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NC S613

Bill

Status

Introduced

4/4/2017

Primary Sponsor

Thomas McInnis

Click for details

Origin

Senate

2017-2018 Session

AI Summary

  • Allows the State to recover reasonable attorney's fees and costs when the State is the prevailing party in civil actions involving challenges to the State's ability to construct transportation improvements or claims based on environmental impact.

  • Maintains existing provisions allowing prevailing parties (other than the State) to recover attorney's fees when an agency acts without substantial justification, but clarifies this applies only to agency actions under Article 3 of Chapter 150B.

  • Requires prevailing parties to petition for attorney's fees within 30 days after final case disposition, supported by affidavit, with the judge issuing a written order detailing the factual basis and amount awarded.

  • Allows law firms to avoid liability for attorney's fees if named parties post a bond in an amount determined by the presiding judge, with the judge able to adjust the bond amount at reasonable times.

  • Becomes effective September 1, 2017, and applies to all actions or proceedings filed on or after that date.

Legislative Description

Attorney's Fees & Costs/State Prevails

Last Action

Ref To Com On Rules and Operations of the Senate

4/5/2017

Committee Referrals

Rules and Operations of the Senate4/5/2017

Full Bill Text

No bill text available