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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN 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 istwenty-fivefifty 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 exceedtwenty-fivefifty 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.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006Moved 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 infor 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'sclaimant's"; in line 35, delete "twenty-fivefifty 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 "plaintiffclaimant". 11 On page 2, delete line 4 and insert: "plaintiff'sclaimant's attorney, or 12 if no attorney, by theplaintiffclaimant which includes:"; in line 8, delete 13 "plaintiff's" and insert: "plaintiff'sclaimant's"; in line 9, delete 14 "plaintiff's" and insert: "plaintiff'sclaimant's"; in line 11, delete 15 "plaintiff" and insert: "plaintiffclaimant"; in line 13, delete "plaintiff's" 16 and insert: "plaintiff'sclaimant's"; in line 14, delete "plaintiff" and 17 insert: "plaintiffclaimant"; and in line 16, delete "plaintiff" and insert: 18 "plaintiffclaimant". 19 CORRECTION TO TITLE 20 On page 1, in line 4 following "COSTS" insert: ", TO CLARIFY EXCEPTIONS 21 AND TO PROVIDE CORRECT TERMINOLOGY".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN 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) Exceptas provided infor 10 personal injury cases and those cases subject to the provisions of subsections11 (3)and (4)of this section, in any action where the amount pleaded istwenty-12fivefifty 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 ofplaintiff's37 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 theplaintiff3 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 7plaintiff'sclaimant's attorney, or if no attorney, by theplaintiffclaimant 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 theplaintiff'sclaimant's demand; (ii) a good faith estimate of future 13 medical bills; (iii) lost income incurred up to the date of the 14plaintiff'sclaimant's demand; (iv) a good faith estimate of future loss 15 of income; and (v) property damage for which theplaintiffclaimant has 16 not been paid. 17 (b) Legible copies of all medical records, bills and other documentation 18 pertinent to theplaintiff'sclaimant's alleged damages. 19 If theplaintiffclaimant 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 22plaintiffclaimant 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 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