2006 Legislation
Print Friendly

SENATE BILL NO. 1357 – Civil actions, maximum amt, costs

SENATE BILL NO. 1357

View Bill Status

View Bill Text

View Amendment

View Engrossed Bill (Original Bill with Amendment(s) Incorporated)

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



S1357aa..............................................by JUDICIARY AND RULES
CIVIL ACTIONS - Amends existing law relating to attorney's fees in civil
actions to increase the maximum dollar amount pleaded or claimed for
purposes of allowed costs; to clarify exceptions; and to provide correct
terminology.
                                                                        
02/07    Senate intro - 1st rdg - to printing
02/08    Rpt prt - to Jud
03/06    Rpt out - to 14th Ord
03/08    Rpt out amen - to engros
03/09    Rpt engros - 1st rdg - to 2nd rdg as amen
03/10    2nd rdg - to 3rd rdg as amen
03/13    3rd rdg as amen - PASSED - 19-16-0
      AYES -- Andreason, Broadsword, Bunderson, Burkett, Coiner, Compton,
      Corder, Davis, Gannon, Kelly, Keough, Langhorst, Little, Malepeai,
      Marley, McKenzie, Stegner, Stennett, Werk
      NAYS -- Brandt, Burtenshaw, Cameron, Darrington, Fulcher, Geddes,
      Goedde, Hill, Jorgenson, Lodge, McGee, Pearce, Richardson, Schroeder,
      Sweet, Williams
      Absent and excused -- None
    Floor Sponsor - Corder
    Title apvd - to House
03/14    House intro - 1st rdg - to Jud

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1357
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ATTORNEY'S FEES IN CIVIL ACTIONS; AMENDING SECTION  12-120,  IDAHO
  3        CODE,  TO  INCREASE  THE MAXIMUM DOLLAR AMOUNT PLEADED OR CLAIMED FOR PUR-
  4        POSES OF ALLOWED COSTS.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 12-120, Idaho Code, be, and the  same  is  hereby
  7    amended to read as follows:
                                                                        
  8        12-120.  ATTORNEY'S  FEES IN CIVIL ACTIONS. (1) Except as provided in sub-
  9    sections (3) and (4) of this section, in any action where the  amount  pleaded
 10    is twenty-five fifty thousand dollars ($250,000) or less, there shall be taxed
 11    and  allowed  to  the  prevailing party, as part of the costs of the action, a
 12    reasonable amount to be fixed by the court as attorney's fees. For the  plain-
 13    tiff to be awarded attorney's fees, for the prosecution of the action, written
 14    demand  for the payment of such claim must have been made on the defendant not
 15    less than ten (10) days before the commencement of the action; provided,  that
 16    no  attorney's  fees shall be allowed to the plaintiff if the court finds that
 17    the defendant tendered to the plaintiff, prior  to  the  commencement  of  the
 18    action,  an  amount  at least equal to ninety-five percent (95%) of the amount
 19    awarded to the plaintiff.
 20        (2)  The provisions of subsection (1) of this section shall also apply  to
 21    any counterclaims, cross-claims or third party claims which may be filed after
 22    the  initiation  of  the  original  action. Except that a ten (10) day written
 23    demand letter shall not be required in the case of a counterclaim.
 24        (3)  In any civil action to recover on an open  account,  account  stated,
 25    note,  bill, negotiable instrument, guaranty, or contract relating to the pur-
 26    chase or sale of goods, wares, merchandise, or services and in any  commercial
 27    transaction  unless  otherwise  provided by law, the prevailing party shall be
 28    allowed a reasonable attorney's fee to be set by the court, to  be  taxed  and
 29    collected as costs.
 30        The  term  "commercial  transaction"  is  defined to mean all transactions
 31    except transactions for personal or household purposes. The  term  "party"  is
 32    defined  to  mean  any  person, partnership, corporation, association, private
 33    organization, the state of Idaho or political subdivision thereof.
 34        (4)  In actions for personal injury, where the amount of plaintiff's claim
 35    for damages does not exceed twenty-five  fifty  thousand  dollars  ($250,000),
 36    there  shall be taxed and allowed to the claimant, as part of the costs of the
 37    action, a reasonable amount to be fixed by the court as attorney's  fees.  For
 38    the plaintiff to be awarded attorney's fees for the prosecution of the action,
 39    written  demand  for  payment  of the claim and a statement of claim must have
 40    been served on the defendant's insurer, if known, or  if  there  is  no  known
 41    insurer,  then on the defendant, not less than sixty (60) days before the com-
 42    mencement of the action; provided that no attorney's fees shall be allowed  to
 43    the plaintiff if the court finds that the defendant tendered to the plaintiff,
                                                                        
