SF 330 (LSB 1859XS (3) 91)

SENATE FILE 330

BY  DICKEY

A BILL FOR

An Act relating to awarding costs and reasonable attorney fees to a prevailing party in a civil action and including effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  625.30  Costs —— attorney fees —— prevailing parties.
   1.  Notwithstanding any law to the contrary, in a civil action the court shall award costs and reasonable attorney fees to a prevailing party.
   2.  This section does not apply to actions by or against the state, other governmental entities, or public officials acting in their official capacity or under color of law.
   3.  For purposes of this section, “prevailing party” means a party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, or a defendant as against a plaintiff who does not recover any relief against the defendant. If a party recovers other than monetary relief and in situations other than as specified, the court shall determine if a party is a prevailing party for purposes of this section.
    Sec. 2.  LEGISLATIVE PROPOSALS.  The supreme court shall submit legislative proposals, in due course, to the senate and house of representatives standing committees on judiciary to amend the Iowa Code to delete redundancies, resolve inconsistencies and conflicts, and remove any ambiguities caused by this Act.
    Sec. 3.  APPLICABILITY.  This Act applies to causes of action filed on or after July 1, 2025.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the award of costs and reasonable attorney fees to a prevailing party in civil actions.
   Under current law, subject to certain exceptions, each party to a civil lawsuit is responsible for its own attorney fees. The bill provides that a court shall award costs and reasonable attorney fees to a prevailing party. The bill defines prevailing party as the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, or a defendant as against a plaintiff who does not recover any relief against the defendant. If a party recovers other than monetary relief and in situations other than as specified, the court shall determine if a party is a prevailing party. The bill does not apply to actions by or against the state, other governmental entities, or public officials acting in their official capacity or under color of law.
   The bill requires the supreme court to submit legislative proposals, in due course, to the senate and house of representatives standing committees on judiciary to amend the Iowa Code to delete redundancies, resolve inconsistencies and conflicts, and remove any ambiguities caused by the bill.
   The bill applies to causes of action filed on or after July 1, 2025.