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MT SB39

Bill

Status

Passed

5/8/2025

Primary Sponsor

Greg Hertz

Click for details

Origin

Senate

2025 Regular Session

AI Summary

  • Requires all attorney fee awards in civil lawsuits to be "reasonable" and mandates detailed documentation including date, timekeeper name, specific task descriptions, time billed in tenth-of-hour increments, itemized expenses with receipts, and disclosure of prior payment arrangements

  • Creates rebuttable presumption that certain practices are unreasonable: sending more than one attorney to depositions, more than two attorneys to trial/oral arguments, charging for phone calls/faxes/library/research subscriptions, or billing above statewide average rates for attorneys with less than 10 years experience

  • Caps in-house copying expenses at 10 cents per page and prohibits block billing or aggregating of tasks

  • Requires courts awarding attorney fees against the state to consider the hourly rate charged by the state's attorney and explain any award exceeding that rate

  • Exempts attorney fee claims under $10,000 from these requirements and applies to all civil lawsuits pending on or after the effective date

Legislative Description

Generally revise attorney fee awards

Civil Procedure

Last Action

Chapter Number Assigned

5/13/2025

Committee Referrals

Judiciary1/31/2025
Judiciary1/7/2025

Full Bill Text

No bill text available