HB505 Alabama 2015 Session

Summary

Primary Sponsor

Jack W. WilliamsSenator

Republican

Session

Regular Session 2015

Title

Civil actions, frivolous lawsuits, court authorized to order non-monetary sanctions, require 21-day notice to withdraw or modify inappropriate pleadings

Summary

HB505 would let courts order reasonable attorney fees and costs against attorneys or litigants for frivolous civil pleadings, allow non-monetary sanctions, and require a 21-day notice before sanctions can be sought.

What This Bill Does

If a judge finds a pleading in a civil case frivolous, the bill allows the court to require the responsible attorney or litigant to pay reasonable attorney fees and costs, including experts and prejudgment interest. In appropriate cases, the court may impose non-monetary sanctions to deter repetition. Before a formal sanctions motion can be filed, the party must receive a 21-day notice to withdraw or modify the offending pleading. The bill also describes the standards the court will use to determine whether a pleading is frivolous.

Who It Affects

• Attorneys representing litigants in civil actions: may be required to pay reasonable attorney fees and costs if the court finds their pleadings frivolous.
• Civil litigants (plaintiffs or defendants): may be required to pay the other party's reasonable attorney fees and costs for frivolous pleadings; the prevailing party on a sanctions motion may be awarded those fees and costs.

Key Provisions

• Authorizes reasonable attorney fees and costs to be assessed against an attorney or litigant if a court finds a pleading or portion thereof to be frivolous.
• Authorizes non-monetary sanctions in appropriate cases.
• Requires a 21-day notice to the opposing party before a formal motion for sanctions can be filed for frivolous pleadings.
• Outlines the standards for determining frivolous conduct, including bad faith, lack of reasonable basis, and lack of evidentiary support.
• Allows the prevailing party on a sanctions motion to be awarded reasonable attorney fees and costs incurred in filing or defending the motion.
• Sets the process for seeking sanctions, including the need for a detailed affidavit and findings on the record, and establishes the effective date.

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