Bill Text: IN SB0085 | 2012 | Regular Session | Introduced

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Bill Title: Attorney's fees in civil action.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2012-01-10 - Senator Kruse added as coauthor [SB0085 Detail]

Download: Indiana-2012-SB0085-Introduced.html

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Introduced Version

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SENATE BILL No. 85

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DIGEST OF INTRODUCED BILL

Citations Affected: IC 34-52-1-1.

Synopsis: Attorney's fees in civil action. Requires a court in a civil action to determine whether a nonprevailing party: (1) brought or continued to litigate an action or asserted a defense that was frivolous, unreasonable, or groundless; or (2) litigated the action in bad faith. Provides that if the court determines that a nonprevailing party has engaged in such conduct, the court shall require the nonprevailing party to reimburse the prevailing party for reasonable attorney's fees.

Effective: July 1, 2012.

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Banks, Yoder

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    January 4, 2012, read first time and referred to Committee on Judiciary.

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Introduced

Second Regular Session 117th General Assembly (2012)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2011 Regular Session of the General Assembly.

SENATE BILL No. 85

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    A BILL FOR AN ACT to amend the Indiana Code concerning civil procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 34-52-1-1; (12)IN0085.1.1. -->     SECTION 1. IC 34-52-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) In all civil actions, the party recovering judgment shall recover costs, except in those cases in which a different provision is made by law.
    (b) In any all civil action, actions, the court may award attorney's fees as part of the cost to the prevailing party. if the court finds that either party: shall determine whether a nonprevailing party:
        (1) brought the action or defense on a claim or defense that is frivolous, unreasonable, or groundless;
        (2) continued to litigate the action or defense after the party's claim or defense clearly became frivolous, unreasonable, or groundless; or
        (3) litigated the action in bad faith.
If the court determines that a nonprevailing party engaged in any of the actions described in subdivisions (1) through (3), the court shall require the nonprevailing party to reimburse the prevailing party for the reasonable attorney's fees incurred by the prevailing

party.
    (c) The award of fees under subsection (b) does not prevent a prevailing party from bringing an action against another party for abuse of process arising in any part on the same facts. However, the prevailing party may not recover the same attorney's fees twice.

SOURCE: ; (12)IN0085.1.2. -->     SECTION 2. [EFFECTIVE JULY 1, 2012] (a) The legislative services agency shall prepare legislation for introduction in the 2013 regular session of the general assembly to organize and correct statutes affected by this act.
    (b) This SECTION expires January 1, 2014.