Prosecutors filed criminal charges in over 40,000 cases across Utah between June 2024 and June 2025. Approximately 90% of these cases will resolve in a plea deal, where the defendant agrees to plead in exchange for some benefit from the prosecution.

Because plea deals are so common, it can be important for a person charged with a crime to understand what plea bargains are, how they work in Utah, and when it may or may not be in their best interest.

What Is a Plea Deal?

A plea deal is an agreement between the defendant and the prosecution in which the defendant agrees to plead guilty (or no contest) in exchange for some benefit. That benefit may include reduced charges, fewer counts, or a lighter sentence.

While every plea agreement is unique, most plea-bargaining falls into three main categories.

Types of Plea Deals in Utah

Charge Bargaining

In charge bargaining, the defendant will agree to plead to a less serious offense than the crime they were originally charged with.

For example:

• A defendant charged with aggravated assault may plead guilty to simple assault
• A defendant charged with murder may plead guilty to manslaughter

This type of plea bargaining can significantly reduce potential penalties and long-term consequences.

Count Bargaining

In count bargaining, a person charged with multiple crimes will agree to plead guilty to some, but not all, of the charges filed against them.

For example, a person charged with ten counts of drug possession may agree that they’ll plead guilty to five of the charges if the prosecution agrees to dismiss the remaining five.

Sentence Bargaining

In sentence bargaining, the prosecution agrees to recommend a specific sentence to the court. A person may choose to plead guilty to a serious felony if the prosecution agrees to recommend that the judge not impose any imprisonment.

Plea in Abeyance: Avoiding Conviction

Not all plea bargains result in a conviction. In Utah, some cases can be resolved through a plea in abeyance, which allows you to keep a clean criminal record.

If the prosecution agrees to a plea in abeyance agreement, the defendant will plead to an offense, but the court will not enter the conviction. Instead, the court will hold the plea in abeyance, or suspend the plea, according to the terms of the plea bargain. A plea can be held in abeyance for up to three years.

If the defendant can complete all the other terms of the plea agreement, such as:

• Completing drug treatment
• Staying crime-free
• Paying fines
• Obtaining a high school diploma or GED,
• Then the court will withdraw the guilty plea and dismiss the case.

If the defendant is unable to complete the terms of the agreement, the court will enter the plea, and the person will be convicted of the offense.

Guilty Pleas vs. Contest Pleas

Most plea bargains involve a guilty plea, but defendants may also plead no contest (nolo contendere) in certain situations.

Guilty Plea

A guilty plea is an admission that the defendant committed the crime.

No Contest Plea

A no-contest plea means the defendant does not admit guilt but acknowledges that the prosecution has enough evidence to convict.

Pleading no contest has similar legal consequences as pleading guilty. A person who pleads no contest will be sentenced as though they pleaded guilty, and under Federal law, a no contest plea has the same impact on immigration and deportation as a guilty plea.[1]

While a person can plead guilty without entering a plea deal and without the approval of the prosecution and the court, both the prosecutor and the court must approve of the no-contest plea before it is officially entered.

Why Choose a No Contest Plea?

While a no-contest plea has very similar effects to a guilty plea, there are some key differences. While a person who pleads no contest admits that there is enough evidence to convict them of a crime, they have not actually admitted that they have committed the crime.

If a person is being civilly sued for the same behavior that they were criminally charged for, they may not be able to admit that they committed the crime without admitting liability in the connected civil case. A no-contest plea can help the person resolve their criminal case while reducing risks in their civil case.

In other instances, a person may not be able to admit that they committed a particular crime. An innocent person may want to plead to take advantage of a good plea deal and avoid any uncertainties at trial but cannot honestly say that they committed a crime. A person who is blackout drunk when they commit a crime may not remember what they did and thus may not be able to honestly admit that they committed the crime if they were to plead guilty.

What if the Prosecutor Breaks the Pea Deal?

The United States Supreme Court has ruled that plea agreements are like contracts. When the prosecution fails to comply with their end of the plea deal, the consequences can include:

• Allowing the defendant to withdraw their plea, or
• Ordering the prosecution to comply with the agreement

For example, if a person pleads guilty in one case in exchange for the prosecutor’s promise that they’ll dismiss a second case, the judge may order that the second case be dismissed if the prosecutor fails to dismiss it themselves.

Withdrawing a Guilty Plea in Utah

The process of withdrawing a plea after a person has been convicted is governed by Utah Code §77-13-6 and Rule 11 of the Utah Rules of Criminal Procedure.

A person must make a motion to withdraw their plea before they are sentenced, and they must show that they did not knowingly and voluntarily enter their plea. This can be a high bar to clear.

Judges typically will ask questions during plea hearings to make sure that the defendant knowingly and willingly pleads guilty since it can be difficult to go back and say that they were unaware of the terms of the plea after the proceedings are over.

Facing criminal charges in Utah?

The decisions you make early in your case can shape the rest of your life. At Christensen & Jensen, our criminal defense attorneys understand how Utah plea negotiations work—and when pushing for trial may be the better option. We take the time to explain your choices, protect your rights, and pursue the strongest possible outcome.

Contact Christensen & Jensen today to schedule a confidential consultation and get clear, experienced guidance before accepting any plea deal.

FAQ about Plea Deals

• When should I enter into a plea deal?

