UtahH.B. 3072026 General SessionHouseWALLET

Attorney Fees Amendments

Sponsored By: Anthony E. Loubet (Republican)

Signed by Governor

AttorneysJudicial AdministrationJudicial OperationsCivil Litigation

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 0 costs, 3 mixed.

Abusive new-trial requests risk paying legal fees

After arbitration, a court may make someone who requests a new trial pay the other party’s reasonable attorney fees. The other party must ask for fees. The court must find the request aimed to harass, cause unreasonable delay, needlessly increase costs, or abuse the court process. This covers dog-attack injuries, uninsured and underinsured motorist claims, and third-party car accident claims. Beginning May 6, 2026, it also covers district-court new-trial requests under Utah Code 78B-10a-107(2).

Baseless civil filings can trigger legal fees

Beginning May 6, 2026, Utah courts must award reasonable attorney fees for qualifying abusive civil cases, defenses, and motions. The case, defense, or motion must be frivolous or lack a reasonable basis in law or fact. It must also aim to harass, cause unreasonable delay, needlessly increase costs, or abuse the court process. Fees go to the winning party in a civil action or a party that incurred fees defending an opposing motion. Courts may limit or deny fees if the party facing payment filed an affidavit of indigency, or the court records its reason.

Abusive home-lien trial requests risk legal fees

Beginning May 6, 2026, courts may award reasonable attorney fees after an abusive new-trial request in an excessive residential lien dispute. The claim must involve a preconstruction or construction lien notice for $50,000 or less. The party that did not request the new trial must ask for fees. The court must find the request aimed to harass, cause unreasonable delay, needlessly increase costs, or abuse the court process. The party making that request can be required to pay the other party’s fees.

Sponsors & Cosponsors

Sponsor

Anthony E. Loubet
Republican • House

Cosponsors

Brady Brammer
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 126 • No: 0

Senate vote • 3/2/2026

Senate/ passed 3rd reading

Yes: 27 • No: 0

Senate vote • 2/24/2026

Senate Comm - Consent Calendar Recommendation

Yes: 6 • No: 0

Senate vote • 2/24/2026

Senate Comm - Favorable Recommendation

Yes: 6 • No: 0

House vote • 2/17/2026

House/ passed 3rd reading

Yes: 71 • No: 0

House vote • 2/5/2026

House Comm - Favorable Recommendation

Yes: 8 • No: 0