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NC S593

Bill

Status

Introduced

4/2/2013

Primary Sponsor

James Davis

Click for details

Origin

Senate

2013-2014 Session

AI Summary

  • Allows presiding judges in civil actions to discretionarily award costs and reasonable attorneys' fees to either party, with the award decision requiring a written order that includes detailed findings of fact.

  • Requires attorneys in cases subject to attorneys' fees awards to maintain accurate, up-to-date records of hours worked, regardless of fee arrangement with clients.

  • Permits courts to deny or reduce fee awards to prevailing defendants if their costs are found to be excessive, speculative, or inadequately documented.

  • Excludes the new provision from applying when other statutes specifically address attorneys' fees awards, except that G.S. 6-21.1 applies concurrently with this section.

  • Modifies G.S. 6-21.5 to limit its application to special proceedings and estate or trust proceedings (removing civil actions), while maintaining the existing standard for awards based on complete absence of justiciable issues.

  • Takes effect October 1, 2013, and applies only to civil actions filed on or after that date.

Legislative Description

Civil Litigation Costs Reform Act of 2013

Last Action

Ref To Com On Judiciary I

4/3/2013

Committee Referrals

Judiciary I4/3/2013

Full Bill Text

No bill text available