  There can be both benefits and drawbacks to entering into a plea bargain. Talk to an experienced criminal defense attorney to understand the full implications of a decision to enter into a plea agreement.

• What is a plea in abeyance?

  If you enter a plea in abeyance, you plead to a crime, but the plea isn’t entered. If you complete the conditions of the agreement, the plea will be withdrawn, and the case will be dismissed.

• What are the consequences of pleading no contest?

  If you plead no contest, you’ll face the same penalties as though you pleaded guilty.

• What if the prosecution doesn’t follow their end of the plea deal?

  If the prosecution fails to uphold their end of a plea bargain, you may be able to withdraw your plea.

• Can I withdraw my plea?

  Before you are sentenced, you can withdraw your plea if you can show that you did not knowingly and voluntarily make your plea.

In Utah business lawsuits, winning does not automatically mean the other side pays your attorney fees. Before suing, defending, or settling a dispute, businesses should understand when attorney fees may be recoverable under a contract, statute, rule, or recognized exception.

Because fees can affect both risk and settlement value, they should be evaluated before major litigation decisions are made.

Can I Recover Attorney Fees If I Win a Lawsuit in Utah?

Sometimes, but not automatically.

Utah generally follows the American Rule, meaning each side pays its own attorney fees unless a contract, statute, rule, or recognized exception allows fee recovery.

Attorney Fee Clauses in Utah Business Contracts

In many business disputes, the contract is the first place to look.

Many commercial contracts include attorney fee provisions. These clauses often say that the “prevailing party” in a dispute may recover reasonable attorney fees.

Other clauses may limit the following:

1. Fee recovery to collection actions.
2. Enforcement actions.
3. Default remedies.
4. Indemnity claims.
5. Specific types of proceedings.

For example, a contract may allow fees only if one party sues to collect amounts due. Another contract may allow fees for “any action arising out of or relating to” the agreement. Those clauses can produce very different results.

Utah also has a reciprocal attorney-fee statute. Under Utah Code § 78B-5-826, if a written contract, promissory note, or other writing allows at least one party to recover attorney fees, a court may award attorney fees to either party that prevails in a civil action based on that writing.¹

In general, a one-sided attorney-fee clause may not stay one-sided in Utah.

What Does “Prevailing Party” Mean in a Utah Attorney Fee Claim?

Many clients assume that if they win anything, they are the prevailing party. This is not always the case. Courts may look at the claims, the relief requested, the relief obtained, and the overall result to make decisions.

A party that wins one issue but loses the main dispute may not receive all the fees it wants. A party that wins on liability but recovers much less than demanded may face a fight over whether it prevailed and what amount of fees is reasonable.

That is why fee clauses and fee statutes should be reviewed early in the case.

Common Utah Laws That May Allow Attorney Fee Recovery

Some Utah statutes allow attorney fees in specific kinds of cases, but fees are not available in every statutory claim. A party still must identify the statute, meet its requirements, and show the requested amount is reasonable.

Utah’s Reciprocal Contract-Fee Statute

Utah Code § 78B-5-826 may apply when a civil action is based on a promissory note, written contract, or other writing that allows at least one party to recover attorney fees. The statute allows the court to award costs and attorney fees to either party that prevails.²

This statute often matters in:

1. Business loan disputes.
2. Commercial leases.
3. Service agreements.
4. Purchase agreements.
5. Other written contracts.

Bad-Faith Claims or Defenses

Utah Code § 78B-5-825 allows a court to award reasonable attorney fees to a prevailing party in a civil action if the court determines that the action or defense was without merit and not brought or asserted in good faith.³

This is not the same as saying, “The other side lied,” or “The other side was difficult.” Courts usually require more than ordinary hard-fought litigation. But when a claim or defense truly lacks merit and was not asserted in good faith, this statute may matter.

Trade Secret Disputes

Utah’s Uniform Trade Secrets Act allows a court to award reasonable attorney fees to the prevailing party in certain situations. Under Utah Code § 13-24-5, those situations include:

1. Bad-faith misappropriation claims.
2. Bad-faith motions to terminate an injunction.
3. Willful and malicious misappropriation.⁴

This can matter in cases involving customer lists, confidential business information, pricing data, formulas, software, internal processes, or other sensitive business information.

Consumer Sales Practices Claims

The Utah Consumer Sales Practices Act includes a fee provision in actions by consumers. Utah Code § 13-11-19(5) allows a court to award a reasonable attorney fee to the prevailing party in certain circumstances.⁵

This statute may matter when a business faces consumer claims or when the dispute involves allegedly deceptive or unconscionable practices in consumer transactions.

Deceptive Trade Practices Claims

The Utah Truth in Advertising Act provides remedies for certain deceptive trade practices. Utah Code § 13-11a-4(1)(c) states that the court shall award attorney fees to the prevailing party in certain actions under that chapter.⁶

This can matter in disputes involving:

1. Misleading advertising.
2. Competitor comparisons.
3. False statements about goods or services.
4. Business-related conduct.

