Introduced Version






HOUSE BILL No. 1137

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 34-52-1-1.

Synopsis: Legal costs and attorney's fees. Provides that a court shall award costs and attorney's fees to a prevailing party if the court grants a motion to dismiss due to a claim not having a basis in law or fact.

Effective: July 1, 2012.





Wesco




    January 9, 2012, read first time and referred to Committee on Judiciary.







Introduced

Second Regular Session 117th General Assembly (2012)


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HOUSE BILL No. 1137



    A BILL FOR AN ACT to amend the Indiana Code concerning civil procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 34-52-1-1; (12)IN1137.1.1. -->     SECTION 1. IC 34-52-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) In all civil actions, the party recovering judgment shall recover costs, except in those cases in which a different provision is made by law.
    (b) Except as provided in subsection (c), in any civil action, the court may award attorney's fees as part of the cost to the prevailing party, if the court finds that either party:
        (1) brought the action or defense on a claim or defense that is frivolous, unreasonable, or groundless;
        (2) continued to litigate the action or defense after the party's claim or defense clearly became frivolous, unreasonable, or groundless; or
        (3) litigated the action in bad faith.
     (c) In a civil action in which the court grants a motion to dismiss, in whole or in part, due to a claim not having a basis in law or fact, the court shall award costs and attorney's fees to the prevailing party.
    (c) (d) The award of fees under subsection (b) or (c) does not prevent a prevailing party from bringing an action against another party for abuse of process arising in any part on the same facts. However, the prevailing party may not recover the same attorney's fees twice.