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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)

Signed by Governor

Civil Procedure

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Bill Overview

Analyzed Economic Effects

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

No fee awards in veto override poll cases

The law updates who can get court costs and attorney fees in civil cases with the State or a local government. In a case to force a legislative veto override poll, if the poll does not override the veto, the plaintiff is not a prevailing party. The court cannot make the government pay the plaintiff’s costs or lawyer fees in that situation, even if the judge says the defense was frivolous or in bad faith. In other civil cases, the court may award the opposing party standard costs and reasonable lawyer fees when that party wins and the judge finds the government’s claim or defense was frivolous or in bad faith, even if another law says otherwise. These rules take effect on passage and approval and apply to veto‑override poll cases filed after that date.

Sponsors & Cosponsors

Sponsor

  • Greg Hertz

    Republican • Senate

Cosponsors

  • Tom Millett

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 184 • No: 114

House vote • 4/11/2025

Do Concur

Yes: 58 • No: 41

House vote • 4/10/2025

Do Concur

Yes: 58 • No: 42

Senate vote • 2/3/2025

Do Pass

Yes: 36 • No: 13

Senate vote • 1/31/2025

Do Pass

Yes: 32 • 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

    4/11/2025House

  9. 2nd Reading

    4/10/2025House

  10. Committee Report

    4/8/2025House

  11. Committee Executive Action

    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. 1st Reading

    2/4/2025House

  18. Referred to Committee

    2/4/2025House

  19. Transmitted to House

    2/3/2025Senate

  20. 3rd Reading

    2/3/2025Senate

  21. 2nd Reading

    1/31/2025Senate

  22. Committee Report

    1/29/2025Senate

  23. Committee Executive Action

    1/29/2025Senate

  24. Committee Executive Action

    1/29/2025Senate

  25. Hearing

    1/22/2025Senate

Bill Text

  • Enrolled

    4/15/2025

    PDF

  • Introduced

    12/12/2024

    PDF

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