has been made.
(b) Content of motion. The motion must:
(b)(1) specify the statute, rule, contract, judgment, or otherbasis entitling the party to the award;
(b)(2) disclose, if the court orders, the terms of any agreement aboutfees for the services for which the claim is made;
(b)(3) specify factorsshowing 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 services renderedto an assignee or a debt collector, the terms of any agreement for sharing thefee and a statement that the attorney will not share the fee in violation ofRule of Professional Conduct 5.4.
(c) Supporting affidavit. The motion must besupported by an affidavit or declaration that reasonably describes the timespent and work performed, including for each item of work the name, position(such as attorney, paralegal, administrative assistant, etc.) and hourly rateof the persons who performed the work, and establishes that the claimed fee isreasonable.
(d) Liability for fees. The court maydecide issues of liability for fees before receiving submissions on the valueof services. If the court has established liability for fees, the partyclaiming them may file an affidavit and a proposed order. The court will enteran order for the claimed amount unless another party objects within 7 days afterthe affidavit and proposed order are filed.
(e) Fees claimed in complaint. If a party claimsattorney fees under paragraph (f), the complaint must state the basis forattorney fees, cite the law or attach a copy of the contract authorizing theaward, and state that the attorney will not share the fee in violation of Ruleof Professional Conduct 5.4.
(f) Fees. Attorney feesawarded under this rule may be augmented upon submission of a motion andsupporting affidavit meeting the requirements of paragraphs (b) and (c) within areasonable time after the fees were incurred, except as provided in paragraphs (f)(1),(f)(2) and (f)(3), and only where the augmented fees sought exceed thosealready awarded.
(f)(1) Fees upon entry of uncontested judgment.When a party seeks a judgment, the responding party does not contest entry ofjudgment by presenting at a hearing either evidence or argument, and the partyseeking the judgment has complied with paragraph (e) of this rule, the requestfor judgment may include a request for attorney fees, and the clerk or thecourt shall allow any amount requested up to $350.00 for such attorney feeswithout a supporting affidavit.
(f)(2) Fees upon entry of judgment after contestedproceeding. When a party seeks a judgment, the responding party conteststhe judgment by presenting at a hearing either evidence or argument, and theparty seeking the judgment has established its right to attorney fees, therequest for judgment may include a request for attorney fees, and the clerk orthe court shall allow any amount requested up to $750 for such attorney feeswithout a supporting affidavit.?
(f)(3) Post Judgment Collections. When a partyhas established its entitlement to attorney fees under any paragraph of this rule,and subsequently:
(f)(3)(A) applies forany writ pursuant to Rules 64, 64A, 64B, 64C, 64D, or 64E; or
(f)(3)(B) files a motion pursuant to Rules 64(c)(2) or 58Cor pursuant to Utah Code ? 35A-4-314,
the party may request as part of its applicationfor a writ or its motion that the party?s judgment be augmented according to thefollowing schedule, and the clerk or the court shall allow such augmentedattorney fees request without a supporting affidavit if it approves the writ ormotion:?
Attorney Fees Allowed
Application for any writ under Rules 64, 64A, 64B, 64C, or 64E, and first application for a writ under Rule 64D
to any particular garnishee;
Any subsequent application for a writ under Rule 64D
to the same garnishee;
Any motion filed with the court under Rule 64(c)(2),
Utah Code ? 35A-4-314, or Rule 58C;
Any subsequent motion under Rule 64(c)(2),
Utah Code ? 35A-4-314, or Rule 58C
filed within 6 months of the previous motion.
(f)(4) Fees in excess of the schedule. If aparty seeks attorney fees in excess of the amounts set forth in paragraphs (f)(1), (f)(2), or (f)(3), the party shall comply with paragraphs(a) through (c) of this rule.?
(f)(5)Objections. Nothing in thisparagraph shall be deemed to eliminate any right a party may have to object toany claimed attorney fees. ?
Advisory Committee Notes:
An overwhelming number of cases filed in the courts, especiallydebt collection cases, resultin the entry of an uncontested judgment. The work required in most cases toobtain an uncontested judgment does not typically depend on the amount atissue. As such, the prior schedule of fees based on the amount of damages hasbeen eliminated, and instead replaced by a single fee upon entry of anuncontested judgment that is intended to approximate the work required in thetypical case. A second amount is provided where the case is contested and feesare allowed, again in an effort to estimate the typical cost of litigating suchcases. Where additional work is required to collect on the judgment, therevised rule provides a default amount for writs and certain motions andeliminates the ?considerable additional efforts? limitation of the prior rule.It also recognizes that defendants often change jobs, and thus provides forsuch default amounts to vary depending on whether a new garnishee is requiredto collect on the outstanding amount of the judgment. Thus, the amended ruleattempts to match the scheduled amounts to the work required of attorneys,rather than tying the scheduled amounts solely to the damages claimed. But therule remains flexible so that when attorney fees exceed the scheduled amounts,a party remains free to file an affidavit requesting appropriate fees inaccordance with the rule.
Rule73 has been amended in response to McQuarriev. McQuarrie, 2017 UT App 209, and Chaparro v. Torero,2018 UT App 181, to clarify that the rule applies to all motions for attorneyfees, not just post-judgment motions.
Prior rule amendmentsand committee discussions
Formore information on prior rule amendments, please visit https://www.utcourts.gov/utc/rules-approved/. Prior versions ofthe court rules and pre-2004 court rule amendments are also available at theState Law Library: https://www.utcourts.gov/lawlibrary/.
For discussion materials on rule amendments,please visit the web blog of the Advisory Committee on the Utah Rules of CivilProcedure at https://www.utcourts.gov/utc/civproc/.?