SF617

Senate Bill SF No 617 proposes a new law in Minnesota that focuses on civil actions involving municipalities. Under this proposed law, if a person (or entity) involved in a lawsuit against a municipality wins the case (is the prevailing party), they can be awarded attorney fees and other expenses. However, this is only possible if the court finds that the municipality's position in the lawsuit was not substantially justified, meaning it lacked a reasonable basis in law and facts considering all circumstances.

The bill outlines how the fees and expenses should be calculated based on prevailing market rates, and there's a cap on how much can be paid to expert witnesses, which cannot exceed what the municipality typically pays its witnesses.

If the winning party's conduct during the case unnecessarily delayed the resolution of the matter, the court might reduce the amount awarded or deny the fees altogether.

A party wishing to receive these fees and expenses must apply to the court within 30 days of the final judgment, providing details and justification for the amount they seek.

This proposed law does not affect other existing laws where fees and expenses might be recoverable and is not applicable in tort action cases (lawsuits for personal injury or damage).