Business Opportunity Disputes

The Utah Business Opportunity Disclosure Act gives purchasers certain remedies when a seller violates the statute. Utah Code § 13-15-302(2)(b) provides that a purchaser may be entitled to rescission, reasonable attorney fees, costs of court, and damages or statutory minimum recovery in qualifying cases.⁷

This statute can matter in disputes involving:

1. Business-opportunity sales.
2. Franchise-like arrangements.
3. Promised business systems.

Wage Claims

Utah’s Payment of Wages Act can allow attorney fees in certain wage-related claims. Utah Code § 34-28-9.5 allows an employee to file a wage claim in court without exhausting administrative remedies, and the wage chapter includes civil remedies that may include attorney fees depending on the claim and posture.⁸

For businesses, wage fee exposure matters because a relatively small unpaid-wage dispute can become more expensive if penalties and attorney fees are available.

Shareholder Inspection and Corporate Records Disputes

Utah corporate law gives shareholders and directors certain rights to inspect corporate records. If a court orders inspection or copying of demanded records, Utah Code § 16-10a-1604(3) generally requires the corporation to pay the shareholder’s or director’s costs incurred to obtain the order, including reasonable counsel fees, unless the corporation proves it refused inspection in good faith because it had a reasonable basis to doubt the right of inspection.⁹

Utah Code § 16-10a-720(5)(a) also addresses shareholder lists for meetings and can require the corporation to pay costs, including reasonable counsel fees, if the court orders inspection or copying of the shareholder list before or at the meeting.¹⁰

These statutes matter in:

1. Owner disputes.
2. Freeze-outs.
3. Shareholder-information disputes.
4. Corporate-control fights.

Appraisal Proceedings

In certain corporate appraisal proceedings, Utah Code § 16-10a-1331 allows the court to determine costs and may assess fees and expenses of counsel and experts in amounts the court finds equitable under specified circumstances.¹¹

This can matter when shareholders dissent from certain corporate actions and seek judicial appraisal of shares.

LLC Derivative Actions

For Utah limited liability companies, Utah Code § 48-3a-806(2) allows the court to award reasonable expenses, including attorney fees, in derivative proceedings under certain circumstances.¹²

This statute can matter when a member brings a derivative claim to enforce rights belonging to the company rather than only personal rights belonging to the member.

Construction Lien Actions

Utah’s construction lien statute provides for attorney fees in certain lien-enforcement actions. Under Utah Code § 38-1a-707, in an action brought to enforce a lien under the chapter, the successful party may recover reasonable attorney fees, subject to statutory limits and exceptions.¹³

This can matter in:

1. Construction disputes.
2. Contractor disputes.
3. Subcontractor disputes.
4. Supplier disputes.
5. Property-development disputes.

Wrongful Lien Disputes

Utah Code § 38-9-205(5) also addresses attorney fees in wrongful lien situations. A person who records a wrongful lien may face damages, attorney fees, and costs in certain circumstances.¹⁴

That can matter when a business or property owner faces an improper lien, false lien, or groundless recorded claim.

Lis Pendens / Notice of Pendency Disputes

A lis pendens, also called a notice of pendency, can cloud title to real property while litigation is pending. Utah Code § 78B-6-1304(8) includes fee-shifting language for certain motions involving notices of pendency.¹⁵

This can matter in:

1. Real estate disputes.
2. Development disputes.
3. Ownership disputes.

4. Title disputes.

Pattern Of Unlawful Activity Claims

Utah’s pattern-of-unlawful-activity statute allows fee recovery for a prevailing party on certain civil claims. Utah Code § 76-17-403(2) provides that a party who prevails on a cause of action brought under that section recovers the cost of suit, including reasonable attorney fees.¹⁶

These claims can have grave consequences and should not be made casually. But in the right case, the fee provision can become a significant part of the litigation analysis.

Antitrust Claims

Utah antitrust law also includes attorney-fee-related provisions. Utah Code § 76-16-511 permits private actions for certain antitrust injuries, and Utah’s antitrust provisions include attorney-fee oversight in actions brought under that part.¹⁷

Antitrust cases are specialized and fact-intensive, but businesses should know that fee exposure can become part of the risk analysis in those disputes.

How to Request Attorney Fees Under Utah Rule of Civil Procedure 73

Even when a party has a legal basis to recover attorney fees, the party still must request them correctly.

Utah Rule of Civil Procedure 73 requires a motion for attorney fees no later than 14 days after judgment, subject to exceptions. It also requires the motion to identify the basis for fees and support the amount claimed with an affidavit or declaration describing the work performed and establishing reasonableness. ¹⁸

Having a right to fees is not enough. You must preserve the request and prove the amount.

How Attorney Fee Exposure Affects Utah Business Lawsuit Settlements

Attorney-fee exposure can influence settlement strategies.

If one side has a strong fee claim, that may increase leverage. A defendant may settle earlier to avoid paying not only damages but also the plaintiff’s attorney fees. A plaintiff may push forward if the fee statute makes the case economically viable.

But fee exposure can also make a case harder to settle. If both sides believe they can recover fees, each side may dig in. A $50,000 dispute can turn into a much larger fight if attorney fees become the main issue.

What Utah Businesses Should Review Before Suing or Defending a Claim

Before making a major litigation decision, businesses should ask:

• Does the contract include an attorney-fee clause?
• Does Utah’s reciprocal fee statute apply?
• Does a specific Utah statute allow fees for this claim?
• Does the fee statute help only one side, or both sides?
• What does “prevailing party” mean under the contract or statute?
• How much will the fee claim realistically add?
• Does fee exposure change settlement strategy?
• What deadline applies to claim fees after judgment?

These questions help businesses evaluate litigation cost, risk, and settlement strategy.

