Attorneys fees awarded to prevailing party.

2017
STATE OF WYOMING
17LSO-0076
Introduced
1.5

HOUSE BILL

NO.

HB0115

Attorneys fees awarded to prevailing party.

Sponsored by:
Representative(s) Steinmetz and Hunt and Senator(s) Meier

A BILL

for

AN ACT relating to civil procedure; allowing for the award of reasonable costs and attorney's fees in civil actions or appeals brought by government entities as specified; providing applicability; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section
1
.

W.S. 1
‑
35
‑
109 is created to read:

1
‑
35
‑
109
.

Attorney's fees authorized for any
civil
action
or appeal
initiated by
a government entity
.

(a)

A court
shall
award reasonable costs and attorney's fees, consistent with W.S. 1
‑
14
‑
126, to any person who has prevailed in any civil action or appeal brought against the person by a government entity.

(b)

A court shall award reasonable costs and attorney's fees to any person upon a determination that a government entity has brought a civil action against that person that is frivolous or is solely intended to cause unnecessary delay or harm.

(c)

For purposes of this section, "government entity" means the state of Wyoming or any department or instrumentality thereof or any county, incorporated city or town.

Section 2
.

W.S.
1
‑
39
‑
118(
d) is amended to read:

1
‑
39
‑
118
.

Maximum liability; insurance authorized.

(d)

Except as provided in W.S. 1
‑
35
‑
109, n
o judgment against a governmental entity shall include an award for
exemplary or punitive damages, for interest prior to judgments or for attorney's fees.

Section 3
.

This act shall apply to all court actions initially filed on or after July 1, 2017.

Section
4
.

This act is effective July 1, 2017
.

(END)

1
HB0115