HF 1845

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to civil actions; providing a factor for
determining the amount of attorney fees awarded in
certain actions; proposing coding for new law in
Minnesota Statutes, chapter 549.

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

Section 1.

new text begin [549.255] ATTORNEY FEES AWARDS.
new text end

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 for the award of attorney fees
to a party that has recovered money damages, the court, in
setting the amount of attorney fees, must, in addition to other
factors, take into consideration the reasonableness of the
attorney fees sought in relation to the amount of damages
awarded to the prevailing party.
new text end

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 68 of the Rules of Civil Procedure to
a party who claims money damages pursuant, in whole or in part,
to a statute that provides for the award of attorney fees, and
the party claiming attorney fees does not obtain a verdict in
excess of the offer, exclusive of attorney fees, no attorney
fees may be awarded for fees incurred after service of the offer
of judgment. The party that rejects an offer of judgment must
disclose the attorney fees it has incurred as of the date of the
service of the offer of judgment within the time period provided
by Rule 68 for the acceptance of an offer of judgment.
new text end

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective August 1, 2005, and applies to
actions commenced on or after that date.
new text end