Sen. Dave Thomas, a Republican from South Weber and an attorney, says the change was needed to thwart frivolous lawsuits that cost businesses a lot to fight.

He said defendants win a significant portion of civil suits but they still have to pay their legal costs.

Sen. Patrice Arent, who is also a lawyer, said the bill would keep some people from filing legitimate claims.

"You may not file that lawsuit if you're not a person of substantial means," the Murray Democrat said.

The bill was headed for passage until Senate President John Valentine, R-Orem, voted against it and several senators changed their votes to oppose the measure.

The bill failed to get enough support to reach a final Senate vote, though it could come back up because several senators were absent for the vote.

"This is something we cannot take lightly," said Valentine, who is also an attorney.

"This is a very closely guarded right under American jurisprudence."