Guides
General information about Utah law. Not legal advice.
How a UPEPA motion works
From being served to the appeal, and the deadlines that can end a case before anyone looks at who is right.
This guide describes state-court procedure. In federal court, the deadlines, briefing rules, and appeal paths below do not apply. 1A Docket tracks federal cases in the tracker and federal questions on the holdings page.
Complaint or petition served
The clock starts on the day the defendant is served, not the day the case is filed.
Special motion for expedited relief
Must be filed within 60 days of service. A court may allow a later filing only for good cause.
§ 78B-25-103Everything is supposed to stop
In theory, filing the motion automatically stays all proceedings between the parties, including discovery and any pending hearing or motion. In practice here in Utah, judges appear to still be considering motions during the UPEPA process.
§ 78B-25-104(1)Briefing
Opposition due 14 days after the motion. Reply due 7 days after the opposition. Objections to evidence in a reply, and responses to them, run 7 days each.
Utah R. Civ. P. 7 · See the briefing sequence in detail →Request to Submit for Decision
If no party files this, the motion is not submitted for decision. An expedited statute does not move on its own.
Utah R. Civ. P. 7(g)Hearing
Must be held within 60 days after the motion is filed, or within 60 days of an order allowing limited discovery.
§ 78B-25-105Ruling
Must issue within 60 days after the hearing. The court considers the pleadings, the motion, the response, and evidence admissible on summary judgment under Rule 56.
§§ 78B-25-106, -108The test inside the ruling
One motion, three questions. The judge answers all three in the same ruling, and the answers can differ from one part of a claim to another. § 78B-25-107(1)1. Does the act cover the claim?
The moving party has to show the claim is based on one of three things: something the person said in a government proceeding, something the person said about an issue a government body was considering or reviewing, or the person’s exercise of the rights of speech, press, assembly, petition or association, guaranteed by the United States or Utah Constitution, on a matter of public concern. § 78B-25-102(2)
2. Is the claim carved out anyway?
The responding party can show the act does not apply. There are three carve-outs: claims against a government body or its people acting officially, claims by a government body enforcing a law against an imminent threat to public health or safety, and claims against a business over communications about selling or leasing its goods or services. § 78B-25-102(3)
3. Can the claim stand up?
If the act covers the claim and no carve-out applies, the judge dismisses it unless the responding party makes out a prima facie case on every element. Even then the moving party can still win, by showing the claim fails to state a cause of action, or that there is no genuine dispute about any material fact.
A dismissal under this section is with prejudice, and the section reaches a cause of action, or part of a cause of action.
the ruling
Dismissal with prejudice
Dismissal is with prejudice. § 107(1)
The court shall award the moving party costs, reasonable attorney fees, and expenses related to the motion. § 110(1)
Appeal within 21 days
Appealable as of right. § 109
Notice of appeal due in 21 days, not 30. URAP 4(a)(2)
The stay continues until the order is entered and the time to appeal has run. If an appeal is filed, all proceedings between all parties are stayed. § 104(2)–(3)
Motion for attorney fees
Filed no later than 14 days after the judgment is entered. It must specify the basis for the award, the amount claimed, and the factors showing reasonableness.
Utah R. Civ. P. 73(a)–(b)Supporting affidavit
Must reasonably describe the time spent and work performed, giving the name, position, and hourly rate for each person who did the work, and establish that the claimed fee is reasonable.
Utah R. Civ. P. 73(c)Opposition, reply, and the fee order
Briefed like any other motion: opposition 14 days, reply 7. The court may decide liability for fees before receiving submissions on amount, in which case an objection to the affidavit and proposed order is due within 7 days.
Utah R. Civ. P. 7 and 73(d)Related to the motion, not the whole case
Section 110 reaches costs, reasonable attorney fees, and litigation expenses related to the motion. A responding party recovers only where the court finds the motion frivolous or filed solely to delay.
§ 78B-25-110