2017 Montana Legislature

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SENATE BILL NO. 288

INTRODUCED BY E. BUTTREY

 

A BILL FOR AN ACT ENTITLED: "AN ACT AWARDING ATTORNEY FEES AND COSTS TO A PREVAILING PARTY IN CERTAIN PROCEEDINGS; REQUIRING A COURT TO AWARD ATTORNEY FEES TO A PREVAILING PARTY IF A COURT GRANTS A MOTION TO DISMISS A PROCEEDING FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED; PROVIDING THAT THE PROPOSED ACT BE SUBMITTED TO THE QUALIFIED ELECTORS OF MONTANA; AMENDING SECTION 25-10-102, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE."

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

     NEW SECTION.  Section 1.  Award of attorney fees to prevailing party -- motion to dismiss for failure to state claim. (1) Upon an order by a court granting a motion to dismiss for failure to state a claim upon which relief can be granted under the Montana Rules of Civil Procedure, the court shall award reasonable attorney fees to the prevailing party incurred as a result of defending the dismissed proceeding.

     (2) This section does not apply to a civil proceeding brought against the state, a political subdivision or agency of the state, or a public officer acting in the officer's official capacity.

 

     Section 2.  Section 25-10-102, MCA, is amended to read:

     "25-10-102.  When costs allowed, of course, to defendant. (1) Costs must be allowed, of course, to the defendant:

     (a) upon a judgment in the defendant's favor in the actions mentioned in 25-10-101; and

     (b) upon a court order granting a motion to dismiss for failure to state a claim upon which relief can be granted under the Montana Rules of Civil Procedure.

     (2) Subsection (1)(b) does not apply to a civil proceeding brought against the state, a political subdivision or agency of the state, or a public officer acting in the officer's official capacity."

 

     NEW SECTION.  Section 3.  Codification instruction. [Section 1] is intended to be codified as an integral part of Title 25, chapter 10, part 3, and the provisions of Title 25, chapter 10, part 3, apply to [section 1].

 

     NEW SECTION.  Section 4.  Effective date. [This act] is effective upon approval by the electorate.

 

     NEW SECTION.  Section 5.  Applicability. [This act] applies to proceedings filed on or after [the effective date of this act].

 

     NEW SECTION.  Section 6.  Submission to electorate. [This act] shall be submitted to the qualified electors of Montana at the general election to be held in November 2018 by printing on the ballot the full title of [this act] and the following:

     []      YES on Legislative Referendum ____.

     []      NO on Legislative Referendum ____.

- END -

 


Latest Version of SB 288 (SB0288.01)
Processed for the Web on February 15, 2017 (8:42pm)

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