Rule 73.Attorney fees

Part IX: Attorneys · Last amended May 1, 2026 · Last verified July 13, 2026

This rule prints two full, separately-dated versions in the official compilation (a pending-amendment straddle); both are shown below.

In one sentenceSets the deadline, procedure, and fee schedule for claiming attorney fees after judgment in a civil case.

Full Text of Rule 73

Text sizeEffective until May 1, 2026 — jump to: (a) (b) (c) (d) (e) (f) (g)

Effective May 1, 2026 — jump to: (a) (b) (c) (d) (e) (f)

Rule 73. Attorney fees — Effective until May 1, 2026

(a) Time in which to claim. Attorney fees must be claimed by filing a motion for attorney fees no later than 14 days after the judgment is entered, except as provided in paragraph (f) or (g) of this rule, or in accordance with Utah Code section 75-3-718, and no objection to the fee has been made.

(b) Content of motion. The motion must:

(1) specify the statute, rule, contract, judgment, or other basis entitling the party to the award;

(2) disclose, if the court orders, the terms of any agreement about fees for the services for which the claim is made;

(3) specify factors showing the reasonableness of the fees, if applicable;

(4) specify the amount of attorney fees claimed and any amount previously awarded; and

(5) disclose if the attorney fees are for services rendered to an assignee or a debt collector, the terms of any agreement for sharing the fee and a statement that the attorney will not share the fee in violation of Rule of Professional Conduct 5.4.

(c) Supporting affidavit. The motion must be supported by an affidavit or declaration that reasonably describes the time spent and work performed, including for each item of work the name, position (such as attorney, paralegal, administrative assistant, etc.) and hourly rate of the persons who performed the work, and establishes that the claimed fee is reasonable.

(d) Liability for fees. The court may decide issues of liability for fees before receiving submissions on the value of services. If the court has established liability for fees, the party claiming them may file an affidavit and a proposed order. The court will enter an order for the claimed amount unless another party objects within 7 days after the affidavit and proposed order are filed.

(e) Fees claimed in complaint. If a party claims attorney fees under paragraph (f), the complaint must state the basis for attorney fees, cite the law or attach a copy of the contract authorizing the award, and state that the attorney will not share the fee in violation of Rule of Professional Conduct 5.4.

(f) Fees. Attorney fees awarded under this rule may be augmented upon submission of a motion and supporting affidavit meeting the requirements of paragraphs (b) and (c) within a reasonable 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 those already awarded.

(1) Fees upon entry of uncontested judgment. When a party seeks a judgment, the responding party does not contest entry of judgment by presenting at a hearing either evidence or argument, and the party seeking the judgment has complied with paragraph (e) of this rule, the request for judgment may include a request for attorney fees, and the clerk or the court shall allow any amount requested up to $350.00 for such attorney fees without a supporting affidavit.

(2) Fees upon entry of judgment after contested proceeding. When a party seeks a judgment, the responding party contests the judgment by presenting at a hearing either evidence or argument, and the party seeking the judgment has established its right to attorney fees, the request for judgment may include a request for attorney fees, and the clerk or the court shall allow any amount requested up to $750 for such attorney fees without a supporting affidavit.

(3) Post Judgment Collections. When a party has established its entitlement to attorney fees under any paragraph of this rule, and subsequently:

(A) applies for any writ pursuant to Rules 64, 64A, 64B, 64C, 64D, or 64E; or

(B) files a motion pursuant to Rules 64(c)(2) or 58C or pursuant to Utah Code section 35A-4-314,

the party may request as part of its application for a writ or its motion that the party’s judgment be

augmented according to the following schedule, and the clerk or the court shall allow such

augmented attorney fees request without a supporting affidavit if it approves the writ or motion:

Action Attorney Fees

Allowed

Application for any writ under Rules 64, 64A, 64B, 64C, or

64E, and first application for a writ under Rule 64D $75.00

to any particular garnishee;

Any subsequent application for a writ under Rule 64D $25.00 to the same garnishee;

Any motion filed with the court under Rule 64(c)(2), $75.00 Utah Code § 35A-4-314, or Rule 58C;

Any subsequent motion under Rule 64(c)(2), $25.00 Utah Code § 35A-4-314, or Rule 58C

filed within 6 months of the previous motion.

(4) Fees in excess of the schedule. If a party 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.

(5) Objections. Nothing in this paragraph shall be deemed to eliminate any right a party may have to object to any claimed attorney fees.

(g) Attorney fees in an election case. In a case relating to a voting contest, an election, or the establishment of boundaries of political district for purposes of an election, a party may not file a motion for attorney fees until after:

(1) the time for all parties to appeal from the judgement expires without either party filing a motion to appeal; or

(2) a party appeals the judgement and an appellate court enters a decision non the appeal.

