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GH

Bill

SB 38

Generally revise laws relating to attorney fees and prevailing parties for veto overrides

2025 Regular Session Introduced by Greg Hertz

SB 38 revises Montana attorney fee and prevailing party cost awards, altering conditions for legal expense recovery in disputes following governor's signature.

Chapter Number Assigned
#civilprocedure
0
WeVote Research Nonpartisan
Bill Summary · SB 38

Legislative bill overview

SB 38 modifies Montana law regarding attorney fees and cost awards for parties involved in legal disputes, particularly in cases where one party prevails. The bill adjusts the conditions and circumstances under which prevailing parties can recover legal fees from their opponents in various types of cases.

Why is this important

Attorney fee provisions directly affect the cost of litigation and can incentivize or discourage people from pursuing legal action. Changes to prevailing party rules influence access to courts, settlement negotiations, and the financial risk individuals and businesses face when defending against lawsuits or asserting legal rights.

Potential points of contention

  • Scope of applicability: Unclear from the bill title alone whether these changes apply broadly across all civil cases or are narrowly tailored to specific dispute types, which affects different stakeholders differently
  • Cost-shifting effects: Expanding or restricting attorney fee awards changes who bears litigation costs, potentially helping repeat litigants (like corporations or government agencies) while burdening individuals, or vice versa depending on the specific changes
  • Veto override language: The bill's connection to "veto overrides" suggests it may address circumstances where parties challenge government decisions, raising questions about whether it affects citizens' ability to challenge state action affordably

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

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