Senate Bill 85 Summary

• Amends IC 34-52-1-1 to require courts in civil actions to determine whether a nonprevailing party brought, continued, or litigated an action frivolously, unreasonably, groundlessly, or in bad faith.

• Mandates courts shall require nonprevailing parties to reimburse prevailing parties for reasonable attorney's fees if such conduct is found, changing prior law which allowed discretionary fee awards.

• Prevents double recovery by prohibiting prevailing parties from recovering the same attorney's fees twice in both fee awards under this statute and separate abuse of process actions.

• Takes effect July 1, 2012.

• Directs the legislative services agency to prepare corrective legislation for the 2013 regular session to organize and correct statutes affected by this act.