HB566 Alabama 2013 Session

Summary

Primary Sponsor

Ed Henry

Republican

Co-Sponsors

Jim CarnsDuwayne BridgesJim PattersonWayne JohnsonRandy WoodDavid StandridgeWilliam RobertsTerri CollinsDonnie ChesteenLynn GreerMac McCutcheonMack N. ButlerRichard BaughnMike BallHoward SanderfordMike MillicanBarry MooreAllen FarleyKen JohnsonRichard J. LairdKerry RichLawrence McAdoryDavid SessionsRandy DavisMac Buttram

Session

Regular Session 2013

Title

Civil actions, attorney fees and costs awarded to prevailing party

Summary

HB566 would require courts to award attorney's fees to the prevailing party in all civil actions and allow an abuse-of-process claim based on the same facts, without awarding the same fees twice.

What This Bill Does

If enacted, every civil case would include an automatic award of attorney's fees to the party that wins, as part of court costs. The losing party would generally pay those fees. The bill also allows the winning party to pursue an abuse-of-process claim tied to the same facts, but the same attorney's fees cannot be recovered twice.

Who It Affects

• Prevailing parties in civil actions (plaintiffs or defendants who win) would automatically receive attorney's fees as part of costs.
• Losing parties in civil actions would be responsible for paying the winning party's attorney's fees as part of court costs, and could be involved in abuse-of-process claims related to the same facts.

Key Provisions

• Section 1(a): In all civil actions, the court shall award attorney's fees as part of the cost to the prevailing party.
• Section 1(b): The fee award does not prevent an abuse of process action arising from the same facts; however, the prevailing party may not recover additional attorney's fees for actions based on the same facts.
• Section 2: The act becomes effective on the first day of the third month following its passage and approval by the Governor.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Civil Actions