MontanaHB 36569th Legislature, Regular Session (2025)House

Revise laws relating to attorney fees and costs based on legislative conduct

Sponsored By: Steve Fitzpatrick (Republican)

Became Law

LegislatureCourtsEvidenceJudges and JusticesState Government

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 0 costs, 2 mixed.

Limits on attorney fees against government

In civil cases with the state, a local government, or an agency, courts can award standard costs and reasonable attorney fees when the government’s claim or defense is frivolous or in bad faith and the opposing party wins. Judges cannot use how the Legislature passed a law as proof of bad faith or to decide costs or fees against a government defending a statute. This bar applies to any fee or cost award against a government entity in those cases. Courts may grant these costs even if another law says otherwise.

Rules apply now and reach back

The law takes effect on passage and approval. It also applies to any legislation passed and approved on or after the start of the 69th legislative session. Courts follow the new rule excluding legislative conduct in those cases too.

Sponsors & Cosponsors

Sponsor

Steve Fitzpatrick
Republican • House

Cosponsors

Sue Vinton
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 178 • No: 118

House vote • 4/14/2025

Do Concur

Yes: 31 • No: 17

House vote • 4/12/2025

Do Concur

Yes: 32 • No: 17

House vote • 2/19/2025

Do Pass

Yes: 57 • No: 43

House vote • 2/18/2025