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GH

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SB 39

Generally revise attorney fee awards

2025 Regular Session Introduced by Greg Hertz

SB 39 revises Montana's attorney fee award provisions in civil litigation, modifying conditions and categories for awarding fees to prevailing parties.

Chapter Number Assigned
#civilprocedure
0
WeVote Research Nonpartisan
Bill Summary · SB 39

Legislative bill overview

SB 39 revises Montana's statutory framework governing when and how attorney fees can be awarded in civil litigation. The bill modifies existing provisions that allow courts to award attorney fees to prevailing parties in specific types of cases, adjusting the conditions, amounts, or categories of cases eligible for such awards.

Why is this important

Attorney fee provisions directly affect the cost of litigation and access to justice, influencing whether individuals and small businesses can afford to pursue or defend legal claims. Changes to these rules can shift financial incentives in disputes, potentially affecting settlement patterns and the willingness of parties to litigate claims.

Potential points of contention

  • Impact on litigation costs: Restricting attorney fee awards may discourage plaintiffs from bringing certain claims if they cannot recover legal costs; expanding awards may increase litigation and costs for defendants
  • Access to justice implications: Changes could disproportionately affect low-income litigants or small businesses with limited resources to cover legal expenses upfront
  • Business and consumer concerns: Businesses may support restrictions on fees (reducing their exposure), while consumers and employee advocates may oppose them (reducing incentives for attorneys to take cases)

Compiled from official sources — confirm details with the bill’s official record.

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