Talk to a Utah Business Litigation Attorney About Attorney Fee Recovery

If your business is considering a lawsuit, defending a claim, or evaluating a settlement, attorney-fee recovery should be part of the strategy from the beginning.

Christensen & Jensen can help Utah businesses evaluate whether attorney fees may be recoverable, assess litigation risk, and build a strategy that fits the economics of the dispute. Contact us today.

FAQ: Attorney Fees in Utah Business Lawsuits

• If I win a Utah lawsuit, do the other side have to pay my attorney fees?

  Not automatically. Utah follows the American Rule, which means each side pays its own attorney fees unless a contract, statute, rule, or recognized exception allows fee recovery.

• Can I recover attorney fees if my contract has a fee clause?

  Possibly. The contract language matters. Utah Code § 78B-5-826 may also make a one-sided attorney-fee clause reciprocal in civil actions based on a written contract, promissory note, or other writing.

• Can I recover attorney fees if the other side acted in bad faith?

  Sometimes, but the standard is not easy. Utah Code § 78B-5-825 allows fees in certain civil actions if the action or defense was without merit and not brought or asserted in good faith. ³ Ordinary litigation frustration usually is not enough.

• What Utah statutes commonly allow attorney fees in business disputes?

  Common examples include Utah’s reciprocal contract-fee statute, bad-faith fee statute, Uniform Trade Secrets Act, consumer and advertising statutes, corporate-records statutes, LLC derivative-action statute, construction and wrongful lien statutes, and certain pattern-of-unlawful-activity and antitrust provisions.

• Do attorney fees have to be reasonable?

  Yes. Even when fees are recoverable, courts generally evaluate whether the requested amount is reasonable. Utah Rule of Civil Procedure 73 requires fee motions to include support for the amount claimed and the reasonableness of the fee.

• When do you have to request attorney fees in Utah?

  Utah Rule of Civil Procedure 73 generally requires a motion for attorney fees no later than 14 days after judgment, subject to exceptions.

When a business partner starts cutting you out of the company, the shift usually happens in stages. You stop receiving emails, lose access to financial records, get left out of key decisions, or find that passwords and distributions have changed without explanation. Before long, you may still be an owner on paper while lacking real access, visibility, or influence. That is not just frustrating. It can threaten your ownership interest, your leverage, and the business itself.

This article explains what business owners in Utah should do when a partner, co-owner, shareholder, or controlling LLC member starts shutting them out of the business.

What a Business Partner Freeze-Out Usually Looks Like

A freeze-out can take different forms depending on the company structure and the personality involved.

Common warning signs of a Business Freeze-Out include:

• Denial of access to financial records.
• Exclusion from management decisions.
• Changes to compensation or distributions.
• Blocked access to company systems or premises.
• Refusal to answer basic business questions.
• Side deals with insiders.
• Efforts to pressure you into selling your interest at a discount.

If this happens, do not assume it is just a personality conflict. It may be a business-control dispute with real legal consequences.

Look Closely at the Business Structure

LLC Member Rights vs. Shareholder Rights in Utah

Not every business partner dispute is legally the same. A 50/50 LLC deadlock, a minority shareholder freeze-out, and a partnership control dispute can involve different rights, duties, and remedies under Utah law.

A 50/50 LLC dispute looks different from a minority shareholder dispute in a corporation. A member-managed LLC creates different authority issues than a manager-managed LLC. A partnership may create broader default management rights than a corporation controlled by a board. That is why structure matters.

In Utah, LLC members may bring direct actions to enforce their rights and protect their interests under the operating agreement, the LLC statute, or rights arising independently of the membership relationship.¹ That can matter in a freeze-out case where the injury is personal to the owner being excluded, not just derivative harm to the company. The structure also affects the remedies that may be available.

Immediate Steps to Protect Your Ownership Interest

If your business partner is freezing you out, take these steps early:

Gather Operating Agreements, Bylaws, and Buy-Sell Terms

Before you do anything dramatic, you will need to check your signed governing documents. That usually means the operating agreement, partnership agreement, bylaws, shareholder agreement, buy-sell agreement, and formation records. You also want any amendments, written consents, meeting minutes, and ownership schedules.

These documents often answer the first critical questions:

• Who has management authority?
• What voting rights exist?
• What information rights do owners have?
• What approvals are required for major decisions?
• Is there a buyout process?
• Does the agreement require mediation or arbitration?

Do not guess about your rights. Check the documents first.

Preserve Evidence Before It Disappears

If you still have lawful access to internal systems, preserve what you can access without violating the law or the governing documents. Do not hack accounts or take confidential material you do not have the right to access. Save emails, texts, bank communications, accounting reports, distribution history, meeting notices, login changes, shareholder or member communications, and any messages showing you were excluded or ignored.

Create a Timeline

Create a timeline with the evidence of the freeze-out. This should include dates, decisions, access changes, and key communications. That timeline will help your lawyer much more than a general statement like, “He has been cutting me out for months.”

Ask for Records the Right Way

Do Not Rely on Verbal Assurances

In owner disputes, verbal statements lose value fast. If your partner says, “I’ll send the records later,” “You don’t need to worry about that,” or “We are handling it,” follow up in writing. Keep the tone of the email professional, without ranting or threatening them. Remember to request records, ask for the company’s position, confirm what access has been blocked, and ask for a deadline. A short, calm email often does more for your case than a long emotional one.

