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ID S1324
Bill
Status
3/20/2012
Primary Sponsor
Judiciary and Rules Committee
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AI Summary
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Increases the threshold for awarding attorney's fees to the prevailing party in civil actions from $25,000 to $35,000 under Idaho Code Section 12-120(1).
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Requires plaintiffs seeking attorney's fees to provide written demand for payment at least 10 days before commencing the action, but plaintiffs receive no fees if defendant tendered 95% of the awarded amount before action commenced.
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Applies the same attorney's fee provisions to counterclaims, cross-claims, and third-party claims filed after the original action begins, except no demand letter is required for counterclaims.
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Permits prevailing parties to recover reasonable postjudgment attorney's fees and costs incurred in attempting to collect on judgments, to be set by the court following notice and hearing.
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In small claims cases, caps postjudgment attorney's fees at the principal judgment amount and prohibits basing fees on contingent fee arrangements or percentage-based calculations.
Legislative Description
Amends existing law relating to attorney's fees in civil actions to provide that there shall be taxed and allowed to the prevailing party a reasonable amount fixed by the court as attorney's fees in certain actions where the amount pleaded is $35,000 or less.
ATTORNEY'S FEES
Last Action
Governor signed Session Law Chapter 94 Effective: 07/01/12
3/20/2012