48-2c-115 - Court-ordered inspection. - Utah Statutes

48-2c-115. Court-ordered inspection.
(1) If a company does not allow a current or former member or manager or their agent orattorney who complies with Subsection 48-2c-113(1) to inspect or copy any records required bythat subsection to be available for inspection, the district court of the county in this state in whichthe company's principal office is located, or if the company has no principal office in this state,the district court of Salt Lake County, may summarily order inspection and copying of therecords demanded at the company's expense, on application of the person denied access to therecords. The court shall dispose of an application under this Subsection (1) on an expeditedbasis.
(2) If a court orders inspection or copying of records demanded, it shall also order thecompany to pay the costs incurred by the person requesting the order, including reasonableattorney's fees unless the company proves that it refused inspection in good faith because it had areasonable basis for doubt about the right of the person to inspect the records demanded.
(3) If a court orders inspection or copying of records demanded, it may:
(a) impose reasonable restrictions on the use or distribution of the records by the persondemanding inspection;
(b) order the company to pay the member or manager for reasonable attorney's fees andcosts incurred and for any damages incurred as a result of the company's denial if the courtdetermines that the company did not act in good faith in refusing to allow the inspection orcopying; and
(c) grant the person demanding inspection or copying any other available legal remedy.

Amended by Chapter 364, 2008 General Session