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HB328: relative to the allocation of costs in court actions.
Bill details
Version history, amendments, and roll-call votes were not present in the imported local bill data.
Sponsors
- Thomas Arnold House ยท Hills 46
Topics
Official links
HB 328 - AS INTRODUCED
2003 SESSION
03-0064
09/10
HOUSE BILL 328
AN ACT relative to the allocation of costs in court actions.
ANALYSIS
This bill provides that a judge may consider a court action frivolous if a party proceeds with an action or defense which is intended to cause undue delay or unreasonable costs. The bill also requires a judge who does not award the losing party court costs and attorney's fees in an action which the judge determined to be frivolous to include an explanation of the failure to award court costs and attorneys' fees in the opinion.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03-0064
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Three
AN ACT relative to the allocation of costs in court actions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Allocation of Court Costs; Frivolous Actions. Amend RSA 507:15 to read as follows:
507:15 Penalties for Frivolous Actions.
I. If, upon the hearing of any contract or tort action, it clearly appears to the court that the action or any defense is frivolous or intended to harass or intimidate the prevailing party or intended to cause undue delay or unreasonable costs to the prevailing party, then the court, upon motion of the prevailing party or on its own motion, may order summary judgment against the party who brought such action or raised such defense, and award the amount of costs and attorneys' fees incurred by the prevailing party plus $1,000 to be paid to the prevailing party, provided such costs and fees are reasonable.
II. A judge who does not award the losing party court costs and attorneys' fees in an action which the judge determined to be frivolous shall include an explanation of the failure to award court costs and attorneys' fees in the opinion.
III. The trial judge shall [also] report [such] conduct under paragraph I to the supreme court committee on professional conduct.
2 Effective Date. This act shall take effect January 1, 2004.