SF 1210

as introduced - 90th Legislature (2017 - 2018) Posted on 02/21/2017 09:01am

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 and the relation between the amount of damages sought and the
amount of damages awarded.
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 amount of 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 Section 1 is effective August 1, 2017, and applies to actions commenced on or after that
date.
new text end