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

Summary

HB618 would let Alabama courts order payment of attorneys' fees and other litigation expenses against parties or attorneys whose civil actions or defenses are found to lack substantial justification, including when a party represents themselves, remove consideration of wealth in deciding such awards, and create a right to appeal these awards.

What This Bill Does

The bill allows courts to award reasonable attorneys' fees and other litigation expenses against any party or attorney whose civil action, claim, or defense is found to be without substantial justification. It explicitly covers cases where a party appears without an attorney (pro se). It would remove the consideration of a party's relative financial position when determining whether to award fees or expenses, and it creates an appeal process for court orders granting or denying such awards.

Who It Affects

• Pro se litigants—unrepresented individuals who file civil actions or assert claims without substantial justification and could be ordered to pay litigation expenses.
• Attorneys or represented parties who file civil actions, claims, or defenses without substantial justification and could be ordered to pay attorneys' fees and litigation expenses.

Key Provisions

• Costs that may be awarded with attorneys' fees are defined to include litigation expenses.
• A court may award litigation expenses against a party appearing without an attorney who brings a civil action or asserts a civil claim or defense without substantial justification.
• The bill would remove the consideration of the relative financial position of the parties when deciding whether to award attorneys' fees or litigation expenses.
• It adds an appeal process for court orders granting or denying such awards (Section 12-19-273.1).
• The changes modify Sections 12-19-271, 12-19-272, and 12-19-273 to implement these provisions.

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