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MontanaSB 3869th Legislature, Regular Session (2025)Senate

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

Sponsored By: Greg Hertz (Republican)

Became Law

Civil Procedure

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 1 costs, 0 mixed.

Attorney fees for bad-faith government cases

If you win a civil case against the state, a city or county, or their agencies, you can get money for standard court costs and your attorney. The court must find the government’s claim or defense was frivolous or in bad faith. The judge decides what attorney fees are reasonable. Courts may grant these costs under this section even if another Montana law says otherwise.

No fees after failed veto override poll

In a lawsuit to force a legislative veto override poll, you are not the prevailing party if the poll does not override the veto. You cannot get costs or attorney fees from the government in that situation, even if the court says the defense was frivolous or in bad faith. This rule applies to cases started on or after the law’s effective date.

Sponsors & Cosponsors

Sponsor

  • Greg Hertz

    Republican • Senate

Cosponsors

  • Tom Millett

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 183 • No: 113

Senate vote • 4/11/2025

Do Concur

Yes: 58 • No: 41

Senate vote • 4/10/2025

Do Concur

Yes: 58 • No: 41

Senate vote • 2/3/2025

Do Pass

Yes: 36 • No: 13

Senate vote • 1/31/2025

Do Pass

Yes: 31 • No: 18

Actions Timeline

  1. Chapter Number Assigned

    5/8/2025Senate

  2. Signed by Governor

    5/5/2025Senate

  3. Transmitted to Governor

    4/25/2025Senate

  4. Signed by Speaker

    4/25/2025House

  5. Signed by President

    4/21/2025Senate

  6. Returned from Enrolling

    4/12/2025Senate

  7. Sent to Enrolling

    4/11/2025Senate

  8. 3rd Reading Concurred

    4/11/2025House

  9. 2nd Reading Concurred

    4/10/2025House

  10. Committee Report--Bill Concurred

    4/8/2025House

  11. Committee Executive Action--Bill Concurred

    4/8/2025House

  12. Hearing

    4/3/2025House

  13. Hearing Canceled

    3/26/2025House

  14. Hearing

    3/24/2025House

  15. Hearing Canceled

    3/24/2025House

  16. Hearing

    3/19/2025House

  17. First Reading

    2/4/2025House

  18. Referred to Committee

    2/4/2025House

  19. Transmitted to House

    2/3/2025Senate

  20. 3rd Reading Passed

    2/3/2025Senate

  21. 2nd Reading Passed

    1/31/2025Senate

  22. Committee Report--Bill Passed

    1/29/2025Senate

  23. Committee Executive Action--Bill Passed

    1/29/2025Senate

  24. Committee Executive Action--Bill Passed

    1/29/2025Senate

  25. Hearing

    1/22/2025Senate

Bill Text

  • Enrolled

    4/15/2025

    PDF

  • Introduced

    12/12/2024

    PDF

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