HF 1529

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:52am

A bill for an act
relating to civil proceedings; removing a dollar limitation on attorney or agent
fees in certain cases; amending Minnesota Statutes 2008, section 15.471,
subdivision 5.

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

Section 1.

Minnesota Statutes 2008, section 15.471, subdivision 5, is amended to read:

Subd. 5.

Fees.

"Fees" means the reasonable attorney fees or reasonable fees charged
by a person not an attorney who is authorized by law or rule to represent the party and
may include reasonable charges by the party, the party's employee, or agent. The amount
of fees must be based upon prevailing market rates for the kind and quality of the services
furnished, subject to the following limitations:

(a) In a court action, an expert witness may not be compensated at a rate in excess of
the highest rate of compensation for expert witnesses paid by the state.

(b) In a contested case proceeding, an expert witness may not be compensated
at a rate in excess of the highest rate of compensation for expert witnesses paid by the
state agency involved.

deleted text begin (c) Attorney or agent fees may not be awarded in excess of $125 per hour unless
the court or administrative law judge determines that an increase in the cost of living or a
special factor, such as the limited availability of qualified attorneys or agents for the
proceedings involved, justifies a higher fee.
deleted text end