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Committee backs change to bad-faith statute to cover frivolous motions
Summary
The Judiciary Committee unanimously adopted and recommended a first substitute to HB 307, which clarifies and standardizes Utah’s bad-faith statute (Utah Code §78B-5-825) to allow recovery of attorney fees for frivolous motions and to adopt a more objective definition of 'bad faith.'
Representative Lou Bey presented the first substitute to HB 307, which would amend Utah Code Section 78B-5-825 (the bad-faith statute) to make application more consistent and to extend the statute’s remedies to frivolous motions filed in bad faith as well as frivolous lawsuits.
Lou Bey said the change replaces subjective language with a definition drawn from surrounding jurisdictions to make the standard more readily applied by judges and argued that the substitute aligns statutory language with how courts have interpreted bad faith.
Representative Miller and other committee members voiced support, saying the change provides clearer standards and encourages consistent application. The committee adopted the substitute, then favorably recommended the bill to the House, recording unanimous support on the roll call.
Next steps: HB 307 advances to the House floor with the committee’s favorable recommendation.
