SSB 3129

This bill relates to attorney fees and litigation costs in a civil action. The bill provides that a court shall award to a prevailing party in a civil action all attorney fees and litigation costs. _____ each party is entitled to costs and reasonable attorney fees and to award the costs and attorney fees accordingly. 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. Under current law, a court is typically not required to award attorney fees and litigation costs to a prevailing party in a civil action. The bill requires the supreme court to submit legislative proposals, no later than November 28, 2022, to the senate and house of representatives standing committees on judiciary to amend the Code to resolve inconsistencies and conflicts and to remove ambiguities in order to fully implement the bill. The bill takes effect July 1, 2023, except for the requirement that the supreme court submit legislative proposals to the senate and house of representatives standing committees on judiciary. The bill applies to causes of action accruing on or after July 1, 2023.