SF 2047

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil actions; providing a factor for 
  1.3             determining the amount of attorney fees awarded in 
  1.4             certain actions; proposing coding for new law in 
  1.5             Minnesota Statutes, chapter 549. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [549.255] [ATTORNEY FEES AWARDS.] 
  1.8      (a) When a statute provides for the award of attorney fees 
  1.9   to a party that has recovered money damages, the court, in 
  1.10  setting the amount of attorney fees, may take into consideration 
  1.11  the reasonableness of the attorney fees sought to the amount of 
  1.12  damages awarded to the party. 
  1.13     (b) If an offer of judgment is made by a party under Rule 
  1.14  68 of the Rules of Civil Procedure and the party claiming 
  1.15  attorney fees does not obtain judgment in excess of the offer, 
  1.16  no attorney fees may be awarded for fees incurred after service 
  1.17  of the offer of judgment.  
  1.18     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  1.19  and applies to actions commenced on or after that date.