APPELLATE HIGHLIGHTS

  • SEE ALL
  • CONTRIBUTING AUTHORS

Skolnick v. Exodus Healthcare Network, PLLC, 2018 UT App 209 (Nov. 8, 2018)

Nov 8, 2018

In this appeal involving a breach of contract claim, the Utah Court of Appeals clarifies the timing requirements applicable to requests for attorney’s fees under Utah R. Civ. P. 73.  If liability for fees has already been established, a party may rely on Rule 73(d), which establishes an expedited procedure under which the requesting party need not file a motion and can instead file only a declaration and proposed order.  If that procedure is used, the opposing party has seven days to respond, as provided in Rule 73(d).  If, however, a party files a motion for fees as provided in Rule 73(a), the opposing party has fourteen days to respond, as provided in Rule 7(d)(1).  This is true even if, as in this case, the issue of liability for fees had already been determined.  By electing to file a motion under Rule 73(a), the moving party triggers application of Rule 7(d)(1) for the timing of a response.