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HB113: relative to payment of attorneys' fees by the losing party in tort actions.
Bill details
Version history, amendments, and roll-call votes were not present in the imported local bill data.
Sponsors
- Howard Dickinson House · Carr 4
- H Charles Royce House · Ches 28
- David Babson House · Carr 6
- Robert Boyce Senate · Dist 4
- Sheila Roberge Senate · Dist 9
- Joseph Kenney Senate · Dist 3
- John Gallus Senate · Dist 1
Topics
Official links
HB 113 - AS INTRODUCED
2003 SESSION
03-0181
06/09
HOUSE BILL HB 113
AN ACT relative to payment of attorneys' fees by the losing party in tort actions.
ANALYSIS
This bill requires the losing party to pay the prevailing party's attorneys' fees and court costs in tort actions. The court may waive a portion of the fees and costs the losing party is required to pay, if the losing party proves that he or she is unable to pay the entire amount.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03-0181
06/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Three
AN ACT relative to payment of attorneys' fees by the losing party in tort actions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Losing Party's Payment of Prevailing Party's Attorneys' Fees and Court Costs in Tort Actions. Amend RSA 507 by inserting after section 16 the following new subdivision:
Payment of Attorneys' Fees and Court Costs in Tort Actions
507:17 Payment of Attorneys' Fees and Court Costs.
I. Except as provided in paragraph II, the court shall order the losing party to pay the prevailing party's attorneys' fees and court costs in tort actions.
II. The court shall offer the losing party the opportunity to present evidence to the court of inability to pay the entire amount of the prevailing party's attorneys' fees and court costs. If the court finds that the losing party is unable to pay the entire amount of attorneys' fees and court costs, it may waive the portion of the prevailing party's attorneys' fees and court costs which the losing party is unable to pay.
III. Nothing in this section shall prohibit an attorney from representing a client on a contingency fee basis.
2 Effective Date. This act shall take effect January 1, 2004.