GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

S                                                                                                                                                     1

SENATE BILL 942

 

 

Short Title:        Civil Litigation Costs Reform Act of 2009.

(Public)

Sponsors:

Senators Rouzer;  Apodaca, Brown, and Tillman.

Referred to:

Judiciary I.

March 26, 2009

A BILL TO BE ENTITLED

AN ACT to Establish as a general rule in civil actions That Prevailing defendants be awarded attorneys' fees.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 23 of Chapter 1 of the General Statutes is amended by adding a new section to read:

" 1-246.1 Attorneys' fees.

(a)        General Rule. - The court shall award reasonable attorneys' fees, resulting from the successful defense of any civil action arising under this Chapter or any other statute, against the plaintiff. For purposes of this section, "successful defense" means the defendant prevailed after trial with respect to all claims presented by plaintiff, or the action was dismissed pursuant to Chapter 1A-1, Rule 12(b).

(b)        Records. - Counsel of record in actions subject to an award of attorneys' fees under this section shall maintain accurate, up-to-date records of hours worked on the matter regardless of the fee arrangement with the client.

(c)        Statutory Exceptions. - This section does not apply when a specific statute otherwise addresses an award of attorneys' fees.

SECTION 2.  This act becomes effective October 1, 2009, and applies to civil actions filed on or after that date.