HB 512: "An Act relating to the awarding of attorney fees and costs in civil actions to a prevailing party in a civil action in which the losing party is a public interest litigant; and amending Alaska Rules of Civil Procedure 79 and 82."
00HOUSE BILL NO. 512 01 "An Act relating to the awarding of attorney fees and costs in civil actions to 02 a prevailing party in a civil action in which the losing party is a public interest 03 litigant; and amending Alaska Rules of Civil Procedure 79 and 82." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 09.60.010 is amended to read: 06 Sec. 09.60.010. COSTS AND ATTORNEY FEES ALLOWED PREVAILING 07 PARTY. Except as provided in this section, the [THE] supreme court shall 08 determine by rule or order the costs, if any, that may be allowed a prevailing party in 09 a civil action. A prevailing party in a civil action in which the losing party is a 10 public interest litigant is entitled to an award of costs and attorney fees. Unless 11 specifically authorized by statute or by agreement between the parties, attorney fees 12 may not be awarded to a party in a civil action for personal injury, death, or property 13 damage related to or arising out of fault, as defined in AS 09.17.900, unless the civil 14 action is contested without trial [,] or fully contested as determined by the court.
01 * Sec. 2. AS 09.60.010, amended by sec. 1 of this Act, has the effect of amending Alaska 02 Rules of Civil Procedure 79 and 82 relating to awards of attorney fees and costs, by providing 03 that a prevailing party in a civil action, including a civil action to effectuate or vindicate a 04 public policy of the state, is entitled to an award of attorney fees and costs, notwithstanding 05 a determination by a court that the losing party is a public interest litigant.