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