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| Home > Statutes > Usa-Arizona |
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USA Statutes : arizona
Title : Courts and Civil Proceedings
Chapter : FEES AND COSTS
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12-301 Time of payment of fees; effect of failure to collect
A. All fees are payable at the time the service is rendered, unless otherwise
provided by law. An officer may refuse to perform any service in any action or
proceeding, criminal proceedings excepted, until the fees are paid.
B. Failure to collect the fee shall not affect the validity of the act or service.
12-302 Extension of time for payment of fees and costs; relief from default for nonpayment; deferral or waiver of court fees and costs; definitions
A. The court or any judge may for good cause shown extend the time for paying any
court fees and costs required by law or may relieve against a default caused by
nonpayment of a fee within the time provided by law, but no fees paid shall be refunded.
B. The supreme court shall adopt forms and procedures for deferral or waiver of
court fees and costs.
C. Except as provided in subsection E of this section, the court shall grant an
application for deferral of court fees and costs if the applicant establishes by
affidavit, including supporting documentation, that the applicant either:
1. Is receiving benefits pursuant to one or more of the following programs:
(a) The temporary assistance for needy families program established by section 403
of title 4 of the social security act as it exists after August 21, 1996.
(b) The food stamp program (7 United States Code sections 2011 through 2029).
(c) The general assistance program pursuant to title 46, chapter 2, article 2.
2. Is receiving benefits pursuant to the supplemental security income program (42
United States Code sections 1381 through 1385).
3. Has an income that is insufficient or barely sufficient to meet the daily
essentials of life and that includes no allotment that could be budgeted for the fees and
costs that are required to gain access to the court. In considering insufficient income
pursuant to this paragraph, the court may consider the following as evidence of
insufficient income:
(a) The applicant has a gross income that as computed on a monthly basis is one
hundred fifty per cent or less of the current poverty level established by the United
States department of health and human services. Gross monthly income includes the
applicant's share of community property income.
(b) The applicant's income is considered to be sufficient, but the applicant
provides proof of extraordinary expenses, including medical expenses, costs of care for
elderly or disabled family members or other expenses that are deemed extraordinary, that
reduce the applicant's gross monthly income to at or below one hundred fifty per cent of
the current poverty level established by the United States department of health and human
services.
D. Upon proof that the applicant is permanently unable to pay fees or costs, the
court shall waive them. For purposes of this subsection, "permanently unable to pay"
means the applicant's income and liquid assets are insufficient or barely sufficient to
meet the daily essentials of life and the income and liquid assets are unlikely to change
in the foreseeable future.
E. Except in cases of dissolution of marriage, legal separation, annulment or
establishment, enforcement or modification of child support, and notwithstanding
subsection A of this section or chapter 9, article 4 of this title, if the applicant is
an inmate who is confined to a correctional facility operated by the state department of
corrections and who initiates a civil action or proceeding, the inmate is responsible for
the full payment of actual court fees and costs. On filing the civil action or
proceeding, the clerk of the court shall assess and, when monies exist, collect as a
partial payment of any court fees and costs required by law a first time payment of
twenty per cent. Thereafter the state department of corrections shall withhold twenty
per cent of all deposits into the prisoner's spendable account administered by the
department until the actual court fees and costs are collected in full. The state
department of corrections shall annually forward any monies withheld to the clerk of the
court of each court of jurisdiction before January 31. If a prisoner is released before
the full fees and costs are collected, the state department of corrections shall forward
the amount of fees and costs collected through the date of the prisoner's release. The
clerk of the court of each court of jurisdiction is responsible for sending the state
department of corrections a copy of the order mandating the amount of fees and costs to
be paid. This subsection does not prohibit an applicant from filing a civil action or
proceeding if the applicant is unable to pay the filing fees.
F. At the time an applicant signs and submits the application for deferral to the
court, the applicant shall acknowledge under oath and sign a consent to judgment. By
signing the consent to judgment, the applicant consents to judgment being entered against
the applicant for all fees and costs that are deferred but that remain unpaid after
thirty calendar days following the entry of final judgment or order. A consent judgment
may be entered against the applicant unless one of the following applies:
1. The applicant has an established schedule of payment in effect and is current
with payments.
2. A supplemental application for further deferral or waiver has been filed and is
pending.
3. In response to a supplemental application, the court orders that the fees and
costs be further deferred or waived.
