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ID S1332

Bill

Status

Passed

3/27/2012

Primary Sponsor

Judiciary and Rules Committee

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Origin

Senate

2012 Regular Session

AI Summary

  • Awards reasonable attorney's fees, witness fees, and expenses to the prevailing party in administrative or civil proceedings between a state agency or political subdivision and a person if the nonprevailing party acted without a reasonable basis in fact or law.

  • Extends fee awards to partially prevailing parties for the portion of the case on which they prevail, if the nonprevailing party lacked reasonable basis regarding that specific portion.

  • Requires expenses awarded against state agencies or political subdivisions to be paid from regular operating budgets, with overflow claims governed by existing claims procedures under Idaho Code sections 67-2018 and chapter 9, title 6.

  • Establishes that in civil proceedings between two governmental entities, the court shall award reasonable attorney's fees, witness fees, and expenses to the prevailing party without requiring proof of unreasonable basis.

  • Increases the pleading threshold for persons seeking fee recovery from $2,500 to $25,000, while maintaining the requirement to satisfy section 12-120 Idaho Code in addition to this section's requirements.

Legislative Description

Amends existing law relating to attorney's fees, witness fees and expenses awarded in certain instances to revise when attorney's fees, witness fees and expenses may be awarded.

ATTORNEY'S FEES

Last Action

Governor signed Session Law Chapter 149 Effective: 03/27/12

3/27/2012

Committee Referrals

Judiciary and Rules2/17/2012

Full Bill Text

No bill text available