AN ACT relating to court costs.

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AN ACT relating to court costs. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 454.460 is amended to read as follows: 3
As used in KRS 454.460 to 454.478: 4
(1) "Cause of action" does not include: 5
(a) A procedural action taken or motion made in an action that does not amend or 6
add a claim for legal, equitable, or declaratory relief; or 7
(b) Post-judgment enforcement actions; 8
(2) "Filed in bad faith": 9
(a) Means presenting to the court a pleading, written motion, or other paper for 10
any improper purpose, such as to harass, cause unnecessary delay, or 11
needlessly increase the cost of litigation; and 12
(b) Does not include: 13
1. Knowledge, information, and belief, formed after a reasonable inquiry 14
that the claim, defense, or other legal contention is well grounded in 15
fact and warranted by existing law; or 16
2. A good-faith argument for the extension, modification, or reversal of 17
existing law; 18
(3) "Goods or services" do es not include the creation, dissemination, exhibition, or 19
advertisement or similar promotion of a dramatic, literary, musical, political, 20
journalistic, or artistic work; 21
(4)[(3)] "Governmental unit" means a public corporation, government, or government 22
subdivision, agency, or instrumentality; 23
(5)[(4)] "Matter of public concern" means a statement or activity regarding: 24
(a) A public official, public figure, or other person who has drawn substantial 25
public attention due to the person's official acts, fame, notoriety, or celebrity; 26
(b) A matter of political, social, or other interest to the community; or 27
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(c) A subject of concern to the public; and 1
(6)[(5)] "Person" means an individual, estate, trust, partnership, business or nonprofit 2
entity, governmental unit, or other legal entity. 3
Section 2. KRS 454.478 is amended to read as follows: 4
On a motion under KRS 454.464, or the appeal of an order granting or denying a motion 5
under KRS 454.464, the court shall award court costs, re asonable attorney's fees, and 6
reasonable litigation expenses related to the motion: 7
(1) To the moving party if the moving party prevails on the motion and the court finds 8
that the responding party's complaint, crossclaim, counterclaim, third -party 9
claim, or other pleading that asserts a cause of action was filed in bad faith; or 10
(2) To the responding party if the responding party prevails on the motion and the court 11
finds that the moving party's motion was filed in bad faith [motion was brought 12
without good cause]. 13