4. Within twenty days of the date the court denies the supplemental application,
the applicant either pays the fees or requests a hearing on the court's final order
denying further deferral or waiver. If the applicant requests a hearing, the court shall
not enter a consent judgment unless a hearing is held, further deferral or waiver is
denied and payment has not been made within the time prescribed by the court.
G. An applicant who is granted a deferral or waiver or a party to the action who
knows of any change in the financial circumstances of the applicant shall promptly notify
the court of the change in the applicant's financial circumstances during the pendency of
the action that affects the applicant's ability to pay court fees and costs. If within
ten days after notice and a hearing the court determines that the applicant's financial
circumstances have changed and that the applicant no longer meets the eligibility
requirements of this section, the court shall order the applicant to pay the deferred or
waived fees and costs.
H. The following court fees and costs may be deferred or waived, except that the
county shall pay the fees and costs in paragraphs 6 and 7 of this subsection on the
granting of an application for deferral or waiver and an applicant who has been granted a
deferral shall reimburse the county for the fees and costs in paragraphs 6 and 7 of this
subsection:
1. Filing fees.
2. Fees for issuance of either a summons or subpoena.
3. Fees for obtaining one certified copy of a temporary order in a domestic
relations case.
4. Fees for obtaining one certified copy of a final order, judgment or decree in
all civil proceedings.
5. Sheriff, marshal, constable and law enforcement fees for service of process if
any of the following applies:
(a) The applicant established by affidavit that the applicant has attempted without
success to obtain voluntary acceptance of service of process.
(b) The applicant's attempt to obtain voluntary acceptance of service of process
would be futile or dangerous.
(c) An order of protection or an injunction against harassment in favor of the
applicant and against the party sought to be served exists and is enforceable.
6. The fee for service by publication if service is required by law and if the
applicant establishes by affidavit specific facts to show that the applicant has
exercised due diligence in attempting to locate the person to be served and has been
unable to do so.
7. Court reporter's fees for the preparation of court transcripts if the court
reporter is employed by the court.
8. Appeal preparation and filing fees at all levels of appeal and photocopy fees
for the preparation of the record on appeal pursuant to sections 12-119.01, 12-120.31 and
12-2107 and section 12-284, subsection A.
I. If the case is appealed, the initial deferral or waiver remains in effect unless
there is a change in the applicant's financial circumstances. If a case is appealed an
applicant may be required to submit to the appellate court a new application for a
deferral or waiver of the court fees and costs.
J. If a judgment is rendered for court fees and costs, the court fees and costs
deferred but unpaid and the expenses paid by the county under this section shall be
included in the judgment and shall be paid directly to the clerk of the court by the
party against whom the court fees and costs were assessed.
K. A waiver of court fees or costs shall not be granted for:
1. Matters that are filed as class actions pursuant to rule 23 of the ARIZONA rules
of civil procedure.
2. Civil actions other than cases of dissolution of marriage, legal separation,
annulment or establishment, enforcement or modification of child support that are filed
by persons who at the time of filing the application are incarcerated as a result of a
felony conviction in an out-of-state correctional facility or in a jail waiting to be
transported to a state department of corrections facility.
L. This section does not limit the court's discretion in deferring, waiving or
ordering the county to pay any fees and costs as may be necessary and appropriate.
M. For the purposes of this section:
1. "Deferral" means either postponement of an obligation to pay fees or
establishment of a schedule for payment of fees.
2. "Further deferral" means the establishment of a schedule for payment of fees.
12-303 Witness fees and mileage
A material witness attending the trial of a civil action shall be paid twelve
dollars for each day's attendance to and including the time it was necessary for him to
leave his residence and go to the place of trial and his discharge as a witness. The
witness shall also be paid mileage at the rate of twenty cents for each mile actually and
necessarily traveled from his place of residence in the state of ARIZONA to the place of
trial, to be computed one way only.
12-304 Exemption of state, county, city, town or political subdivision of a county from court fees
No court fees shall be charged:
1. The state, a county, a city, a town or a political subdivision of a county.
2. A commission, board or department of the state, a county, a city, a town or a
political subdivision of a county.
3. An official of the state, county, city, town or political subdivision of a
county, who is a party to an action in his official capacity.
12-305 Law library fund
A. A county law library fund is established in each county consisting of monies
received pursuant to section 12-284.03, paragraph 4.
