Utah Code 63G-2-802. Injunction — Attorney fees and costs
Current as of: 2024 | Check for updates
|
Other versions
(1) As used in this section, “defending party” means:
Terms Used In Utah Code 63G-2-802
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Governmental entity: means :(11)(a)(i) executive department agencies of the state, the offices of the governor, lieutenant governor, state auditor, attorney general, and state treasurer, the Board of Pardons and Parole, the Board of Examiners, the National Guard, the Career Service Review Office, the State Board of Education, the Utah Board of Higher Education, and the State Archives;(11)(a)(ii) the Office of the Legislative Auditor General, Office of the Legislative Fiscal Analyst, Office of Legislative Research and General Counsel, the Legislature, and legislative committees, except any political party, group, caucus, or rules or sifting committee of the Legislature;(11)(a)(iii) courts, the Judicial Council, the Administrative Office of the Courts, and similar administrative units in the judicial branch;(11)(a)(iv) any state-funded institution of higher education or public education; or(11)(a)(v) any political subdivision of the state, but, if a political subdivision has adopted an ordinance or a policy relating to information practices pursuant to Section
63G-2-701 , this chapter shall apply to the political subdivision to the extent specified in Section63G-2-701 or as specified in any other section of this chapter that specifically refers to political subdivisions. See Utah Code 63G-2-103- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Person: means :
(17)(a) an individual;(17)(b) a nonprofit or profit corporation;(17)(c) a partnership;(17)(d) a sole proprietorship;(17)(e) other type of business organization; or(17)(f) any combination acting in concert with one another. See Utah Code 63G-2-103- Record: means a book, letter, document, paper, map, plan, photograph, film, card, tape, recording, electronic data, or other documentary material regardless of physical form or characteristics:
(25)(a)(i) that is prepared, owned, received, or retained by a governmental entity or political subdivision; and(25)(a)(ii) where all of the information in the original is reproducible by photocopy or other mechanical or electronic means. See Utah Code 63G-2-103- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) a governmental entity or political subdivision:(1)(a)(i) whose access denial is the subject of a petition for judicial review under Section63G-2-404 ; and(1)(a)(ii) that defends the access denial in an action for judicial review under Section63G-2-404 ; or(1)(b) a person, other than the governmental entity or political subdivision described in Subsection (1)(a), that is party to the action for judicial review in opposition to disclosure of the record that is the subject of judicial review.(2) A district court in this state may enjoin any governmental entity or political subdivision that violates or proposes to violate the provisions of this chapter.(3)(3)(a) A district court may assess against a defending party reasonable attorney fees and costs reasonably incurred in connection with a judicial appeal to determine whether a requester is entitled to access to records under a records request, if the requester substantially prevails.(3)(b) In determining whether to award attorney fees or costs under this section, the court shall consider:(3)(b)(i) the public benefit derived from the case;(3)(b)(ii) the nature of the requester’s interest in the records; and(3)(b)(iii) whether the defending party’s actions had a reasonable basis.(3)(c) Attorney fees and costs shall not ordinarily be awarded if the purpose of the litigation is primarily to benefit the requester’s financial or commercial interest.(4) Neither attorney fees nor costs may be awarded for fees or costs incurred during administrative proceedings.(5) Notwithstanding Subsection (3), a court may award attorney fees and costs incurred in connection with appeals to district courts under Subsection63G-2-404 (2) only if the attorney fees and costs were incurred 20 or more days after the requester provided:(5)(a) an adequate explanation in writing of the basis for the requester’s position, regardless of whether the explanation is a part of or outside an administrative or court proceeding; and(5)(b) to the governmental entity, political subdivision, or other person against which the requester seeks an award of attorney fees and costs.(6) Except for the waiver of immunity in Subsection63G-7-301 (2)(e), a claim for attorney fees or costs as provided in this section is not subject to Chapter 7, Governmental Immunity Act of Utah.