URCP073. Attorney Fees. Amend. An overwhelming number of cases filed in the courts, especially debt collection cases, result in the entry of an uncontested judgment. The work required in most cases to obtain an uncontested judgment does not typically depend on the amount at issue. The amendments eliminate the schedule of fees based on the amount of damages and replace it with a single fee upon entry of an uncontested judgment and a larger fee in contested cases. Where additional work is required to collect on the judgment, the amendments provide a default amount for writs and certain motions, and eliminate the “considerable additional efforts” limitation of the prior rule. The rule remains flexible so that when attorney fees exceed the scheduled amounts, a party remains free to file an affidavit requesting appropriate fees in accordance with the rule.
URCP073. Advisory Committee Notes.
Supreme Court Order
URCP054 Judgment; costs. Amend. Establishes a process to add attorney fees and costs to a judgment.
URCP054 Advisory Committee Notes
URCP058A Entry of judgment; abstract of judgment. Amend. In conjunction with amendments to rule 4 of the Utah Rules of Appellate Procedure, establishes a new policy on time in which to appeal a judgment when a motion for attorney fees has been filed. A motion for attorney fees would have the same effect as a motion under rules 50, 52, and 59 of the Rules of Civil Procedure, extending the time in which to appeal to 30 days after the order on the motion, effectively overturning ProMax Development Corp. v. Raile, 2000 UT 4, 998 P.2d 254.
URCP058A Advisory Committee Note
URCP073 Attorney fees. Amend. Modifies the process for claiming attorney fees. Adopts many features of FRCP 54(d).
Supreme Court Order
URCP 051. Instructions to jury; objections. Amend. Permits the judge discretion to repeat earlier instructions as necessary.
URCP 073. Attorney fees. Amend. Requires a statement that attorney will not split fees in violation of Code of Professional Responsibility.
Supreme Court Order.