B. The county law library fund shall be used for the purposes of enhancing legal
research capabilities in the county law library and shall be under the direction of a
judge of the superior court in the county. The board of supervisors shall disburse
monies from the fund only on the order of the presiding judge of the superior court.
C. If the balance in the county law library fund exceeds three thousand dollars at
the close of the fiscal year, the board of supervisors by resolution adopted by vote of
the members, and with the concurrence of the judge of the superior court in the county,
may transfer the surplus of the fund in excess of three thousand dollars to the building
repair fund. Monies so transferred shall be expended only for additions, alterations and
repairs to the courthouse. The expenditures are subject to title 41, chapter 23.
12-311 Filing, appearance, judgment and decree fees
At the commencement of each action or proceeding, except as otherwise provided by
law, the plaintiff shall pay to the clerk of the superior court a fee pursuant to section
12-284. The defendant, on his appearance, shall pay to the clerk a fee pursuant to
section 12-284. Each defendant appearing by different counsel than his codefendant or
codefendants, and answering separately, shall also pay a fee pursuant to section
12-284. Such fees shall include all fees to be paid, exclusive of fees for copies and
for certifying.
12-312 Fees for intervenors and new parties
A. A person intervening in a civil action in the superior court shall pay the same
fees required to be paid by a plaintiff.
B. A person brought in as a party plaintiff or defendant by either party to an
action or by order of the court shall pay the fee of a plaintiff or a defendant, as the
case may be, as provided in section 12-284.
12-313 Probate conservatorship, guardianship and fiduciary fees
A. A fee established pursuant to section 12-284 shall be paid by the petitioner to
the clerk of the superior court on filing any of the following:
1. A petition in a formal testacy or appointment proceeding,
2. An application for informal probate or informal appointment,
3. A petition for supervised administration,
4. A petition to appoint a guardian,
5. A petition to appoint a conservator or make other protective order.
B. If the same person petitions for special letters as well as for general letters
in a single estate, he shall pay only one fee. If in a single estate the same person
files an application or petition under title 14, chapter 3 and a subsequent petition
under the same chapter a fee established pursuant to section 12-284 shall be paid for
each such filing. If a petition to appoint a guardian also requests appointment of a
conservator or other protective order, only one fee shall be due for the filing. If the
public fiduciary is the petitioner, the fee shall not be required to be paid on filing
any of the petitions or applications for a protective order, except that such fee shall
be paid by the public fiduciary out of any assets of each such estate prior to his
discharge at the termination of such estate.
C. Any person opposing a petition in a testacy or appointment proceeding or
appointment of a guardian or conservator shall pay a fee established pursuant to section
12-284 to the clerk. Every person opposing such contest, unless he has previously paid a
clerk's fee in the matter, shall pay a fee established pursuant to section 12-284 to the
clerk. The provisions of sections 12-311 and 12-312 in relation to several persons
appearing by the same attorney are applicable to this section.
12-314 Prohibition upon rule allowing tax, charge or allowance
The superior court shall make no rule imposing a tax or charge upon a legal
proceeding or make an allowance to any officer for services.
12-321 Appeals or original applications
A. On appeal from the judgment or order of the superior court in a civil action,
the appellant, at the time of filing the index of record on appeal, shall pay to the
clerk of the supreme court a fee pursuant to section 12-119.01. Within ten days after
filing such record the appellee shall pay to the clerk of the supreme court a fee
pursuant to section 12-119.01, which shall be in full for all fees except those allowed
by law.
B. An applicant for a writ of mandamus, certiorari, quo warranto or other writ
within the original jurisdiction of the supreme court, except a writ of habeas corpus,
shall pay the clerk a fee pursuant to section 12-119.01 at the time of filing the
petition or application. Any party opposing the issuance of such writ shall pay the
clerk a fee pursuant to section 12-119.01.
12-322 Notice of prepayment; effect of failure to pay
A. The clerk of the supreme court, upon receipt of the index of record on an
appeal, shall notify the appellant or the appellant's attorney that the record has been
received and will be filed upon payment of the fee provided in section 12-321. If the
fee is not paid within ten days after receiving notice, the appeal shall be deemed
abandoned and the record returned to the court from which it came, and the judgment may
be enforced as if no appeal had been taken.
B. The clerk, in like manner, shall notify the appellee or the appellee's attorney
of the time of filing the index of record, and unless the fee provided in section 12-321
is paid within ten days after the filing, the appellee shall not be entitled to be heard.