                                           2
                                                                        
  1    prior  to  the  commencement of the action, an amount at least equal to ninety
  2    percent (90%) of the amount awarded to the plaintiff.
  3        The term "statement of claim" shall mean a written statement signed by the
  4    plaintiff's attorney, or if no attorney, by the plaintiff which includes:
  5        (a)  An itemized statement of each and every item of damage claimed by the
  6        plaintiff including the amount claimed for general damages and the follow-
  7        ing items of special damages: (i) medical bills incurred up to the date of
  8        the plaintiff's demand; (ii) a  good  faith  estimate  of  future  medical
  9        bills;  (iii)  lost  income  incurred  up  to  the date of the plaintiff's
 10        demand; (iv) a good faith estimate of future loss of income; and (v) prop-
 11        erty damage for which the plaintiff has not been paid.
 12        (b)  Legible copies of all medical records, bills and other  documentation
 13        pertinent to the plaintiff's alleged damages.
 14        If  the  plaintiff includes in the complaint filed to commence the action,
 15    or in evidence offered at trial, a different alleged injury or  a  significant
 16    new  item  of  damage  not  set forth in the statement of claim, the plaintiff
 17    shall be deemed to have waived any entitlement to attorney's fees  under  this
 18    section.
 19        (5)  In  all  instances where a party is entitled to reasonable attorney's
 20    fees and costs under subsection (1), (2), (3) or (4)  of  this  section,  such
 21    party  shall  also  be entitled to reasonable postjudgment attorney's fees and
 22    costs incurred in attempting to collect on the judgment. Such attorney's  fees
 23    and  costs  shall  be set by the court following the filing of a memorandum of
 24    attorney's fees and costs with notice to all parties and hearing.
 25        (6)  In any small claims case resulting in entry of a  money  judgment  or
 26    judgment for recovery of specific property, the party in whose favor the judg-
 27    ment  is  entered shall be entitled to reasonable postjudgment attorney's fees
 28    and costs incurred in attempting to collect on the judgment.  Such  attorney's
 29    fees  and costs shall be set by the court following the filing of a memorandum
 30    of attorney's fees and costs with notice to all parties and an opportunity for
 31    hearing. The amount of such attorney's fees shall be determined by  the  court
 32    after consideration of the factors set out in rule 54(e)(3) of the Idaho rules
 33    of  civil procedure, or any future rule that the supreme court of the state of
 34    Idaho may promulgate, but the court shall not base its determination  of  such
 35    fees  upon any contingent fees arrangement between attorney and client, or any
 36    arrangement setting such fees as a percentage of the judgment  or  the  amount
 37    recovered. In no event shall postjudgment attorney's fees exceed the principal
 38    amount of the judgment or value of property recovered.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                                     Moved by    Corder              
                                                                        
