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IN SB0324

Bill

Official Source

Status

Introduced

1/10/2011

Primary Sponsor

Dennis Kruse

Click for details

Origin

Senate

2011 Regular Session

AI Summary

  • Mandates courts to award attorney's fees to the prevailing party in all civil actions, changing from discretionary ("may") to mandatory ("shall")
  • Removes previous restrictions that limited attorney fee awards to cases involving frivolous, unreasonable, or groundless claims, bad faith litigation, or continuing to litigate after a claim became clearly frivolous
  • Preserves the right of prevailing parties to bring separate abuse of process actions while prohibiting double recovery of the same attorney's fees
  • Effective date of July 1, 2011
  • Directs the legislative services agency to prepare corrective legislation for the 2012 session to address statutes affected by this change

Legislative Description

Legal costs.

Last Action

Senator Walker added as coauthor

1/11/2011

Full Bill Text

No bill text available