12-323 Certificate of admission to bar; certified copies of papers; background investigation
A. The clerk of the supreme court shall receive the following fees:
1. Each certificate of admission to the bar, a fee pursuant to section 12-119.01.
2. Each certified copy of any record, any opinion of court or any paper or
proceedings, for each folio, a fee pursuant to section 12-119.01.
B. As a condition of admission to the bar, the supreme court shall require each
applicant to furnish a full set of fingerprints to enable a criminal background
investigation to be conducted to determine the suitability of the applicant. The
completed applicant fingerprint card shall be submitted with the fee prescribed in
section 41-1750 to the department of public safety. The applicant shall bear the cost of
obtaining the applicant's criminal history information. The cost shall not exceed the
actual cost of obtaining the applicant's criminal history information. Applicant
criminal history records checks shall be conducted pursuant to section 41-1750 and Public
Law 92-544. The department of public safety is authorized to exchange the submitted
applicant fingerprint card information with the federal bureau of investigation for a
national criminal history records check.
12-331 Taxable costs in supreme court
Costs in the supreme court shall include:
1. The amount paid to the clerk of that court.
2. The amount paid to the clerk of the superior court for certified copies of the
record and for transmitting it.
3. The cost of printing or typing the abstract of record and briefs.
4. The amount paid for the transcript of the notes of the reporter of the superior
court.
5. Such other disbursements as may have been incurred pursuant to an order of the
court or agreement of the parties.
12-332 Taxable costs and jury fee in superior court
A. Costs in the superior court include:
1. Fees of officers and witnesses.
2. Cost of taking depositions.
3. Compensation of referees.
4. Cost of certified copies of papers or records.
5. Sums paid a surety company for executing any bond or other obligation therein,
not exceeding, however, one per cent on the amount of the liability on the bond or other
obligation during each year it was in force.
6. Other disbursements that are made or incurred pursuant to an order or agreement
of the parties.
B. A jury fee shall also be included in the judgment and taxed as costs and shall
be fixed by the court at the time the judgment is given. The jury fee shall include the
cost of reimbursement for juror travel expenses. The jury fee shall be paid to the clerk
of the court for transmittal to the county treasurer who shall dispose of it as other
similar money is disposed of. An action to collect jury fees shall be commenced:
1. Only if the judgment fixing the jury fees is recorded in the office of the
county recorder not later than thirty days after the judgment is rendered.
2. At any time after the date of the recording of the judgment fixing the jury fees
and the judgment does not expire until it is paid in full.
C. The court may at any time for good cause shown relieve a person from payment of
a jury fee if the court believes that such relief is proper.
12-333 Disallowance as costs of charge for unrequired papers
A copy of a paper not required by law to be copied shall not be allowed and taxed as
costs. If a party or attorney takes out copies of any pleadings or papers in an action,
it shall be at his own expense, and a charge for the copies shall not be allowed as
costs.
12-341.01 Recovery of attorney fees
A. In any contested action arising out of a contract, express or implied, the court
may award the successful party reasonable attorney fees. If a written settlement offer
is rejected and the judgment finally obtained is equal to or more favorable to the
offeror than an offer made in writing to settle any contested action arising out of a
contract, the offeror is deemed to be the successful party from the date of the offer and
the court may award the successful party reasonable attorney fees. This section shall in
no manner be construed as altering, prohibiting or restricting present or future
contracts or statutes that may provide for attorney fees.
B. The award of reasonable attorney fees pursuant to subsection A should be made to
mitigate the burden of the expense of litigation to establish a just claim or a just
defense. It need not equal or relate to the attorney fees actually paid or contracted,
but the award may not exceed the amount paid or agreed to be paid.
C. The court shall award reasonable attorney fees in any contested action upon
clear and convincing evidence that the claim or defense constitutes harassment, is
groundless and is not made in good faith. In making the award, the court may consider
any evidence it deems appropriate and shall receive this evidence during a trial on the
merits of the cause, or separately, regarding the amount of fees it deems in the best
interest of the litigating parties.
D. The court and not a jury shall award reasonable attorney fees under this
section.
12-341 Recovery of costs
The successful party to a civil action shall recover from his adversary all costs
expended or incurred therein unless otherwise provided by law.