Rule 73. Attorney fees — Effective May 1, 2026

(a) Time in which to claim. Attorney fees may be claimed by filing a motion for attorney fees no later than 14 days after the judgment is entered, except as provided in paragraph (f), or in accordance with Utah Code section 75-3-718, when no objection to the fee has been made.

(b) Content of motion. The motion must:

(1) specify the statute, rule, contract, judgment, or other basis entitling the party to the award;

(2) disclose, if the court orders, the terms of any agreement about fees for the services for which the claim is made;

(3) specify factors showing the reasonableness of the fees, if applicable;

(4) specify the amount of attorney fees claimed and any amount previously awarded; and

(5) disclose if the attorney fees are for services rendered to an assignee or a debt collector, the terms of any agreement for sharing the fee, and a statement that the attorney will not share the fee in violation of Rule 5.4 of the Utah Rules of Professional Conduct.

(c) Supporting affidavit. The motion must be supported by an affidavit or declaration that (1) reasonably describes the time spent and work performed, including for each item of work the name, position (such as attorney, paralegal, administrative assistant, etc.), and hourly rate of the persons who performed the work, and (2) establishes that the claimed fee is reasonable.

(d) Liability for fees. The court may decide issues of liability for fees before receiving submissions on the value of services. If the court has already determined liability for fees, the party claiming them may file an affidavit as provided in paragraph (c) and a proposed order. The court may enter an order for the claimed amount unless another party objects within seven days after the affidavit and proposed order are filed.

(f) Fees. Attorney fees awarded under this rule may be augmented upon submission of a motion and supporting affidavit meeting the requirements of paragraphs (b) and (c) within a reasonable time after the fees were incurred, except as provided in this paragraph, and only where the augmented fees sought exceed those fees that were already awarded.

(1) Fees upon entry of uncontested judgment. When a party seeks a judgment, the responding party does not contest entry of judgment by presenting either evidence or argument at a hearing, and the party seeking the judgment has complied with paragraph (e), then the request for judgment may include a request for attorney fees. T he clerk or the court will allow any amount requested up to $475.00 for those attorney fees without a supporting affidavit.

(2) Fees upon entry of judgment after contested proceeding. When a party seeks a judgment, the responding party contests the judgment by presenting either evidence or argument at a hearing, and the party seeking the judgment has established its right to attorney fees, then the request for judgment may include a request for attorney fees. The clerk or the court will allow any amount requested up to $1,020.00 for those attorney fees without a supporting affidavit.

(3) Post judgment collections. When a party has established an entitlement to attorney fees under any paragraph of this rule, and subsequently:

(A) applies for any writ under Rules 64, 64A, 64B, 64C, 64D, or 64E; or

(B) files a motion under Rules 64(c)(2) or 58C or under Utah Code section 35A-4-314,

then the party may request as part of the application for a writ or in the motion that the party’s judgment be augmented according to the following schedule. The clerk or the court will allow that augmented attorney fees request without a supporting affidavit if it approves the writ or motion.

Action Attorney Fees

Allowed

Application for any writ under Rules 64, 64A, 64B, 64C, or

64E, and first application for a writ under Rule 64D $105.00

to any particular garnishee;

Any subsequent application for a writ under Rule 64D $35.00 to the same garnishee;

Any motion filed with the court under Rule 64(c)(2), $105.00 Utah Code section 35A-4-314, or Rule 58C;

Any subsequent motion under Rule 64(c)(2),

Utah Code section 35A-4-314, or Rule 58C filed $35.00

within months of the previous motion.

(4) Fees in excess of the schedule. If a party seeks attorney fees in excess of the amounts set forth in this paragraph, then the party must comply with paragraphs (a) through (c).

(5) Objections. Nothing in this paragraph eliminates any right a party may have to object to any claimed attorney fees.

Amendment History

Effective until May 1, 2026

Added effective November 1, 2003; amended effective April 1, 2005; November 1, 2016; November 1, 2018; May 1, 2019; December 9, 2025; May 1, 2026.

Effective May 1, 2026

Added effective November 1, 2003; amended effective April 1, 2005; November 1, 2016; November 1, 2018; May 1, 2019; December 9, 2025; May 1, 2026.

