Rule 102. Motion and Order for Payment of Costs and Fees

Effective: May 1, 2026

(a) Motion for Costs and Fees

In an action under Utah Code section 81-1-203(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 must 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:

(1) Prior to the commencement of the action.

(2) During the action.

(3) After entry of judgment for the costs of enforcement of the judgment.

(b) Grounds for Granting the Motion

The court may grant the motion, in whole or in part, if the court finds that:

(1) The moving party lacks the financial resources to pay the costs and fees.

(2) The nonmoving party has the financial resources to pay the costs and fees.

(3) The costs and fees are necessary for the proper prosecution or defense of the action.

(4) The amount of the costs and fees is reasonable.

(c) Order

The order will specify the amount of costs and fees to be paid.

The award must be paid within 30 days of entry of the order in a lump sum unless the court orders otherwise.

(d) Payment

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.