12-342 Costs on appeal
A. On an appeal by the party against whom judgment was given in the court below, if
the judgment of the appellate court is against him, but for a lesser amount, he shall
recover costs in the appellate court, but shall be adjudged to pay costs in the court
below. If the judgment of the appellate court is against him for the same or a greater
amount than in the court below, the adverse party shall recover costs in both courts.
B. On an appeal by the party in whose favor judgment was given in the court below,
if the judgment of the appellate court is in his favor for a greater amount, he shall
recover costs in both courts. If judgment of the appellate court is in his favor but for
the same or less amount than in the court below, he shall recover costs in the court
below and pay costs in the court above.
12-343 Costs of new trial, arrest of judgment or insufficient pleadings
A. The costs of a new trial may either abide the result of the action or may be
taxed against the party to whom a new trial is granted, as may be adjudged by the court
at the time of granting a new trial.
B. When a judgment is arrested or a verdict set aside because of insufficiency of
the pleadings of the party in whose favor the verdict or judgment was rendered, the costs
thereof shall be taxed against the party whose pleadings were adjudged insufficient.
12-344 Costs upon splitting of action
Where a plaintiff brings in the same court several actions against the same
defendant for claims which should have been joined, he shall recover the costs of one
action only, and the costs of the other actions shall be adjudged against him unless
sufficient reasons appear to the court for instituting several actions.
12-345 Exemption of state, county, city, town or political subdivision of a county from court fees
No court costs shall be charged:
1. The state, a county, a city, a town or a political subdivision of a county.
2. A commission, board or department of the state, a county, a city, a town or a
political subdivision of a county.
3. An official of the state, county, city, town or political subdivision of a
county, who is a party to an action in his official capacity.
12-346 Statement of costs; service and objections
A. The party in whose favor judgment is rendered and who claims costs shall file a
verified statement of his costs and serve a copy thereof on the opposing party. The
statement shall be filed and served within ten days after judgment, unless for good cause
shown the time is extended by the court.
B. At any time within five days after receipt of the copy of the statement of
costs, the opposing party may file objections to the statement, serving a copy thereof on
the party claiming such costs. The court shall pass upon the objections and by its order
correct the statement of costs to the extent that it requires correction.
12-347 Inclusion of costs and interest in judgment
The clerk of the court shall include in the judgment entered by him the costs and
interest on the verdict from the time it was rendered.
12-348 Award of fees and other expenses against the state or a city, town or county; reduction or denial of award; application; basis for amount of award; source of award; definitions
A. In addition to any costs which are awarded as prescribed by statute, a court
shall award fees and other expenses to any party other than this state or a city, town
or county which prevails by an adjudication on the merits in any of the following:
1. A civil action brought by the state or a city, town or county against the
party.
2. A court proceeding to review a state agency decision pursuant to chapter 7,
article 6 of this title or any other statute authorizing judicial review of agency
decisions.
3. A proceeding pursuant to section 41-1034.
4. A special action proceeding brought by the party to challenge an action by the
state against the party.
5. An appeal by the state to a court of law from a decision of the personnel
board under title 41, chapter 4, article 6.
6. A civil action brought by the party to challenge the seizure and sale of
personal property by the state or a city, town or county.
B. In addition to any costs which are awarded as prescribed by statute, a court
may award fees and other expenses to any party, other than this state or a city, town
or county, which prevails by an adjudication on the merits in an action brought by the
party against this state or a city, town or county challenging:
1. The assessment or collection of taxes or in an action brought by this state or
a city, town or county against the party to enforce the assessment or collection of
taxes.
2. The adequacy or regularity of notice of delinquent taxes.
3. The regularity of sales of property for delinquent taxes.
C. The court in its discretion may deny the award provided for in this section or
may reduce the award if it finds that any of the following applies:
1. During the course of the proceeding the prevailing party unduly and
unreasonably protracted the final resolution of the matter.
2. The reason that the party other than the state or a city, town or county has
prevailed is an intervening change in the applicable law.
3. The prevailing party refused an offer of civil settlement which was at least
as favorable to the party as the relief ultimately granted.
D. A party may apply pursuant to the applicable procedural rules for an award of
attorney fees and other expenses authorized under this section and shall include as
part of the application evidence of the party's eligibility for the award and the
amount sought, including an itemized statement from the attorneys and experts stating
the actual time expended in representing the party and the rate at which the fees were
computed.
