Senate File 71 - Introduced SENATE FILE 71 BY CHELGREN A BILL FOR An Act providing sanctions for the filing of frivolous actions. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1144XS (1) 87 jh/rj

S.F. 71 Section 1. Section 617.16, Code 2017, is amended to read as 1 follows: 2 617.16 Frivolous actions. 3 1. If a party commencing an action has in the preceding 4 five-year period unsuccessfully prosecuted three or more 5 actions, the court may, if it deems the actions to have been 6 frivolous, stay the proceedings until that the party furnishes 7 an undertaking secured by cash or approved sureties to pay all 8 costs resulting to an opposing parties party to the action 9 including a reasonable attorney fee. 10 2. The court shall review each petition commencing an 11 action within fifteen days of filing. If the court determines 12 that the petition, on its face, appears to be frivolous, the 13 court shall stay the proceedings until the party commencing the 14 action furnishes an undertaking secured by cash or approved 15 sureties to pay all costs resulting to an opposing party to the 16 action including a reasonable attorney fee. 17 3. If the party commencing an action furnishes an 18 undertaking pursuant to subsection 1 or 2 and an opposing party 19 prevails, the court shall award the opposing party all costs, 20 including a reasonable attorney fee, if the court determines 21 that the action was frivolous. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill provides for sanctions for the filing of frivolous 26 actions in certain circumstances. 27 The bill provides that after a petition commencing an action 28 is filed, the court must review the petition within 15 days 29 of filing. If the court determines that the petition, on 30 its face, appears to be frivolous, the court must stay the 31 proceedings until the party commencing the action furnishes an 32 undertaking secured by cash or approved sureties to pay all 33 costs resulting to an opposing party including a reasonable 34 attorney fee. 35 -1- LSB 1144XS (1) 87 jh/rj 1/ 2

S.F. 71 The bill provides that if the party commencing the action 1 was required to furnish an undertaking in order to proceed with 2 the lawsuit and an opposing party prevails, the court shall 3 award the opposing party all costs, including a reasonable 4 attorney fee, if the court determines that the action was in 5 fact frivolous. 6 -2- LSB 1144XS (1) 87 jh/rj 2/ 2