Introduced Version
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.
January 4, 2012, read first time and referred to Committee on Judiciary.
Introduced
Second Regular Session 117th General Assembly (2012)
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SENATE BILL No. 85
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.