Utah Owner Rights to Inspect Books and Records

A freeze-out often succeeds because one side controls the information. Utah law gives owners important record-access rights, but the exact right depends on the type of entity.

For LLCs, Utah Code § 48-3a-410 gives members information rights, including the right in many circumstances to inspect and copy company records and to obtain information reasonably related to the member’s interest.² For corporations, Utah Code § 16-10a-1602 gives shareholders inspection rights³, and § 16-10a-1604 allows court-ordered inspection in some circumstances.⁴ Utah partnerships also carry statutory information rights.⁵

In many Utah ownership disputes, control over the books and records becomes control over the story. A proper written demand can help restore transparency, force a response, and create a clear paper trail before litigation begins.

A proper written demand for records can do several things at once. It can clarify your rights, force a response, build a paper trail, and show a court later that you tried to address the issue before running into litigation.

Do Not Wait Too Long to Evaluate Remedies

Owners tend to wait to solve a freeze-out because they do not want to “blow up the business.” That instinct is understandable; it can also cost you leverage. The longer a freeze-out continues, the easier it becomes for the controlling side to reshape the record, move money, solidify control, and argue that the current arrangement is normal. Delaying action can weaken any later request for emergency relief.

Depending on the facts, the available remedies may include:

• Formal demand for records.
• Demand to stop unauthorized conduct.
• Negotiated buyout.
• Direct action for breach of rights.
• Derivative claim in the right case.
• Injunctive relief.
• Judicial dissolution.

For Utah LLCs, a court may dissolve the company on a member’s petition if it is not reasonably practicable to carry on the company’s activities in conformity with the certificate of organization and operating agreement, or if those in control have acted, are acting, or will act illegally or fraudulently.⁶ Utah corporations also allow judicial dissolution in certain circumstances, including illegal, oppressive, or fraudulent conduct by those in control.⁷

That does not mean dissolution is always the best move. Often it is not. But it matters as leverage and, in some cases, as a necessary remedy.

Focus on Business Goals, Not Just Personal Vindication

Owners’ disputes get emotional fast. That is normal. You may feel betrayed, angry, and blindsided. But if you want a good outcome, you need to get clear on the actual goal.

Ask yourself:

• Do I want access and transparency?
• Do I want my management rights restored?
• Do I want the conduct to be stopped?
• Do I want a buyout?
• Do I want out of the business entirely?
• Do I want to preserve the company if possible?

The right legal strategy depends on the answer. Some disputes call for a records demand and negotiation. Others require immediate injunctive pressure or litigation because trust has collapsed and the financial risk is growing. The goal should drive the strategy.

When to Call a Utah Business Litigation Lawyer

You should call a Business Litigation Lawyer early in the freeze-out process. If you are losing access to records, distributions, decision-making, or company information, the issue has already moved beyond a routine disagreement. A business litigator can help you figure out whether you are dealing with a documentation problem, a control dispute, a fiduciary-duty problem, a buyout fight, or a case headed toward dissolution.

The earlier you assess the problem, the more options you usually have.

Take a Utah Business Partner Freeze-Out Seriously

A freeze-out rarely fixes itself. When a business partner starts cutting you out, the dispute usually gets worse unless someone forces clarity. That does not always mean filing suit on day one. It does mean acting deliberately, preserving evidence, understanding your rights, and making decisions based on the company documents and the law, not just frustration.

If your business partner is freezing you out, Christensen & Jensen can help you evaluate your rights, protect your ownership interest, and decide what strategy makes the most sense for your business and your goals. Contact us today.

FAQ: Business Partner Freeze-Out Disputes

• What does it mean when a business partner is “freezing me out”?

  It usually means a partner, co-owner, member, or controlling group is cutting you off from information, decisions, money, or practical control of the business.

• Can my business partner deny me access to company records?

  Not automatically. Utah law gives many owners statutory rights to inspect records, but the exact scope depends on whether the entity is an LLC, corporation, or partnership and on the governing documents.

• What if I own a business 50/50 and my partner is trying to freeze me out?

  A 50/50 structure often makes disputes more serious because deadlock can stop the business from functioning. In some cases, that may support stronger remedies, including court intervention or dissolution, depending on the entity and facts.

• Should I send a demand for records before filing a suit?

  Often yes. A written demand can clarify your rights, force a response, and create a useful record. But the right timing depends on the facts and whether urgent harm is already happening.

• Can I sue my business partner directly in Utah?

  In some cases, yes. Utah’s LLC statute expressly permits a member to bring a direct action to enforce the member’s rights and protect the member’s interests. The exact claim depends on the entity, the governing documents, and the nature of the harm.

• Can a court dissolve the business if the situation becomes unworkable?

  Potentially. Utah law allows judicial dissolution in some LLC and corporate disputes, including situations where it is no longer reasonably practicable to carry on the business in conformity with the governing documents or where those in control act illegally, fraudulently, or, in the corporate context, oppressively.

Getting sued can rattle even a well-run business. Most business owners do not deal with lawsuits often. When you receive a summons and complaint, the first instinct often looks like one of three bad options: ignore it, fire off an angry response, or assume the facts will sort themselves out later. None of those moves helps.

