Utah Code 63G-20-204. Remedies — Attorney fees and costs

63G-20-204. Remedies — Attorney fees and costs.

(1)

Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Person: means :Utah Code 68-3-12.5
Plaintiff: The person who files the complaint in a civil lawsuit.
State or local government: means :

(a)	a state government entity, agency, or instrumentality; or

(b)

a local government entity, agency, or instrumentality. See Utah Code 63G-20-102

State or local government official: means an officer, employee, or appointee of a state or local government. See Utah Code 63G-20-102

(a)

A person aggrieved by a violation of this part may:

(i)	seek injunctive or other civil relief to require a state or local government or a state or local government official to comply with the requirements of this part; or

(ii)	seek removal of the local government official for malfeasance in office according to the procedures and requirements of Title 77, Chapter 6, Removal by Judicial Proceedings.

(b)	The court may award reasonable attorney fees and costs to the prevailing party.

(2)

(a)	A person aggrieved by a violation of this part may bring a civil action in district court.

(b)

If the plaintiff establishes one or more violations of this part by a preponderance of the evidence, the court:

(i)	shall grant the plaintiff appropriate legal or equitable relief; and

(ii)	may award reasonable attorney fees and costs to the prevailing party.

Enacted by Chapter 46, 2015 General Session