Introduced Version
HOUSE BILL No. 1137
_____
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.
January 9, 2012, read first time and referred to Committee on Judiciary.
Introduced
Second Regular Session 117th General Assembly (2012)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2011 Regular Session of the General Assembly.
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.