Minnesota Legislature
SF 429
1st Unofficial Engrossment - 87th Legislature (2011 - 2012) Posted on 02/27/2012 10:30am
KEY: stricken = removed, old language.
underscored = added, new language.
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. [549.255] ATTORNEY FEES AWARDS.
1.7 Subdivision 1. Reasonable relation of fees to damages. When a statute provides
1.8for the award of attorney fees to a party that has recovered money damages, the court,
1.9in setting the amount of attorney fees, must, in addition to other factors, take into
1.10consideration the reasonableness of the attorney fees sought in relation to the amount of
1.11damages awarded to the prevailing party and the relation between the amount of damages
1.12sought and the amount of damages awarded.
1.13 Subd. 2. Offer of judgment. If an offer of judgment is made by a party under Rule
1.1468 of the Rules of Civil Procedure to a party who claims money damages pursuant, in
1.15whole or in part, to a statute that provides for the award of attorney fees, and the party
1.16claiming attorney fees does not obtain a verdict in excess of the offer, exclusive of attorney
1.17fees, no attorney fees may be awarded for fees incurred after service of the offer of
1.18judgment. The party that rejects an offer of judgment must disclose the amount of attorney
1.19fees it has incurred as of the date of the service of the offer of judgment within the time
1.20period provided by Rule 68 for the acceptance of an offer of judgment.
1.21 Sec. 2. EFFECTIVE DATE.
1.22Section 1 is effective August 1, 2012, and applies to actions commenced on or
1.23after that date.
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. [549.255] ATTORNEY FEES AWARDS.
1.7 Subdivision 1. Reasonable relation of fees to damages. When a statute provides
1.8for the award of attorney fees to a party that has recovered money damages, the court,
1.9in setting the amount of attorney fees, must, in addition to other factors, take into
1.10consideration the reasonableness of the attorney fees sought in relation to the amount of
1.11damages awarded to the prevailing party and the relation between the amount of damages
1.12sought and the amount of damages awarded.
1.13 Subd. 2. Offer of judgment. If an offer of judgment is made by a party under Rule
1.1468 of the Rules of Civil Procedure to a party who claims money damages pursuant, in
1.15whole or in part, to a statute that provides for the award of attorney fees, and the party
1.16claiming attorney fees does not obtain a verdict in excess of the offer, exclusive of attorney
1.17fees, no attorney fees may be awarded for fees incurred after service of the offer of
1.18judgment. The party that rejects an offer of judgment must disclose the amount of attorney
1.19fees it has incurred as of the date of the service of the offer of judgment within the time
1.20period provided by Rule 68 for the acceptance of an offer of judgment.
1.21 Sec. 2. EFFECTIVE DATE.
1.22Section 1 is effective August 1, 2012, and applies to actions commenced on or
1.23after that date.