HB505 Alabama 2015 Session

Summary

Primary Sponsor

Jack W. Williams Senator

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

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.

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.

This bill would, in appropriate cases, allow the court to order non-monetary sanctions.

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.

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Subjects

Civil Actions