                                                     Seconded by Kelly               
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1357
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in line 8,  delete  "as  provided  in"  and
  3    insert:  "as  provided in for personal injury cases and those cases subject to
  4    the provisions of"; in line 9, delete  "sections  (3)  and  (4)"  and  insert:
  5    "sections  (3)  and  (4)";  in  line  34,  delete  "plaintiff's"  and  insert:
  6    "plaintiff's  claimant's"; in line 35, delete "twenty-five fifty thousand dol-
  7    lars ($250,000)," and insert: "twenty-five thousand  dollars  ($25,000),";  in
  8    line  38,  following  the  first  "the"  insert:  "claimant who files suit and
  9    becomes a"; and in line 43, following "to the" delete "plaintiff" and  insert:
 10    "plaintiff claimant".
 11        On  page 2, delete line 4 and insert: "plaintiff's claimant's attorney, or
 12    if no attorney, by the plaintiff claimant which includes:"; in line 8,  delete
 13    "plaintiff's"   and  insert:  "plaintiff's  claimant's";  in  line  9,  delete
 14    "plaintiff's"  and  insert:  "plaintiff's  claimant's";  in  line  11,  delete
 15    "plaintiff" and insert: "plaintiff claimant"; in line 13, delete "plaintiff's"
 16    and insert: "plaintiff's claimant's";  in  line  14,  delete  "plaintiff"  and
 17    insert:  "plaintiff  claimant"; and in line 16, delete "plaintiff" and insert:
 18    "plaintiff claimant".
                                                                        
 19                                 CORRECTION TO TITLE
 20        On page 1, in line 4 following "COSTS" insert: ",  TO  CLARIFY  EXCEPTIONS
 21    AND TO PROVIDE CORRECT TERMINOLOGY".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1357, As Amended
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ATTORNEY'S FEES IN CIVIL ACTIONS; AMENDING SECTION  12-120,  IDAHO
  3        CODE,  TO  INCREASE  THE MAXIMUM DOLLAR AMOUNT PLEADED OR CLAIMED FOR PUR-
  4        POSES OF ALLOWED COSTS, TO CLARIFY EXCEPTIONS AND TO PROVIDE CORRECT  TER-
  5        MINOLOGY.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section  12-120, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        12-120.  ATTORNEY'S FEES IN CIVIL ACTIONS. (1) Except as provided  in  for
 10    personal injury cases and those cases subject to the provisions of subsections
 11    (3) and (4) of this section, in any action where the amount pleaded is twenty-
 12    five  fifty  thousand  dollars  ($250,000)  or  less, there shall be taxed and
 13    allowed to the prevailing party, as part of the costs of the action, a reason-
 14    able amount to be fixed by the court as attorney's fees. For the plaintiff  to
 15    be  awarded attorney's fees, for the prosecution of the action, written demand
 16    for the payment of such claim must have been made on the  defendant  not  less
 17    than  ten  (10)  days before the commencement of the action; provided, that no
 18    attorney's fees shall be allowed to the plaintiff if the court finds that  the
 19    defendant  tendered to the plaintiff, prior to the commencement of the action,
 20    an amount at least equal to ninety-five percent (95%) of the amount awarded to
 21    the plaintiff.
 22        (2)  The provisions of subsection (1) of this section shall also apply  to
 23    any counterclaims, cross-claims or third party claims which may be filed after
 24    the  initiation  of  the  original  action. Except that a ten (10) day written
 25    demand letter shall not be required in the case of a counterclaim.
 26        (3)  In any civil action to recover on an open  account,  account  stated,
 27    note,  bill, negotiable instrument, guaranty, or contract relating to the pur-
 28    chase or sale of goods, wares, merchandise, or services and in any  commercial
 29    transaction  unless  otherwise  provided by law, the prevailing party shall be
 30    allowed a reasonable attorney's fee to be set by the court, to  be  taxed  and
 31    collected as costs.
 32        The  term  "commercial  transaction"  is  defined to mean all transactions
 33    except transactions for personal or household purposes. The  term  "party"  is
 34    defined  to  mean  any  person, partnership, corporation, association, private
 35    organization, the state of Idaho or political subdivision thereof.
 36        (4)  In actions for personal  injury,  where  the  amount  of  plaintiff's
 37    claimant's  claim  for  damages  does  not exceed twenty-five thousand dollars
 38    ($25,000), there shall be taxed and allowed to the claimant, as  part  of  the
 39    costs  of  the  action, a reasonable amount to be fixed by the court as attor-
 40    ney's fees. For the claimant who files suit and  becomes  a  plaintiff  to  be
 41    awarded  attorney's fees for the prosecution of the action, written demand for
 42    payment of the claim and a statement of claim must have  been  served  on  the
 43    defendant's  insurer,  if  known, or if there is no known insurer, then on the
                                                                        
