ND HB1334

Amends North Dakota Century Code section 28-26-01 to require courts to make a finding on whether a claim for relief was frivolous when ruling on motions to dismiss, motions for summary judgment, or after adjudication on the merits in civil actions.

Court shall award reasonable actual and statutory costs, including reasonable attorney's fees to the prevailing party if a claim for relief is found to be frivolous, regardless of the good faith of the attorney or party making the claim.

Frivolous claims are defined as those with a complete absence of actual facts or law that a reasonable person could not have thought a court would render judgment in that person's favor.

Prevailing party must allege the frivolous nature of the claim in responsive pleading to receive costs and attorney's fees.

Exception allows costs or fees not to be awarded against an attorney or party advancing a claim unwarranted under existing law if it is supported by a good-faith argument for an extension, modification, or reversal of existing law.