View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
S1154................................................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. 02/13 Senate intro - 1st rdg - to printing 02/14 Rpt prt - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE SENATE SENATE BILL NO. 1154 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 8 of 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.
STATEMENT OF PURPOSE RS 16633 This legislation seeks to increase the amount pleaded or claimed for purposes of allowed costs. If enacted, this expeditious and less expensive alternative to typical litigation would benefit a greater percentage of citizens and assist the management of court resources. The amendments are supported by Consumer Price Index adjustments. FISCAL NOTE There is no negative impact to the state General Fund. Contact Name: Senator Tim Corder Phone: 332-1336 STATEMENT OF PURPOSE/FISCAL NOTE S 1154