The court shall award court costs, reasonable attorney fees, and reasonable litigation expenses related to a motion filed under § 15-40-3:
- (1) To the moving party, if the moving party prevails on the motion; or
- (2) To the responding party, if the responding party prevails on the motion and the court finds that the motion was frivolous or filed solely with intent to delay the proceeding.
Source: SL 2026, ch 91 , § 12.