Bill Text: MS SB2011 | 2010 | Regular Session | Introduced
Bill Title: English rule; allow prevailing party to recover attorney's fees.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2010-02-02 - Died In Committee [SB2011 Detail]
Download: Mississippi-2010-SB2011-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Judiciary, Division A
By: Senator(s) Fillingane (By Request)
Senate Bill 2011
AN ACT TO PROVIDE FOR AWARD OF ATTORNEY'S FEES TO THE PREVAILING PARTY IN A LEGAL ACTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Except as provided in subsection (3) of this section and except as otherwise agreed to by the parties, the prevailing party in a civil case shall be awarded a reasonable amount to be fixed by the court as attorney's fees. For the purposes of this act, the term "prevailing party" means a party to an action who obtains a final judgment other than by settlement on all or a portion of the claims asserted during the litigation.
(2) The provisions of subsection (1) of this section shall also apply to any counterclaims, cross-claims or third-party claims which may be filed after the initiation of the original action.
(3) (a) In any action based on an instrument which provides for attorney's fees, the court shall base its award of attorney's fees on the instrument.
(b) In any action based on a statute which provides for attorney's fees, the court shall base its award of attorney's fees on the statute.
(4) In all instances where a party is entitled to reasonable attorney's fees and costs under subsection (1), (2) or (3) of this section, the party shall also be entitled to reasonable post-judgment attorney's fees and costs incurred in attempting to collect the judgment. The attorney's fees and costs shall be set by the court following the filing of a memorandum of attorney's fees and costs with notice to all parties and after hearing.
SECTION 2. This act shall take effect and be in force from and after July 1, 2010.
