Bill Text: IA SF71 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act providing sanctions for the filing of frivolous actions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-01-12 - Subcommittee: Schneider, Boulton, and Garrett. S.J. 84. [SF71 Detail]

Download: Iowa-2017-SF71-Introduced.html

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Senate File 71 - Introduced




                                 SENATE FILE       
                                 BY  CHELGREN

                                      A BILL FOR

  1 An Act providing sanctions for the filing of frivolous actions.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1144XS (1) 87
    jh/rj

PAG LIN



  1  1    Section 1.  Section 617.16, Code 2017, is amended to read as
  1  2 follows:
  1  3    617.16  Frivolous actions.
  1  4    1.  If a party commencing an action has in the preceding
  1  5 five=year period unsuccessfully prosecuted three or more
  1  6 actions, the court may, if it deems the actions to have been
  1  7 frivolous, stay the proceedings until that the party furnishes
  1  8 an undertaking secured by cash or approved sureties to pay all
  1  9 costs resulting to an opposing parties party to the action
  1 10 including a reasonable attorney fee.
  1 11    2.  The court shall review each petition commencing an
  1 12 action within fifteen days of filing. If the court determines
  1 13 that the petition, on its face, appears to be frivolous, the
  1 14 court shall stay the proceedings until the party commencing the
  1 15 action furnishes an undertaking secured by cash or approved
  1 16 sureties to pay all costs resulting to an opposing party to the
  1 17 action including a reasonable attorney fee.
  1 18    3.  If the party commencing an action furnishes an
  1 19 undertaking pursuant to subsection 1 or 2 and an opposing party
  1 20 prevails, the court shall award the opposing party all costs,
  1 21 including a reasonable attorney fee, if the court determines
  1 22 that the action was frivolous.
  1 23                           EXPLANATION
  1 24 The inclusion of this explanation does not constitute agreement with
  1 25 the explanation's substance by the members of the general assembly.
  1 26    This bill provides for sanctions for the filing of frivolous
  1 27 actions in certain circumstances.
  1 28    The bill provides that after a petition commencing an action
  1 29 is filed, the court must review the petition within 15 days
  1 30 of filing. If the court determines that the petition, on
  1 31 its face, appears to be frivolous, the court must stay the
  1 32 proceedings until the party commencing the action furnishes an
  1 33 undertaking secured by cash or approved sureties to pay all
  1 34 costs resulting to an opposing party including a reasonable
  1 35 attorney fee.
  2  1 The bill provides that if the party commencing the action
  2  2 was required to furnish an undertaking in order to proceed with
  2  3 the lawsuit and an opposing party prevails, the court shall
  2  4 award the opposing party all costs, including a reasonable
  2  5 attorney fee, if the court determines that the action was in
  2  6 fact frivolous.
       LSB 1144XS (1) 87
       jh/rj