Text to be removed highlighted in red.
1 New Subdivision; Costs and Attorney Fees Allowed to Prevailing Party. Amend RSA 507 by inserting after section 17 the following new subdivision:
Costs and Attorney Fees Allowed to Prevailing Party
507:18 Costs and Attorney Fees.
I. Except as otherwise provided by law or by agreement between the parties, attorney fees shall not be awarded to a party in a civil action for personal injury, death, or property damage related to or arising out of fault.
II. Except as otherwise provided by law, no court shall discriminate in the award of attorney fees and costs to or against a party in a civil action or appeal based on the nature of the policy or interest advocated by the party, the number of persons affected by the outcome of the case, whether a governmental entity could be expected to bring or participate in the case, the extent of the party's economic incentive to bring the case, or any combination of these factors.
III. In a civil action or appeal concerning the establishment, protection, or enforcement of a right under the United States Constitution or the New Hampshire constitution, the court shall:
(a) Award, subject to paragraphs IV and V, reasonable attorney fees and costs to a claimant, who, as plaintiff, counterclaimant, cross claimant, or third-party plaintiff in the action or on appeal, has prevailed in asserting the right;
(b) Not order a claimant to pay the attorney fees of the opposing party in claims concerning constitutional rights if the claimant as plaintiff, counterclaimant, cross claimant, or third-party plaintiff in the action or appeal did not prevail in asserting the right, the action or appeal asserting the right was not frivolous, and the claimant did not have sufficient economic incentive to bring the action or appeal regardless of the constitutional claims involved.
IV. In calculating an award of attorney fees and costs under subparagraph III(a), the court shall:
(a) Include in the award only that portion of the services of the claimant's attorney fees and associated costs that were devoted to claims concerning rights under the United States Constitution or the New Hampshire constitution upon which the claimant ultimately prevailed; and
(b) Make an award only if the claimant did not have sufficient economic incentive to bring the suit, regardless of the constitutional claims involved.
V. The court, in its discretion, may abate, in full or in part, an award of attorney fees and costs otherwise payable under paragraphs III and IV if the court finds, based upon sworn affidavits or testimony, that the full imposition of the award would inflict a substantial and undue hardship upon the party ordered to pay the fees and costs or, if the party is a public entity, upon the taxpaying constituents of the public entity.
2 Effective Date. This act shall take effect January 1, 2019.
Text to be added highlighted in green.
1 New Subdivision; Costs and Attorney Fees Allowed to Prevailing Party. Amend RSA 507 by inserting after section 17 the following new subdivision:
Costs and Attorney Fees Allowed to Prevailing Party
507:18 Costs and Attorney Fees.
I. Except as otherwise provided by law or by agreement between the parties, attorney fees shall not be awarded to a party in a civil action for personal injury, death, or property damage related to or arising out of fault.
II. Except as otherwise provided by law, no court shall discriminate in the award of attorney fees and costs to or against a party in a civil action or appeal based on the nature of the policy or interest advocated by the party, the number of persons affected by the outcome of the case, whether a governmental entity could be expected to bring or participate in the case, the extent of the party's economic incentive to bring the case, or any combination of these factors.
III. In a civil action or appeal concerning the establishment, protection, or enforcement of a right under the United States Constitution or the New Hampshire constitution, the court shall:
(a) Award, subject to paragraphs IV and V, reasonable attorney fees and costs to a claimant, who, as plaintiff, counterclaimant, cross claimant, or third-party plaintiff in the action or on appeal, has prevailed in asserting the right;
(b) Not order a claimant to pay the attorney fees of the opposing party in claims concerning constitutional rights if the claimant as plaintiff, counterclaimant, cross claimant, or third-party plaintiff in the action or appeal did not prevail in asserting the right, the action or appeal asserting the right was not frivolous, and the claimant did not have sufficient economic incentive to bring the action or appeal regardless of the constitutional claims involved.
IV. In calculating an award of attorney fees and costs under subparagraph III(a), the court shall:
(a) Include in the award only that portion of the services of the claimant's attorney fees and associated costs that were devoted to claims concerning rights under the United States Constitution or the New Hampshire constitution upon which the claimant ultimately prevailed; and
(b) Make an award only if the claimant did not have sufficient economic incentive to bring the suit, regardless of the constitutional claims involved.
V. The court, in its discretion, may abate, in full or in part, an award of attorney fees and costs otherwise payable under paragraphs III and IV if the court finds, based upon sworn affidavits or testimony, that the full imposition of the award would inflict a substantial and undue hardship upon the party ordered to pay the fees and costs or, if the party is a public entity, upon the taxpaying constituents of the public entity.
2 Effective Date. This act shall take effect January 1, 2019.