IN HB1137

Amends Indiana Code IC 34-52-1-1 concerning civil procedure and the recovery of legal costs and attorney's fees

Requires courts to award costs and attorney's fees to the prevailing party when a motion to dismiss is granted, in whole or in part, due to a claim lacking basis in law or fact

Maintains existing discretionary authority for courts to award attorney's fees when a party brings frivolous, unreasonable, or groundless claims or defenses, or litigates in bad faith

Preserves the right of prevailing parties to bring separate abuse of process actions while preventing double recovery of attorney's fees

Effective date: July 1, 2012