HB618 Alabama 2013 Session

Summary

Primary Sponsor

Jack Williams

Republican

Co-Sponsors

Lynn GreerEd Henry

Session

Regular Session 2013

Title

Attorneys' fees, litigation expenses, awarded when civil claim is not substantially justified, appeals, Secs. 12-19-271, 12-19-272, 12-19-273 am'd.; Sec. 12-19-273.1 added

Description

Under existing law, a court may award attorneys' fees and costs against any attorney or party who has brought a civil action or asserted a civil claim or defense without substantial justification.

This bill would specify that the costs that may be awarded along with attorneys' fees are litigation expenses.

This bill would allow a court to award litigation expenses against a party who is appearing without an attorney and brings a civil action or asserts a civil claim or defense without substantial justification.

This bill would no longer allow a court to consider the relative financial position of the parties involved when determining whether to award attorneys' fees or litigation expenses.

This bill would also allow for the appeal of a court order granting or refusing to grant an award of attorneys' fees or litigation expenses.

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Subjects

Civil Actions