HB 42: "An Act relating to civil liability for certain false or improper allegations in a civil pleading or for certain improper acts relating to a civil action; amending Rule 82(b), Alaska Rules of Civil Procedure; and providing for an effective date."
00HOUSE BILL NO. 42 01 "An Act relating to civil liability for certain false or improper allegations in a 02 civil pleading or for certain improper acts relating to a civil action; amending 03 Rule 82(b), Alaska Rules of Civil Procedure; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 09.65 is amended by adding a new section to read: 06 Sec. 09.65.190. Civil liability for false claims and improper practice. (a) 07 A person may not sign a civil pleading 08 (1) that contains a false allegation that is material to the claim asserted 09 in the civil action and with the intention of asserting an allegation that is false; or 10 (2) before making reasonable inquiry and determining that, to the best 11 of the signer's knowledge, information, and belief, each claim, defense, and allegation 12 contained in the pleading is 13 (A) well grounded in fact; and 14 (B) warranted by existing law or a good faith argument for the
01 extension, modification, or reversal of existing law. 02 (b) A person may not, on the person's own behalf or as a representative of a 03 party, take part in the initiation, defense, continuation, or procurement of a civil action 04 against another if the person acts 05 (1) without probable cause on a claim or defense; or 06 (2) primarily for a purpose other than that of securing the proper 07 adjudication of a claim or defense involved in the civil action. 08 (c) A person who is injured by a violation of 09 (1) (a)(1) of this section may bring an action for compensatory and 10 punitive damages against the person who signed the civil pleading; 11 (2) (a)(2) of this section may bring an action for recovery of 12 compensatory damages against the person who signed the civil pleading; and 13 (3) (b) of this section may bring an action for compensatory and 14 punitive damages against the person who took part in the initiation, defense, 15 continuation, or procurement of the civil action. 16 (d) If a person brings an action under (c) of this section, the court shall award 17 actual reasonable attorney fees to the prevailing party regardless of whether the 18 prevailing party is the plaintiff or defendant. 19 (e) A person may not bring a civil action to recover damages under 20 (1) (c) of this section unless final judgment has been entered in the 21 civil action described in (a) or (b) of this section; and 22 (2) (c)(1) or (2) of this section unless 23 (A) if the civil action is based on conduct described in (a)(1) 24 or (2)(A) of this section, a notice of the specific conduct alleged to violate that 25 provision is served on the opposing party as required under the Alaska Rules 26 of Civil Procedure, but not filed with the court; and 27 (B) the conduct is not appropriately corrected within 21 days 28 after notice is served. 29 (f) This section does not apply to an action 30 (1) brought by a person incarcerated by the state; 31 (2) involving divorce or dissolution; or
01 (3) involving adoption, custody, support, or visitation of a child. 02 (g) In this section, "civil pleading" includes motions and affidavits. 03 * Sec. 2. AS 09.65.190(d), enacted in sec. 1 of this Act, has the effect of amending Rule 04 82(b), Alaska Rules of Civil Procedure, by allowing the award of actual reasonable attorney 05 fees in certain civil actions. 06 * Sec. 3. APPLICABILITY. This Act applies to a civil action that accrues on or after the 07 effective date of this Act. 08 * Sec. 4. SEVERABILITY. Under AS 01.10.030, if any provision of this Act, or the 09 application of a provision of this Act to any person or circumstance, is held invalid, the 10 remainder of this Act and the application to other persons shall not be affected. 11 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).