AL HB505

Courts may assess reasonable attorney fees and costs against an attorney or litigant if the court finds at any time during proceedings or upon judgment that a complaint, claim, counterclaim, cross-claim, motion, or other pleading was frivolous.

Reasonable attorney fees and costs include litigation expenses, expert costs, counsel fees, prejudgment interest, and consequential damages related to the frivolous action.

A pleading is frivolous if it was commenced in bad faith solely for harassment or delay, lacks reasonable legal or equitable basis, or contains allegations without evidentiary support.

Courts must issue a 21-day notice to the party before a motion for sanctions can be filed, allowing time to withdraw or modify the challenged pleading.

Courts may impose non-monetary sanctions in addition to attorney fees and must place findings on record explaining the conduct and basis for sanctions imposed.