§ RULE 102 MOTION AND ORDER FOR PAYMENT OF COSTS AND FEES

Codes > Utah Code > Utah Rules > Part XII > 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), either party may move the court for an order requiring the other party to provide costs, attorney fees, and witness fees, including expert witness fees, to enable the moving party to prosecute or defend the action. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amount requested. The motion may include a request for costs or fees incurred:

    (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 enforcement of the judgment.

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

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

    (b)(2) the non-moving party has the financial resources to pay the costs and fees;

    (b)(3) the costs and fees are necessary for the proper prosecution 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 payment of costs and fees if the court finds that one or more of the grounds in paragraph (b) is missing or enters in the record the reason for denial of the motion.

    (d) The order shall specify the costs and fees to be paid within 30 days of entry of the order or the court shall enter findings of fact that a delay in payment will not create an undue hardship to the moving party and will not impair the ability of the moving party to prosecute or defend the action. The order shall specify the amount to be paid. The court may order the amount to be paid in a lump sum or in periodic payments. The court may order the fees to be paid to the moving party or to the provider of the services for which the fees are awarded.