HB505 Alabama 2015 Session

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

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.