SF 429

1st Unofficial Engrossment - 87th Legislature (2011 - 2012)

Posted on 02/27/2012 10:30 a.m.

1.1A bill for an act 1.2relating to civil actions; providing a factor for determining the amount of attorney 1.3fees awarded in certain actions;proposing coding for new law in Minnesota 1.4Statutes, chapter 549. 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6    Section 1. new text begin [549.255] ATTORNEY FEES AWARDS. new text end 1.7     new text begin Subdivision 1. new text end new text begin Reasonable relation of fees to damages. new text end new text begin When a statute provides new text end 1.8 new text begin for the award of attorney fees to a party that has recovered money damages, the court, new text end 1.9 new text begin in setting the amount of attorney fees, must, in addition to other factors, take into new text end 1.10 new text begin consideration the reasonableness of the attorney fees sought in relation to the amount of new text end 1.11 new text begin damages awarded to the prevailing party and the relation between the amount of damages new text end 1.12 new text begin sought and the amount of damages awarded. new text end 1.13     new text begin Subd. 2. new text end new text begin Offer of judgment. new text end new text begin If an offer of judgment is made by a party under Rule new text end 1.14 new text begin 68 of the Rules of Civil Procedure to a party who claims money damages pursuant, in new text end 1.15 new text begin whole or in part, to a statute that provides for the award of attorney fees, and the party new text end 1.16 new text begin claiming attorney fees does not obtain a verdict in excess of the offer, exclusive of attorney new text end 1.17 new text begin fees, no attorney fees may be awarded for fees incurred after service of the offer of new text end 1.18 new text begin judgment. The party that rejects an offer of judgment must disclose the amount of attorney new text end 1.19 new text begin fees it has incurred as of the date of the service of the offer of judgment within the time new text end 1.20 new text begin period provided by Rule 68 for the acceptance of an offer of judgment. new text end 1.21    Sec. 2. new text begin EFFECTIVE DATE. new text end 1.22 new text begin Section 1 is effective August 1, 2012, and applies to actions commenced on or new text end 1.23 new text begin after that date. new text end