MO SB614

Courts must require parties to pay opposing parties' litigation costs and reasonable attorney's fees when a civil action, defense, motion, or proceeding is found to be frivolous and in bad faith after a hearing.

Attorneys acting in good faith at the specific direction of their client are not liable for costs, but attorneys failing to act in good faith must pay the prevailing party's litigation costs and attorney's fees.

If a cause is dismissed for having no basis in law or fact, the court shall award the party filing the motion its litigation costs and attorney's fees.

If a motion to dismiss for lack of basis in law or fact is denied, the party that filed the motion must pay the opposing party's litigation costs and attorney's fees.

The provisions do not apply to conduct occurring before September 28, 1985, or to proceedings brought by convicted persons seeking judicial review of their convictions.