Senate Study Bill 1128 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act relating to the awarding of costs and reasonable 1 attorney fees regarding certain motions to dismiss to a 2 prevailing party in a civil action and including effective 3 date and applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2402XC (1) 87 jh/rj
S.F. _____ Section 1. NEW SECTION . 625.30 Costs —— attorney fees —— 1 prevailing parties. 2 1. Notwithstanding any law to the contrary, in a civil 3 action, if the court grants or denies a motion to dismiss for 4 failure to state a claim upon which any relief may be granted, 5 the court shall award costs and reasonable attorney fees to the 6 party prevailing on the motion if that party also prevails in 7 the action on the issue. 8 2. If the court partially grants the motion to dismiss or if 9 each party partially prevails in the action, the court shall 10 determine the extent to which each party is entitled to costs 11 and reasonable attorney fees under this section and award costs 12 and attorney fees accordingly. 13 3. This section does not apply to actions by or against the 14 state, other governmental entities, or public officials acting 15 in their official capacity or under color of law. 16 Sec. 2. LEGISLATIVE PROPOSALS. The supreme court shall 17 submit legislative proposals, no later than November 27, 2017, 18 to the senate and house of representatives standing committees 19 on judiciary to amend the Iowa Code to resolve inconsistencies 20 and conflicts and to remove ambiguities in order to fully 21 implement this Act. 22 Sec. 3. EFFECTIVE DATE. This Act takes effect July 1, 2018, 23 except for the section of this Act that requires the supreme 24 court to submit legislative proposals to the senate and house 25 of representatives standing committees on judiciary regarding 26 this Act. 27 Sec. 4. APPLICABILITY. This Act applies to causes of action 28 accruing on or after July 1, 2018. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill relates to the award of costs and reasonable 33 attorney fees regarding certain motions to dismiss to a 34 prevailing party in civil actions. 35 -1- LSB 2402XC (1) 87 jh/rj 1/ 2
S.F. _____ Under current law, subject to certain exceptions, each party 1 to a civil lawsuit is responsible for its own attorney fees. 2 The bill provides that if the court grants or denies a motion 3 to dismiss for failure to state a claim upon which any relief 4 may be granted, the court shall award costs and reasonable 5 attorney fees to the party prevailing on the motion if that 6 party also prevails in the action on the issue. If the court 7 partially grants the motion or if each party partially prevails 8 in the action, the bill requires the court to determine the 9 extent to which each party is entitled to costs and reasonable 10 attorney fees and to award the costs and attorney fees 11 accordingly. 12 The bill requires the supreme court to submit legislative 13 proposals, no later than November 27, 2017, to the senate and 14 house of representatives standing committees on judiciary to 15 amend the Iowa Code to resolve inconsistencies and conflicts 16 and to remove ambiguities in order to fully implement the bill. 17 The bill takes effect July 1, 2018, except for the 18 requirement that the supreme court submit legislative proposals 19 to the senate and house of representatives standing committees 20 on judiciary. 21 The bill applies to causes of action accruing on or after 22 July 1, 2018. 23 -2- LSB 2402XC (1) 87 jh/rj 2/ 2