ATTORNEY'S FEES & COSTS/STATE PREVAILS.

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View NCGA Bill Details2017-2018 Session
Senate Bill 613 (Public) Filed Tuesday, April 4, 2017
AN ACT TO ALLOW ATTORNEY'S FEES WHEN THE STATE IS THE PREVAILING PARTY IN CERTAIN CIVIL ACTIONS AND CLARIFY AND STANDARDIZE THE REQUIREMENTS TO AWARD ATTORNEY'S FEES IN ACTIONS INVOLVING THE STATE.
Intro. by McInnis, Tucker.

Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (Apr 5 2017)

Bill History:

S 613

Bill Summaries:

  • Summary date: Apr 4 2017 - View Summary

    Amends GS 6-19.1. Amends the caption to read "Attorney's fees in certain actions involving the State." Applies the currently existing statute to cases where attorneys' fees are assessed against an agency of the State.

    Enacts new subsection (c), for cases where the State is the prevailing party. Requires the Court to allow the State to recover reasonable attorneys' fees and costs in any civil action or other proceeding where the State prevails, and the claim or issue involves either a contest of the State's ability to construct transportation improvements, or relief based on environmental impact. Provides that attorneys' fees include those applicable to any administrative portion of the case. Specifies that contracts between the law firm and named parties to reimburse the firm for attorneys' fees are valid and enforceable. Allows law firms to avoid liability if the named parties post a bond for the payment of attorneys' fees and costs in an amount determined by the judge.

    Further requires a judge awarding attorneys' fees to issue the award via written order including the factual basis and amount to be awarded.

    Defines law firm and State.

    Effective September 1, 2017, and applies to actions or proceedings filed on or after that date.