HB618 Alabama 2013 Session

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

Relating to civil actions; to amend Sections 12-19-271, 12-19-272, and 12-19-273, Code of Alabama 1975, by specifying that a court may award attorneys' fees and litigation expenses against any attorney or party who has brought a civil action or asserted a civil claim or defense without substantial justification; by allowing the awarding of such attorneys' fees and litigation expenses against a party who is not represented by an attorney who brings such a civil action or makes such a claim; and to add a new Section 12-19-273.1 to the Code of Alabama 1975, to provide an appeal process for a court order to grant or refuse to grant attorneys' fees or litigation expenses.