Introduced Version




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)

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.
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    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; (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.
    (b) In 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 groundless; 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.