A court may award costs and attorney fees to either party that prevails in a civil action based upon any promissory note, written contract, or other writing executed after April 28, 1986, when the provisions of the promissory note, written contract, or other writing allow at least one party to recover attorney fees.
Utah Code § 78B-5-826
Attorney fees -- Reciprocal rights to recover attorney fees
Applied in 40 court decisions — leading case Giusti v. Sterling Wentworth Corp. (2009)
Most recently applied in 2026 UT App 41 - OLoughlin v. AESA Enterprises (March 2026)
Renumbered and Amended by Chapter 3, 2008 General Session
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.