Bill Text: AZ HB2544 | 2012 | Fiftieth Legislature 2nd Regular | Chaptered
Bill Title: Recovery of attorney fees
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-05-07 - Governor Signed [HB2544 Detail]
Download: Arizona-2012-HB2544-Chaptered.html
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House Engrossed |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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CHAPTER 305
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HOUSE BILL 2544 |
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AN ACT
amending sections 12-341.01, 12-349 and 39-121.02, Arizona Revised Statutes; relating to attorney fees.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-341.01, Arizona Revised Statutes, is amended to read:
12-341.01. Recovery of attorney fees
A. In any contested action arising out of a contract, express or implied, the court may award the successful party reasonable attorney fees. If a written settlement offer is rejected and the judgment finally obtained is equal to or more favorable to the offeror than an offer made in writing to settle any contested action arising out of a contract, the offeror is deemed to be the successful party from the date of the offer and the court may award the successful party reasonable attorney fees. This section shall in no manner not be construed as altering, prohibiting or restricting present or future contracts or statutes that may provide for attorney fees.
B. The award of reasonable attorney fees pursuant to subsection A this section should be made to mitigate the burden of the expense of litigation to establish a just claim or a just defense. It need not equal or relate to the attorney fees actually paid or contracted, but the award may not exceed the amount paid or agreed to be paid.
C. The court shall award reasonable attorney fees in any contested action upon clear and convincing evidence that the claim or defense constitutes harassment, is groundless and is not made in good faith. In making the award, the court may consider any evidence it deems appropriate and shall receive this evidence during a trial on the merits of the cause, or separately, regarding the amount of fees it deems in the best interest of the litigating parties.
D. C. The court and not a jury shall award reasonable attorney fees under this section.
Sec. 2. Section 12-349, Arizona Revised Statutes, is amended to read:
12-349. Unjustified actions; attorney fees, expenses and double damages; exceptions; definition
A. Except as otherwise provided by and not inconsistent with another statute, in any civil action commenced or appealed in a court of record in this state, the court shall assess reasonable attorney fees, expenses and, at the court's discretion, double damages of not to exceed five thousand dollars against an attorney or party, including this state and political subdivisions of this state, if the attorney or party does any of the following:
1. Brings or defends a claim without substantial justification.
2. Brings or defends a claim solely or primarily for delay or harassment.
3. Unreasonably expands or delays the proceeding.
4. Engages in abuse of discovery.
B. The court may allocate the payment of attorney fees among the offending attorneys and parties, jointly or severally, and may assess separate amounts against an offending attorney or party.
C. Attorney fees shall not be assessed if after filing an action a voluntary dismissal is filed for any claim or defense within a reasonable time after the attorney or party filing the dismissal knew or reasonably should have known that the claim or defense was without substantial justification.
D. This section does not apply to the adjudication of civil traffic violations or to any proceedings brought by this state pursuant to title 13.
E. Notwithstanding any other law, this state and political subdivisions of this state may be awarded attorney fees pursuant to this section.
F. In For the purposes of this section, "without substantial justification" means that the claim or defense constitutes harassment, is groundless and is not made in good faith.
Sec. 3. Section 39-121.02, Arizona Revised Statutes, is amended to read:
39-121.02. Action on denial of access; costs and attorney fees; damages
A. Any person who has requested to examine or copy public records pursuant to this article, and who has been denied access to or the right to copy such records, may appeal the denial through a special action in the superior court, pursuant to the rules of procedure for special actions against the officer or public body.
B. The court may award attorney fees and other legal costs that are reasonably incurred in any action under this article if the person seeking public records has substantially prevailed. Nothing in this paragraph subsection shall limit the rights of any party to recover attorney fees pursuant to section 12-341.01, subsection C, or attorney fees, expenses and double damages pursuant to section 12-349.
C. Any person who is wrongfully denied access to public records pursuant to this article has a cause of action against the officer or public body for any damages resulting from the denial.
Sec. 4. Effective date
This act is effective from and after December 31, 2012.
APPROVED BY THE GOVERNOR MAY 7, 2012.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 8, 2012.
