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MontanaSB 3969th Legislature, Regular Session (2025)SenateWALLET

Generally revise attorney fee awards

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.

Tighter rules for $10K+ fees against Montana

The law sets strict rules for attorney fee awards against the State of Montana when the request is $10,000 or more. Your claim must itemize each task by date and timekeeper, describe the work, and bill time in 0.1-hour units with time per task; include itemized expenses with receipts and say whether your client pays the requested rate. In-house copies are capped at $0.10 per page, and you must say if any fees were already paid or if the client is responsible for any unpaid amount. Some charges are presumed unreasonable: more than one lawyer at a deposition; more than two at oral argument or trial; charges for phone, fax, library, or electronic research subscriptions; and an hourly rate above the statewide average for lawyers with 10 years or less in practice; you can show they were reasonable. Courts must consider the State’s lawyer hourly rate and explain any higher award; claims under $10,000 are exempt from these rules.

Sponsors & Cosponsors

Sponsor

  • Greg Hertz

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 329 • No: 169

Senate vote • 4/15/2025

Do Pass

Yes: 31 • No: 19

Senate vote • 4/14/2025

Do Pass

Yes: 32 • No: 18

House vote • 4/11/2025

Do Concur

Yes: 60 • No: 39

House vote • 4/10/2025

Do Concur As Amended

Yes: 60 • No: 40

House vote • 4/10/2025

AMD-SB0039.003.002 Fitzpatrick S DO PASS

Yes: 81 • No: 19

Senate vote • 1/30/2025

Do Pass

Yes: 32 • No: 17

Senate vote • 1/29/2025

Do Pass

Yes: 33 • No: 17

Actions Timeline

  1. Chapter Number Assigned

    5/13/2025Senate

  2. Signed by Governor

    5/8/2025Senate

  3. Transmitted to Governor

    5/1/2025Senate

  4. Signed by Speaker

    5/1/2025House

  5. Signed by President

    4/22/2025Senate

  6. Returned from Enrolling

    4/16/2025Senate

  7. Sent to Enrolling

    4/15/2025Senate

  8. 3rd Reading House Amendments

    4/15/2025Senate

  9. 2nd Reading House Amendments

    4/14/2025Senate

  10. Returned to Senate with Amendments

    4/11/2025House

  11. 3rd Reading

    4/11/2025House

  12. 2nd Reading

    4/10/2025House

  13. 2nd Reading Motion to Amend

    4/10/2025House

  14. Committee Report

    4/8/2025House

  15. Committee Executive Action

    4/8/2025House

  16. Hearing

    4/3/2025House

  17. Hearing Canceled

    3/26/2025House

  18. Hearing

    3/24/2025House

  19. Hearing Canceled

    3/24/2025House

  20. Hearing

    3/19/2025House

  21. 1st Reading

    1/31/2025House

  22. Referred to Committee

    1/31/2025House

  23. Transmitted to House

    1/30/2025Senate

  24. 3rd Reading

    1/30/2025Senate

  25. 2nd Reading

    1/29/2025Senate

Bill Text

  • Enrolled

    4/15/2025

    PDF

  • As Amended (Version 4)

    4/10/2025

    PDF

  • As Amended (Version 3)

    4/8/2025

    PDF

  • As Amended (Version 2)

    1/28/2025

    PDF

  • Introduced

    12/12/2024

    PDF

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