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MontanaSB 3969th Legislature, Regular Session (2025)Senate

Generally revise attorney fee awards

Sponsored By: Greg Hertz (Republican)

Became Law

Civil Procedure

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Bill Overview

Analyzed Economic Effects

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

Stricter fee rules; fees for frivolous state claims

If you ask a court to make Montana pay your lawyer, you must file detailed, itemized bills with receipts. List each task with the date, who did it, and time in tenths of an hour. No block billing. Say whether any client pays the hourly rate you ask, and describe the work for each entry. In-house copies are capped at $0.10 per page. Say if any part was already paid and if the client owes money if no award is collected. Judges presume some charges are unreasonable: more than one lawyer at a deposition, more than two at argument or trial, phone/fax/library/e-research subscription costs, or rates above the statewide average for lawyers with 10 years or less. The judge must consider the state lawyer’s hourly rate and explain any higher award. These rules do not apply to fee claims under $10,000 and apply to cases pending when the law takes effect. If you beat a state or local agency and its claim was frivolous or in bad faith, the court may award your costs and reasonable fees using these same standards.

Sponsors & Cosponsors

Sponsor

  • Greg Hertz

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 328 • No: 167

Senate vote • 4/15/2025

Do Pass

Yes: 31 • No: 19

Senate vote • 4/14/2025

Do Pass

Yes: 31 • No: 18

Senate vote • 4/11/2025

Do Concur

Yes: 60 • No: 39

Senate vote • 4/10/2025

Do Concur As Amended

Yes: 60 • No: 39

Senate vote • 4/10/2025

AMD-SB0039.003.002 Fitzpatrick S DO PASS

Yes: 81 • No: 18

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 Passed as Amended by House

    4/15/2025Senate

  9. 2nd Reading House Amendments Concurred

    4/14/2025Senate

  10. Returned to Senate with Amendments

    4/11/2025House

  11. 3rd Reading Concurred

    4/11/2025House

  12. 2nd Reading Concurred as Amended

    4/10/2025House

  13. 2nd Reading Motion to Amend Carried

    4/10/2025House

  14. Committee Report--Bill Concurred as Amended

    4/8/2025House

  15. Committee Executive Action--Bill Concurred as Amended

    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. First Reading

    1/31/2025House

  22. Referred to Committee

    1/31/2025House

  23. Transmitted to House

    1/30/2025Senate

  24. 3rd Reading Passed

    1/30/2025Senate

  25. 2nd Reading Passed

    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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