HB505 Alabama 2015 Session

Sponsors

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

Description

<p class="bill_description"> Under existing law, penalties may be assessed against a person who brings certain types of legal proceedings that are determined to be frivolous, unfounded, or without substantial justification</p><p class="bill_description"> This bill would provide that reasonable attorney fees and costs may be assessed against an attorney or litigant in a civil action if the court finds at any time during the proceedings or upon judgment that a complaint, claim, counterclaim, cross-claim, motion, pretrial application, affidavit, or other pleading, or any portion thereof, of the litigant or attorney was frivolous</p><p class="bill_description"> This bill would, in appropriate cases, allow the court to order non-monetary sanctions</p><p class="bill_description"> This bill would require a 21-day notice to a party to withdraw or modify the inappropriate pleading before a formal motion for sanction for frivolous pleadings could be filed with the court</p><p class="bill_entitled_an_act"> Relating to civil actions; to provide that reasonable attorney fees and costs may be assessed against an attorney or litigant in a civil action if the court finds at any time during the proceedings or upon judgment that a complaint, claim, counterclaim, cross-claim, motion, pretrial application, affidavit, or other pleading, or any portion thereof, of the litigant or attorney was frivolous; to allow the court, in appropriate cases, to order non-monetary sanctions; and to require a 21-day notice to a party to withdraw or modify the inappropriate pleading before a formal motion for sanction for frivolous pleadings could be filed with the court. </p>

Subjects

Civil Actions