                                           2
                                                                        
  1    defendant, not less than sixty  (60)  days  before  the  commencement  of  the
  2    action;  provided  that  no  attorney's fees shall be allowed to the plaintiff
  3    claimant if the court finds that the  defendant  tendered  to  the  plaintiff,
  4    prior  to  the  commencement of the action, an amount at least equal to ninety
  5    percent (90%) of the amount awarded to the plaintiff.
  6        The term "statement of claim" shall mean a written statement signed by the
  7    plaintiff's claimant's attorney, or if no attorney, by the plaintiff  claimant
  8    which includes:
  9        (a)  An itemized statement of each and every item of damage claimed by the
 10        plaintiff including the amount claimed for general damages and the follow-
 11        ing items of special damages: (i) medical bills incurred up to the date of
 12        the  plaintiff's  claimant's  demand; (ii) a good faith estimate of future
 13        medical  bills;  (iii)  lost  income  incurred  up  to  the  date  of  the
 14        plaintiff's claimant's demand; (iv) a good faith estimate of  future  loss
 15        of  income;  and  (v) property damage for which the plaintiff claimant has
 16        not been paid.
 17        (b)  Legible copies of all medical records, bills and other  documentation
 18        pertinent to the plaintiff's claimant's alleged damages.
 19        If  the plaintiff claimant includes in the complaint filed to commence the
 20    action, or in evidence offered at trial, a different alleged injury or a  sig-
 21    nificant  new  item  of  damage  not  set forth in the statement of claim, the
 22    plaintiff claimant shall be deemed to have waived any  entitlement  to  attor-
 23    ney's fees under this section.
 24        (5)  In  all  instances where a party is entitled to reasonable attorney's
 25    fees and costs under subsection (1), (2), (3) or (4)  of  this  section,  such
 26    party  shall  also  be entitled to reasonable postjudgment attorney's fees and
 27    costs incurred in attempting to collect on the judgment. Such attorney's  fees
 28    and  costs  shall  be set by the court following the filing of a memorandum of
 29    attorney's fees and costs with notice to all parties and hearing.
 30        (6)  In any small claims case resulting in entry of a  money  judgment  or
 31    judgment for recovery of specific property, the party in whose favor the judg-
 32    ment  is  entered shall be entitled to reasonable postjudgment attorney's fees
 33    and costs incurred in attempting to collect on the judgment.  Such  attorney's
 34    fees  and costs shall be set by the court following the filing of a memorandum
 35    of attorney's fees and costs with notice to all parties and an opportunity for
 36    hearing. The amount of such attorney's fees shall be determined by  the  court
 37    after consideration of the factors set out in rule 54(e)(3) of the Idaho rules
 38    of  civil procedure, or any future rule that the supreme court of the state of
 39    Idaho may promulgate, but the court shall not base its determination  of  such
 40    fees  upon any contingent fees arrangement between attorney and client, or any
 41    arrangement setting such fees as a percentage of the judgment  or  the  amount
 42    recovered. In no event shall postjudgment attorney's fees exceed the principal
 43    amount of the judgment or value of property recovered.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                           RS 15892C1

To amend Idaho Code 12-120 relating to Attorney's fees, to
increase the maximum dollar amount pleaded or claimed for
purposes of allowed costs.



                          FISCAL IMPACT

There is no fiscal impact to the General Fund or Local
Government.




Contact
Name: Senator Tim Corder 
      Senator Kate Kelly
Phone: 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                        S 1357