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2001 UT 86

Featherstone v. Schaerrer

Utah Supreme Court

Decided October 16, 2001

Utah Supreme Court · decided 2001-10-16

Good law ✅— No negative treatment on recordhow we know

Decided 2001-10-16

How this case has been cited

Cited by 23 later decisions — most recently December 2025

22 state decisions

110200120102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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HOWE, Chief Justice,

¶1concurring:

¶2146 I concur. I share the trial court's skepticism that it reasonably required nearly *209$22,000 of costs and fees by the defendants to obtain the discovery order. I agree with the trial court's observation that "I think it could have been done without imposing or incurring those types of fees."

¶3T47 The sizeable request made by defendants reinforces the observation that soon only the wealthy will be able to afford to litigate in the judicial system. The fees sought here might be reasonable following a lengthy trial, but not to pursue and obtain a discovery order. It is simply non-economical to do so. I believe trial judges must closely serutinize requests for attorney fees to determine that not only the hourly rate is reasonable, but the attorney's time has been used economically on the task. It is not enough that the number of hours claimed to have been spent was actually spent. Otherwise, runaway fees will send more and more litigants into bankruptcy and make the court a forum where only the wealthy can participate.

« 48 Judge ORME concurs in the reasoning of Chief Justice HOWE'S concurring opinion.49 Having disqualified themselves, Justice DURRANT and Justice WILKINS do not participate herein; Court of Appeals Judges PAMELA T. GREENWOOD and GREGORY K. ORME sat.
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