The first week matters. Early mistakes can cost you leverage, increase fees, and create avoidable problems with evidence, insurance, and court deadlines. In Utah, a defendant generally must file an answer within 21 days after service inside the state and 30 days after service outside the state, unless a statute or court order says otherwise. ¹

This article explains what businesses should do in the first week after being sued in Utah.

Day 1: Do Not Ignore the Lawsuit

Ignoring a lawsuit is one of the first mistakes businesses can make. A lawsuit does not disappear because you think the claim is fraudulent or false. If you miss the deadline to respond to the complaint, the plaintiff (the party suing) can seek a default judgment against the defendant (the party being sued). A default judgment is an automatic win for the plaintiff because the defendant didn’t oppose the case.²

When you receive a lawsuit, start with the basics:

• Confirm the date and method of service.
• Confirm exactly who got served.
• Confirm which entity the plaintiff named.
• Confirm which court the case sits in.

What location the court case sits in is very important. A commercial case may proceed in Utah state courts, federal court, or, in some cases, the Utah State Business and Chancery Court specialized forum for certain complex business and equitable disputes.³

Day 2: Gather the Core Documents

Once you know about a lawsuit, you need to preserve evidence. That means more than keeping the contract. It means preserving the full record, including emails, text messages, internal messages, drafts, notes, invoices, change orders, payment records, calendars, and relevant electronically stored information.

Tell the right employees, in writing, not to delete anything related to the dispute. That includes routine deletion practices. A good litigation hold should reach the people who touched the events, not just senior management.

If your business uses Slack, Teams, QuickBooks, project management tools, or cloud storage, preserve those sources too. Commercial cases often turn on ordinary business records that nobody thought looked important at the time.

Build a clean starter file with:

• Summons and complaint.
• All relevant contracts and amendments.
• Key emails and text messages.
• Invoices and payment records.
• Notice of default or termination.
• Insurance policies.
• Ownership or organizational documents if entity issues may matter.
• A chronology of what happened.

A short chronology helps more than most clients realize. Two pages of clear facts can save a lot of wasted legal time.

Day 3: Check Insurance Immediately

Many businesses wait too long to check their insurance. If a claim may implicate coverage, tender it right away. That can include:

• General liability policies.
• Errors and omissions coverage.
• Director and officer coverage.
• Cyber coverage.
• Employment practice coverage.
• Other specialty policies.

Even if you suspect the insurance carrier will deny coverage, do not make that decision yourself. Late notice can create a second problem you do not need.

Day 4: Stop Casual Internal Commentary

Once a lawsuit is filed, loose talk becomes evidence. That includes:

• Sarcastic emails.
• “Hot takes” in group chats.
• Rewritten narratives after the fact.
• Broad internal accusations about who caused the problem.

Do not coach employees or any witnesses. Do not clean up bad facts. Do not create a polished story that did not exist before. Those moves backfire. Instead, direct employees to preserve documents and route communications through the right internal contact and outside counsel.

Day 5: Evaluate the Forum and Early Legal Strategy

Not every case calls for the same response. Some cases should move toward quick resolution. Others need an immediate aggressive defense. Others may belong in mediation or arbitration rather than court, depending on the contract. Your attorney should assess questions like these early:

Is the Plaintiff suing the right entity?

Plaintiffs sometimes name the wrong LLC, an inactive entity, or the wrong party to the contract.

Does the contract require mediation, arbitration, or a specific venue?

A forum-selection clause or arbitration clause can change the whole case.

Are there jurisdiction or service issues?

Defective service of process and wrong forum problems matter, and they need to be analyzed quickly.

Do you have counterclaims?

A business that only reacts can lose leverage. Some defendants have strong counterclaims against the plaintiff.

Is an early motion worth it?

A motion to dismiss can help the right case, but not every case benefits from one.

Day 6: Prepare the Right Response, Not Just Any Response

A rushed answer can hurt you. Your first filing should protect defenses, preserve options, and fit the actual strategy. Under Utah Rule of Civil Procedure 12(b), certain defenses may be raised by motion before filing an answer, including:

1. Lack of jurisdiction over the subject matter.
2. Lack of jurisdiction over the person.
3. Improper venue.
4. Insufficiency of process.
5. Insufficiency of service of process.
6. Failure to state a claim upon which relief can be granted.
7. Failure to join an indispensable party. ⁴

That does not mean every case should start with a Rule 12(b) motion. It means you need a deliberate decision.

Day 7: Build the Business, Not Just the Legal Case

By the end of the first week, you should understand more than the pleadings. You should have a working view of:

• Your best facts;
• Your worst facts;
• The likely business cost of the dispute;
• Whether a commercial relationship can still be saved; and
• What outcome makes sense.

Litigation strategy should match business reality. Sometimes the right answer is to fight. Sometimes it is to negotiate hard and early. Sometimes it is to solve the immediate injunction or payment problem first and worry about the rest later.

The point is simple: do not let the plaintiff define the case before you understand your own.

What If a Default Judgment Has Already Happened?

Do not assume the case is over. If a plaintiff has already obtained an entry of default or default judgment against your company, you should act quickly. Under Utah Rule of Civil Procedure 55(c), a court may set aside an entry of default for good cause. If the court has already entered a default judgment, relief generally falls under Rule 60(b), which allows a court to set aside a judgment for reasons such as mistakes, inadvertence, surprise, excusable neglect, fraud, or if the judgment is void. A motion to set aside default or judgment must be filed within a reasonable time, and some Rule 60(b) grounds carry a 90-day outside limit.⁵

That does not mean every default judgment can be undone. It does mean a business should not sit still and assume nothing can be done. Speed matters here. The longer a company waits, the harder it can become to explain the delay and persuade the court to reopen the case. If a default judgment has been entered into against your business, you should speak with a business litigation attorney right away to assess whether relief is still available.

