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MO SB613

Bill

Status

Introduced

1/5/2012

Primary Sponsor

Tom Dempsey

Click for details

Origin

Senate

2012 Regular Session

AI Summary

  • Repeals and replaces section 514.060, RSMo, to expand prevailing defendant status eligibility for recovering litigation costs and attorney's fees in all civil actions and proceedings.

  • Requires courts to confer prevailing defendant status based on each allegation and prayer for relief sought by the plaintiff evaluated individually, rather than on the case as a whole.

  • Defines "prevailing defendant" to include dismissal, grant of summary judgment, or judgment by the court for the defendant.

  • Excludes voluntary dismissal by the plaintiff prior to the defendant's deadline for filing a motion to dismiss from qualifying as prevailing defendant status.

  • Applies these provisions notwithstanding any conflicting provision in sections 514.070 to 514.090.

Legislative Description

Requires courts to award prevailing defendants their costs and attorney's fees

Last Action

Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee

1/26/2012

Committee Referrals

Judiciary And Civil And Criminal Jurisprudence1/26/2012

Full Bill Text

No bill text available