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ID S1277

Bill

Status

Passed

3/23/2018

Primary Sponsor

Judiciary and Rules Committee

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Origin

Senate

2018 Regular Session

AI Summary

  • Increases the monetary threshold for Idaho Civil Evaluation Option applicability from $20,000 to $235,000 for civil actions where parties seek only money judgments.

  • Modifies Section 12-120 to raise the threshold for attorney's fees awards in general civil actions from $35,000 to $35,000 (maintains existing amount) and in personal injury actions from $20,000 to $235,000.

  • Requires plaintiffs in personal injury actions to serve defendants with written demand for payment and a detailed statement of claim at least 60 days before commencing action to qualify for attorney's fees.

  • Denies attorney's fees to plaintiffs in personal injury cases if defendant tenders at least 90% of the awarded amount prior to action commencement, reduced from previous 95% threshold.

  • Allows parties to move for removal from evaluation at any stage for good cause, including substantial changes in circumstances or potential to later seek punitive damages.

Legislative Description

Amends existing law to revise provisions regarding claims for damages.

CIVIL ACTIONS

Last Action

Session Law Chapter 244 Effective: 07/01/2018

3/23/2018

Committee Referrals

Judiciary, Rules and Administration2/23/2018
Judiciary and Rules2/8/2018

Full Bill Text

No bill text available