Advisory Committee Notes

Effective until May 1, 2026

Advisory Committee Notes

2018 Amendments. 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. As such, the prior schedule of fees based on the amount of damages has been eliminated, and instead replaced by a single fee upon entry of an uncontested judgment that is intended to approximate the work required in the typical case. A second amount is provided where the case is contested and fees are allowed, again in an effort to estimate the typical cost of litigating such cases. Where additional work is required to collect on the judgment, the revised rule provides a default amount for writs and certain motions and eliminates the “considerable additional efforts” limitation of the prior rule. It also recognizes that defendants often change jobs, and thus provides for such default amounts to vary depending on whether a new garnishee is required to collect on the outstanding amount of the judgment. Thus, the amended rule attempts to match the scheduled amounts to the work required of attorneys, rather than tying the scheduled amounts solely to the damages claimed.

But 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.

The schedule does not limit the amount of a reasonable attorney fee if an affidavit is submitted. The schedule of attorney fees includes amounts for routine orders supplemental to the judgment and routine collection writs. For attorney fees for collection efforts beyond such routine steps, the lawyer should apply to the court under subsections (a) and (b).

2019 Committee Note. Rule 73 has been amended in response to McQuarrie v. McQuarrie, 2017 UT App 209, and Chaparro v. Torero, 2018 UT App 181, to clarify that the rule applies to all motions for attorney fees, not just post- judgment motions.

Effective May 1, 2026

Advisory Committee Notes

Plain-English Summary

When the rules, a contract, or a statute lets you recover your attorney fees, Rule 73 tells you how to ask for them and how much you can expect to receive without extra paperwork. The clock starts the moment the court enters judgment: a party has 14 days to file a motion for fees, unless a narrower exception in the rule applies or a specific probate fee statute governs instead. The motion must identify the legal basis for the fees, disclose the fee agreement if the court asks, explain why the amount is reasonable, and state the total claimed along with anything already awarded. A supporting affidavit or declaration backs this up with a breakdown of who did the work, their role, their hourly rate, and the time spent.

For routine cases, the rule skips the affidavit requirement. When a party wins a judgment the other side never contested, the court will award attorney fees up to a set cap without any supporting proof; a higher cap applies when the judgment followed a contested hearing. The same shortcut covers routine post-judgment collection work, such as applying for a garnishment writ or filing a supplemental motion to enforce the judgment, each with its own capped amount that rises if the creditor has to pursue a new garnishee. The schedule increased for judgments and writs entered on or after May 1, 2026, from $350 to $475 for an uncontested judgment and from $750 to $1,020 for a contested one; writ and motion fees rose from $75 to $105 for the first request against a garnishee and from $25 to $35 for follow-up requests. Any fee claim above these caps needs the full motion-and-affidavit process, and the other side keeps the right to object to a fee award whether or not it falls within the schedule.

The rule also lets a court split the question of who owes fees from the question of how much is owed: once liability is settled, a party can submit an affidavit and proposed order, and the court will enter it unless someone objects within 7 days. A party who plans to seek fees under the schedule must flag that intent in the complaint itself, stating the legal basis and, where the claim rests on a contract, attaching a copy of it.

Frequently Asked Questions

How long do I have to ask for attorney fees after judgment?

File the motion within 14 days after the court enters judgment, unless the fee schedule in paragraph (f), a probate fee statute, or another exception in the rule applies.

Do I need to file an affidavit every time I ask for attorney fees?

No. Fee requests that fall within the schedule for uncontested judgments, contested judgments, or routine post-judgment collection writs and motions don't need a supporting affidavit. Anything above those capped amounts, or a general fee claim outside the schedule, still needs a motion and a detailed affidavit describing the work performed.

How much can I recover without an affidavit?

For judgments entered on or after May 1, 2026, up to $475 for an uncontested judgment and up to $1,020 for a contested one. Writ applications and routine collection motions allow up to $105 for the first request against a garnishee and up to $35 for a follow-up request. Judgments entered before May 1, 2026 used a lower schedule: $350, $750, $75, and $25.

Can the other side object to a scheduled fee amount?

Yes. Using the fee schedule doesn't eliminate anyone's right to object to a claimed fee, whether the amount falls within the schedule or was requested through a full motion and affidavit.

Can the court decide who owes fees before deciding how much?

Yes. The court may resolve liability for fees first. Once that's settled, the party owed fees can submit an affidavit and a proposed order, and the court enters it unless another party objects within 7 days.

Source & verification. Rule text, Advisory Committee Notes, and amendment history are reproduced verbatim from the Utah Rules of Civil Procedure, adopted by the Utah Supreme Court. Last verified July 13, 2026. · Official source

Also known as: attorney fees motion utahhow to request attorney fees after judgmentutah attorney fee schedulefees on default judgment utahcollection writ attorney fees utahgarnishment attorney fee capURCP 73