HOUSE BILL No. 1277
DIGEST OF INTRODUCED BILL
Citations Affected: IC 34-52-1-1.
Synopsis: Civil actions and attorney's fees. Requires a court to award
attorney's fees to the prevailing party in all civil actions.
Effective: July 1, 2006.
January 10, 2006, read first time and referred to Committee on Judiciary.
Second Regular Session 114th General Assembly (2006)
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HOUSE BILL No. 1277
A BILL FOR AN ACT to amend the Indiana Code concerning civil
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 34-52-1-1; (06)IN1277.1.1. -->
SECTION 1. IC 34-52-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: 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.
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
(3) litigated the action in bad faith.
(c) The award of fees under subsection (b) 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.