E. The court shall base any award of fees as provided in this section on
prevailing market rates for the kind and quality of the services furnished, except
that:
1. An expert is not eligible for compensation at a rate in excess of the highest
rate of compensation for experts paid by this state or a city, town or county.
2. Except for awards made pursuant to subsection B of this section, the award of
attorney fees may not exceed the amount which the prevailing party has paid or has
agreed to pay the attorney or a maximum amount of seventy-five dollars per hour unless
the court determines that an increase in the cost of living or a special factor, such
as the limited availability of qualified attorneys for the proceeding involved,
justifies a higher fee.
3. For awards made pursuant to subsection B of this section, the award of
attorney fees may not exceed the amount which the prevailing party has paid or agreed
to pay the attorney or a maximum amount of one hundred seventy-five dollars per hour.
4. Except for awards made pursuant to subsection B of this section, an award of
fees against a city, town or county as provided in this section shall not exceed ten
thousand dollars.
5. For awards made pursuant to subsection B of this section, an award of fees
against the state or a city, town or county shall not exceed thirty thousand dollars
for fees incurred at each level of judicial appeal.
F. The particular state agency over which a party prevails shall pay the fees and
expenses awarded as provided in this section from any monies appropriated to the agency
for that purpose. If no agency is involved or if an agency fails or refuses to pay fees
and other expenses within thirty days after demand by a person who has received an
award pursuant to this section, and if no further review or appeals of the award are
pending, the person may file a claim for the fees and other expenses with the
department of administration, which shall pay the claim within thirty days, in the same
manner as an uninsured property loss under title 41, chapter 3.1, article 1. If, at the
time the agency failed or refused to pay the award, it had appropriated monies either
designated or assignable for the purpose of paying awards, the legislature shall reduce
the agency's operating appropriation for the following year by the amount of the award
and shall appropriate the amount of the reduction to the department of administration
as reimbursement for the loss.
G. A city, town or county shall pay fees and expenses awarded as provided in this
section within thirty days after demand by a party who has received an award if no
further review or appeal of the award is pending.
H. This section does not:
1. Apply to an action arising from a proceeding before this state or a city, town
or county in which the role of this state or a city, town or county was to determine
the eligibility or entitlement of an individual to a monetary benefit or its
equivalent, to adjudicate a dispute or issue between private parties or to establish or
fix a rate.
2. Apply to proceedings brought by this state pursuant to title 13 or 28.
3. Entitle a party to obtain fees and other expenses incurred in making an
application for an award pursuant to this section for fees and other expenses.
4. Apply to proceedings involving eminent domain, foreclosure, collection of
judgment debts or proceedings in which the state or a city, town or county is a nominal
party.
5. Personally obligate any officer or employee of this state or a city, town or
county for the payment of an award entered under this section.
6. Apply, except as provided in subsection A, paragraph 5 of this section, to
proceedings involving the personnel board under title 41, chapter 4, article 6.
7. Apply to proceedings brought by a city, town or county pursuant to title 13 or
28.
8. Apply to proceedings brought by a city, town or county on collection of taxes
or pursuant to traffic ordinances or to criminal proceedings brought by a city, town or
county on ordinances which contain a criminal penalty or fine for violations of those
ordinances.
I. As used in this section:
1. "Fees and other expenses" means the reasonable expenses of expert witnesses,
the reasonable cost of any study, analysis, engineering report, test or project which
the court finds to be directly related to and necessary for the presentation of the
party's case and reasonable and necessary attorney fees, and in the case of an action
to review an agency decision pursuant to subsection A, paragraph 2 of this section, all
fees and other expenses that are incurred in the contested case proceedings in which
the decision was rendered.
2. "Party" means an individual, partnership, corporation, association or public
or private organization.
3. "State" means this state and any agency, officer, department, board or
commission of this state.
12-349 Unjustified actions; attorney fees, expenses and double damages; exceptions; definition
A. Except as otherwise provided by and not inconsistent with another statute, in
any civil action commenced or appealed in a court of record in this state, the court
shall assess reasonable attorney fees, expenses and, at the court's discretion, double
damages of not to exceed five thousand dollars against an attorney or party, including
this state and political subdivisions of this state, if the attorney or party does any of
the following:
1. Brings or defends a claim without substantial justification.
2. Brings or defends a claim solely or primarily for delay or harassment.
3. Unreasonably expands or delays the proceeding.
4. Engages in abuse of discovery.
B. The court may allocate the payment of attorney fees among the offending
attorneys and parties, jointly or severally, and may assess separate amounts against an
offending attorney or party.