When Should I Call a Business Litigation Attorney?

You should call a business litigation attorney early in a business lawsuit. If your business had been sued in Utah, you should involve counsel before the deadline shrinks and before internal communications create new problems. Utah courts require defendants to respond quickly, and early procedural choices can shape the case from the start.

A lawsuit against a business does not just create legal risk; it creates business risk. The first seven days often determine whether your company starts from a position of control or from a position of catch-up. If you act quickly, preserve the records, and make deliberate decisions about deadlines, insurance, forum, and legal strategy, you put your business in a much stronger position.

If your business has been sued in Utah, Christensen & Jensen can help you evaluate the claims, protect your defenses, and respond with a strategy that fits both the case and your business objectives. Contact our team to discuss your options.

FAQ: Utah Business Lawsuits

• How long does a business have to answer a lawsuit in Utah?

  Usually, 21 days after service in Utah and 30 days after service outside Utah, unless a statute or court order sets a different deadline.

• Can I file an answer to a lawsuit myself?

  Yes. However, filing a rushed or incomplete answer can waive defenses or create strategic problems. The better approach is to have a lawyer to help you understand the actual claims, deadlines, and available defenses before filing something that locks your business into a disadvantageous position.

• What happens if my business ignores a lawsuit complaint?

  The plaintiff may seek a default judgment if no timely response is filed.

• What if a default judgment has already been entered against my business?

  Do not assume the case is over. Under Utah Rule of Civil Procedure 55(c), a court may set aside an entry of default for good cause, and Rule 60(b) may allow relief from a default judgment in certain circumstances. If a default or default judgment has already been entered, your business should get legal advice immediately.

• What if I know the claim against my business in a lawsuit is false?

  You still need to respond. Many defendants ignore lawsuits because they assume the facts will eventually clear things up. That is a mistake. A false claim can still lead to a default judgment if your business does not answer or otherwise respond on time.

A sexual assault can upend every part of your life. You may feel unsafe on campus, struggle to attend classes, sleep, study, or stay in school. The school may make you feel like you need to carry the harm quietly while everyone else moves on. You may also assume the school’s internal process is your only option.  In some cases, it is not.

This article explains what Title IX may protect, what steps can help protect your rights, and when to speak to a lawyer.

Understanding Your Rights Under Title IX

A Title IX lawsuit usually focuses less on the assault itself and more on the institution’s response after the school had the kind of notice the law requires.

“Title IX prohibits sex discrimination by recipients of federal education funding.”¹Jackson v. Birmingham Bd. of Educ., 544 U.S. 167, 173, 125 S. Ct. 1497, 1503, 161 L. Ed. 2d 361 (2005). The statute provides: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance,” with limited exceptions.²20 U.S.C.A. § 1681 (a).

When a School’s Response Becomes a Legal Issue

Title IX protects a student’s ability to access education on equal terms. If a school knows about serious sex-based misconduct and responds in a way that leaves a student unable to attend class safely, remain in housing, participate in campus life, or continue school on equal footing, that failure may create a legal problem.

The federal law recognizes a private right to sue under Title IX and has confirmed that money damages can be available in an appropriate case, but a school does not violate Title IX every time an assault happens.³See Farmer v. Kansas State Univ., 918 F.3d 1094, 1098 (10th Cir. 2019) (“Title IX is enforceable, not only by federal administrative agencies, but also through private causes of action”); see also Doe v. Univ. of Denver, 1 F.4th 822, 828 (10th Cir. 2021) (“Where sex-based discrimination is intentional, Title IX is enforceable through a cause of action for which money damages are available”). However, when a school has an actual notice, for example, one student sexually harassing another student, but it responds in a clearly unreasonable way or deliberately indifferent way, the law may allow the student to seek relief against the school.⁴Farmer v. Kansas State Univ., 918 F.3d 1094 (10th Cir. 2019); see Davis Next Friend LaShonda D. v. Monroe Cnty. Bd. of Educ., 526 U.S. 629, 119 S. Ct. 1661, 143 L. Ed. 2d 839 (1999) (holding “ a private damages action may lie against a school board under Title IX in cases of student-on-student harassment, but only where the funding recipient acts with deliberate indifference and the harassment is so severe that it effectively bars the victim’s access to an educational opportunity or benefit”). Overall, a student needs to show facts like these:

• The school had actual notice through the right kind of official.
• The school had the power to do something.
• The school responded with deliberate indifference, not just an imperfect decision.
• The misconduct was serious enough to interfere with the student’s education.

Key Elements of a Title IX Claim

To establish a Title IX claim of deliberate indifference to student-on-student sexual harassment, the plaintiff must prove that the school “(1) had actual knowledge of, and (2) was deliberately indifferent to (3) harassment that was so severe, pervasive and objectively offensive that it (4) deprived the victim of access to the educational benefits or opportunities provided by the school.” ⁵Doe v. Sch. Dist. No. 1, Denver, Colorado, 970 F.3d 1300, 1308 (10th Cir. 2020) (quoting Murrell v. Sch. Dist. No. 1, Denver, Colo., 186 F.3d 1238, 1246 (10th Cir. 1999).

