SENATE BILL No. 324
DIGEST OF INTRODUCED BILL
Citations Affected: IC 34-52-1-1.
Synopsis: Legal costs. Requires a court to award attorney's fees to the
prevailing party in all civil actions.
Effective: July 1, 2011.
Banks, Delph, Kruse
January 10, 2011, read first time and referred to Committee on Judiciary.
First Regular Session 117th General Assembly (2011)
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SENATE BILL No. 324
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; (11)IN0324.1.1. -->
SECTION 1. IC 34-52-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: 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.
any all civil action, actions, the court may shall 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
(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.
SOURCE: ; (11)IN0324.1.2. -->
SECTION 2. [EFFECTIVE JULY 1, 2011] (a) The legislative
services agency shall prepare legislation for introduction in the
2012 regular session of the general assembly to organize and
correct statutes affected by this act.
(b) This SECTION expires January 1, 2013.