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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 - 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.
]]]] 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".
]]]] 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
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