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MO SB81

Bill

Status

Introduced

1/9/2013

Primary Sponsor

Kurt Schaefer

Click for details

Origin

Senate

2013 Regular Session

AI Summary

  • Courts may award reasonable attorney's fees and costs to prevailing parties (other than the state or political subdivisions) in civil actions against state, city, or county officials or employees for violations of Missouri constitutional or statutory rights committed under color of law.

  • Judicial officers are exempt from liability for costs and attorney's fees unless their action was clearly in excess of their jurisdiction.

  • Prevailing parties must submit a fee application to the court within 30 days of final judgment, including an itemized statement showing actual time expended and the rate at which fees were computed.

  • Courts may reduce or deny fee awards only if the prevailing party engaged in conduct that unduly and unreasonably prolonged the final resolution of the proceedings.

  • The section does not waive judicial, quasi-judicial, legislative, official, or sovereign immunity defenses, and does not preclude recovery of costs under other applicable law.

Legislative Description

Gives the courts discretion to award attorney's fees to prevailing parties in civil actions where civil rights have been violated

Last Action

Voted Do Pass S Judiciary and Civil and Criminal Jurisprudence Committee

3/14/2013

Committee Referrals

Judiciary And Civil And Criminal Jurisprudence1/17/2013

Full Bill Text

No bill text available