Not legal advice
This describes how the process generally works. Deadlines in your case may differ. If something has been filed against you, talk to a lawyer.
Claiming fees after you win
Rule 73 sets the deadline and the contents. Aston sets the ceiling.
Section 110 makes a fee award mandatory for a party that prevails on a UPEPA special motion, but the procedure for claiming it lives in Rule 73. This is a checklist of what that rule requires. It describes the rules; it is not advice about any particular case.
No later than 14 days after judgment is entered
Utah R. Civ. P. 73(a)What the motion must specify
The statute, rule, or other basis for the award. The amount claimed, and any amount previously awarded. The factors showing the fee is reasonable. Where the court orders it, the terms of the fee agreement. And, where applicable, disclosure of any assignee or debt collector.
Utah R. Civ. P. 73(b)What the supporting affidavit must show
A reasonable description of the time spent and the work performed, giving the name, position, and hourly rate for each person who did the work, and establishing that the claimed fee is reasonable.
Utah R. Civ. P. 73(c)The court may split liability from amount
Rule 73(d) permits the court to decide whether fees are owed before receiving submissions on how much. If it does, the prevailing party files an affidavit and a proposed order, and another party may object within seven days.
What the award can actually cover
Section 110 reaches court costs, reasonable attorney fees, and reasonable litigation expenses related to the motion. In Aston v. Chronicle-Progress, 2026 UT 7, the Utah Supreme Court held on first impression that this means only work reasonably necessary to prosecute the special motion, not the entire litigation. A district court award of roughly $394,000 covering essentially all work in the case was reversed.
The practical consequence is a billing question rather than a briefing one: time entries that do not separate work on the motion from work on the case generally invite exactly that cut. A Utah district court reached the same conclusion eight months before Aston, granting about 24 percent of a $272,000 request on the reasoning that the work was in the prosecution of a single motion.
The other direction
A responding party recovers fees only if it prevails on the motion and the court finds the motion was frivolous or filed solely to delay the proceeding. Losing a motion made in good faith does not trigger an award against the movant.
§ 78B-25-110This is general information about court rules, not legal advice. What a reasonable fee is in any given case depends on facts this page knows nothing about. Where to get help →