Loading chat...
IN SB0414
Bill
AI Summary
-
Creates new chapter IC 34-13-10 establishing when courts must award litigation expenses to parties that prevail against governmental entities in civil actions involving regulatory functions.
-
Requires courts to award reasonable litigation expenses (court costs, administrative hearing costs, attorney's fees, and witness fees) when a party prevails and the court finds the governmental entity brought the action without substantial justification.
-
Defines "prevail" as obtaining a favorable final judgment on substantially all counts and the most significant issues presented, after all appeal rights are exhausted; settlement does not qualify as prevailing.
-
Applies the same litigation expense awards to parties who prevail in appeals of final administrative decisions under IC 4-21.5-5, provided the administrative action lacked substantial justification.
-
Excludes antitrust actions under IC 24-1 from coverage and requires parties to exhaust all administrative remedies before claiming litigation expenses; governmental entities must pay awarded expenses from their regular operating budgets.
-
Effective July 1, 2017.
Legislative Description
Recovery of litigation expenses. Requires a court to award reasonable litigation expenses to the prevailing party in a civil action brought against that party by a governmental entity if the court finds that the civil action was brought by the governmental entity without substantial justification.
Last Action
First reading: referred to Committee on Judiciary
1/10/2017