What “Actual Notice” Means in Practice

Actual notice usually means the right school official knew enough about the situation to trigger an institutional response, for example, your school’s Title IX Coordinator. Not every conversation with every employee counts the same way.⁶See Rost ex rel. K.C. v. Steamboat Springs RE-2 Sch. Dist., 511 F.3d 1114 (10th Cir. 2008) (holding student’s statement that boys were bothering her did not provide district with actual knowledge of sexual harassment for purposes of Title IX”). Who knew what, when they knew it, and what school authority they had can make or break the case. That is one reason documentation matters. If you reported the assault to the Title IX office, dean of students, housing official, campus police, or another administrator with authority, save that record. If you told a professor who forwarded it, save that too. Dates matter. Names matter. Emails matter.

How Courts Define “Deliberate Indifference”

Deliberate indifference does not mean the school made a small mistake.⁷See Farmer v. Kansas State Univ., 918 F.3d 1094, 1099 (10th Cir. 2019) (Title IX does not require a federal funding recipient to acquiesce in the particular remedial action a victim seeks).  It means the school’s response was “clearly unreasonable in light of known circumstances.”⁸Davis Next Friend LaShonda D. v. Monroe Cnty. Bd. of Educ., 526 U.S. 629, 630, 119 S. Ct. 1661, 1665, 143 L. Ed. 2d 839 (1999) A student may raise concern about deliberate indifference when a school:

• Ignores the report.
• Delays for no good reason.
• Discourages reporting.
• Refuses supportive measures without explanation.
• Fails to enforce protective steps.
• Lets retaliation continue.
• Or handles the matter in a way that leaves the student without meaningful access to education.

Not every disappointing outcome proves deliberate indifference. But a pattern of inaction, deflection, or meaningless process can support a serious claim.

Warning Signs a School May Be Failing You

If your college or university mishandled a sexual assault report, do not wait for the situation to sort itself out. Start building a clean factual record. A strong case usually depends on disciplined fact development, not just understandable outrage. That is why early documentation can make a real difference.

Steps to Protect Your Rights After Sexual Assault

Document Everything

You should save all evidence of the event, including:

• Emails.
• Texts.
• Screenshots.
• Call logs.
• Social media messages.
• Class communications.
• Housing notices.
• Medical records.
• Counseling records.
• And any school determinations.

Keep everything in one folder.

Write a Timeline While the Facts Still Feel Fresh

Write down a timeline while the facts still feel fresh.

Include:

• When the assault happened.
• When you reported it.
• Who you told.
• What each person said.
• What the school promised.
• What the school actually did.
• When delays happened.
• How the situation affected class, housing, safety, and daily life.

You do not need perfect writing. You need accurate facts.

Identify Who at the School Knew

Make a list of every person you talked to about harassment. Include their title, the date, what you told them, and what they said they would do.

This step matters because Title IX cases often turn on notice. The cleaner your record, the stronger your position.

Document the Impact on Your Education

Do not stop at “the school handled this badly.” Show the consequences. For example, document whether you:

• Missed class.
• Changed housing.
• Dropped courses.
• Lost a scholarship.
• Withdrew from activities.
• Avoided parts of campus.
• Suffered grade declines.
• Or considered transfer or leave.

A school’s Title IX liability is tied to the denial of equal access to education. Your real-life disruption helps tell that story.

Get Legal Advice Early

A lawyer can evaluate whether the school’s conduct supports a Title IX claim, whether other claims may exist under state or federal law, what evidence you should secure now, and how to avoid steps that weaken your case.

When to Consider Taking Legal Action

If your college or university ignored, minimized, delayed, or mishandled your sexual assault report, you may have more options than the school wants you to believe.

The school’s internal process does not define the full scope of your rights. Title IX exists to protect students’ equal access to education, and in the right case, the law allows a student to seek relief when a school responds with deliberate indifference to serious sex-based misconduct.

Early action matters. The sooner you preserve records, organize the timeline, and get legal advice, the better you can protect your rights.

If your school’s response disrupted your education and you want to understand your legal options, contact Christensen & Jensen. Our attorneys can evaluate your situation, explain whether Title IX or other legal claims may apply, and help you decide what steps make sense next.

Title IX Lawsuits Against Colleges and Universities

• Can I sue a college or university under Title IX?

  Yes, in the right case. The Supreme Court has recognized a private right to sue under Title IX and has held that money damages may be available in appropriate cases.

• Does Title IX apply only to public schools?

  No. Title IX applies to education programs and activities that receive federal financial assistance. That often includes public institutions and many colleges and universities outside the public-school context.

• What should I save if I think the school mishandled my report?

  Save everything: emails, texts, screenshots, timeline notes, school notices, housing records, class records, medical records, counseling records, and appeal materials. In many Title IX cases, the paper trail decides what you can prove.

• What kind of harm matters in a Title IX case?

  Courts look closely at whether the misconduct and the school’s response interfered with equal access to education. That can include missed classes, housing disruption, academic decline, withdrawal from activities, transfer pressure, or leaving school altogether.

• Do I need to finish the school’s process before I talk to a lawyer?

  No. You can seek legal advice before, during, or after the school process. Early advice can help you preserve evidence and avoid avoidable mistakes while the internal process continues.