Bill Text: IN HB1145 | 2012 | Regular Session | Introduced
Bill Title: Qualified settlement offers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-09 - First reading: referred to Committee on Judiciary [HB1145 Detail]
Download: Indiana-2012-HB1145-Introduced.html
Citations Affected: IC 34-50-1-6.
Synopsis: Qualified settlement offers. Increases from $1,000 to
$10,000 the amount of attorney's fees, costs, and expenses that may be
awarded by a court under certain circumstances when a qualified
settlement offer in a civil action is rejected.
Effective: July 1, 2012.
January 6, 2012, read first time and referred to Committee on Judiciary.
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A BILL FOR AN ACT to amend the Indiana Code concerning civil
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(1) a recipient does not accept a qualified settlement offer; and
(2) the final judgment is less favorable to the recipient than the terms of the qualified settlement offer;
the court shall award attorney's fees, costs, and expenses to the offeror upon the offeror's motion.
(b) An award of attorney's fees, costs, and expenses under this section must consist of attorney's fees at a rate of not more than one hundred dollars ($100) per hour and other costs and expenses incurred by the offeror after the date of the qualified settlement offer. However, the award of attorney's fees, costs, and expenses may not total more than
(c) A motion for an award of attorney's fees, costs, and expenses under this section must be filed not more than thirty (30) days after entry of judgment. The motion must be accompanied by an affidavit of the offeror or the offeror's attorney establishing the amount of the
attorney's fees and other costs and expenses incurred by the offeror
after the date of the qualified settlement offer. The affidavit constitutes
prima facie proof of the reasonableness of the amount.
(d) Where appropriate, the court may order a judgment entered
against the offeror and in favor of the recipient reduced by the amount
of attorney's fees, costs, and expenses awarded to the offeror under this
section (or IC 34-4-44.6-8 before its repeal).