C. Attorney fees shall not be assessed if after filing an action a voluntary
dismissal is filed for any claim or defense within a reasonable time after the attorney
or party filing the dismissal knew or reasonably should have known that the claim or
defense was without substantial justification.
D. This section does not apply to the adjudication of civil traffic violations or
to any proceedings brought by this state pursuant to title 13.
E. Notwithstanding any other law, this state and political subdivisions of this
state may be awarded attorney fees pursuant to this section.
F. In this section, "without substantial justification" means that the claim or
defense constitutes harassment, is groundless and is not made in good faith.
12-350 Determination of award; reasons; factors
In awarding attorney fees pursuant to section 12-349, the court shall set forth the
specific reasons for the award and may include the following factors, as relevant, in its
consideration:
1. The extent of any effort made to determine the validity of a claim before the
claim was asserted.
2. The extent of any effort made after the commencement of an action to reduce the
number of claims or defenses being asserted or to dismiss claims or defenses found not to
be valid.
3. The availability of facts to assist a party in determining the validity of a
claim or defense.
4. The relative financial positions of the parties involved.
5. Whether the action was prosecuted or defended, in whole or in part, in bad
faith.
6. Whether issues of fact determinative of the validity of a party's claim or
defense were reasonably in conflict.
7. The extent to which the party prevailed with respect to the amount and number of
claims in controversy.
8. The amount and conditions of any offer of judgment or settlement as related to
the amount and conditions of the ultimate relief granted by the court.
12-351 Costs of compliance with subpoena for production of documentary evidence; payment by requesting party; definitions
A. All reasonable costs incurred in a civil action by a witness who is not a party
to the action with respect to the production of documents pursuant to a subpoena for the
production of documentary evidence shall be charged against the party requesting the
subpoena if the witness submits an itemized statement to the requesting party stating the
reproduction and clerical costs incurred by the witness.
B. If a subpoena is served to compel the production of documents and is
subsequently withdrawn, quashed, modified or limited other than by the witness, the
witness is entitled to reimbursement pursuant to subsection A for all reasonable costs
incurred in compliance with the subpoena to the time that the requesting party has
notified the witness that the subpoena has been withdrawn, quashed, modified or limited.
C. The requesting party is not required to pay the reasonable costs before the
documents are available for delivery pursuant to the subpoena. The witness may demand
payment of the reasonable costs simultaneously with actual delivery of the subpoenaed
documents.
D. The requesting party may petition the court in which the action is pending to
recover from the witness all or a part of the costs paid to the witness or to reduce all
or a part of the costs charged by the witness pursuant to this section if these costs
were excessive.
E. If the personal attendance of the witness is not required, the witness may only
receive payment pursuant to this section.
F. In this section unless the context otherwise requires:
1. "Reasonable costs" means ten cents for each page of standard reproduction of
documents and the actual costs for reproduction of documents which require special
processing plus the reasonable clerical costs incurred in locating and making the
documents available billed at the rate of ten dollars per hour per person.
2. "Requesting party" means a party requesting issuance of a subpoena for
production of documentary evidence.
3. "Witness" means a person who is directed to produce documents by a subpoena for
the production of documentary evidence.
12-352 Medical malpractice judgments; payment of interest; definition
A. Notwithstanding any law to the contrary, in a contested action arising out of a
medical malpractice claim the court shall award the payment of interest to the prevailing
party at a rate that is equal to three percentage points above the federal postjudgment
interest rate in effect on the date judgment is entered. Interest shall only accrue
from and after the date judgment is entered until the judgment is paid. If the judgment
is reversed or otherwise set aside, no interest shall be paid. The rate for calculating
interest that accrues from and after the date judgment is entered shall be adjusted on
June 30 and December 31 of each year to equal three percentage points above the federal
postjudgment interest rate in effect on the date of adjustment until the judgment is
paid. The interest rate specified for purposes of this section shall not exceed nine per
cent. Interest shall accrue at each adjusted rate only until the next adjustment. The
adjusted interest rate shall not be applied to any preceding six-month period.
B. For the purposes of this section "federal postjudgment rate" means the interest
rate established for the federal court system pursuant to 28 United States Code section
1961, as amended.
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