Montana legislation · 2025 Regular Session
Montana HB706: Require a prevailing party seeking attorney fees from the state to make certain showings
Status: Failed, May 20, 2025
What the bill says
A bill for an act entitled: "an act revising requirements for an award of attorney fees; providing elements a party prevailing against the government shall establish when seeking a claim for attorney fees; and providing an exception.".
From the engrossed text:
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING REQUIREMENTS FOR AN AWARD OF ATTORNEY FEES; PROVIDING ELEMENTS A PARTY PREVAILING AGAINST THE GOVERNMENT SHALL ESTABLISH WHEN SEEKING A CLAIM FOR ATTORNEY FEES; AND PROVIDING AN EXCEPTION." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: NEW SECTION. Section 1. Attorney fees. (1) When a party who has prevailed against the state government seeks a claim for attorney fees from a court based on applicable legal authority, the party shall show: (a) an engagement letter or representation agreement from the outset of the engagement stating the scope of representation and the attorneys' hourly rates; (b) daily documentation of work performed showing the time spent on specific tasks in increments of time less than one-quarter hour for each entry as reflected in invoices submitted to the party from counsel within 60 days of the work performed; and (c) proof of payment of the invoices within 30 days of receipt. (2) The required showings in subsection (1) do not apply to a party that has prevailed against the state government if the prevailing party had at the end of the most recent fiscal year income and assets that together did not exceed $250,000. (3) For any disclosure required by subsections (1)(a) or (1)(b), a party may redact information protected by …
Sponsors
- Mercer, Bill (R, 52) · primary sponsor
Latest actions
- : (H) Died in Process
- : (H) Missed Deadline for General Bill Transmittal
- : (H) Tabled in Committee
- : (H) Hearing
- : (H) 1st Reading
- : (H) Referred to Committee
- : (H) Introduced
- : (LC) Draft Delivered to Requester
- : (LC) Draft Ready for Delivery
- : (LC) Draft in Assembly
Subjects: Courts, Remedies, Civil Procedure
Common questions
- What is HB706?
- HB706 is a bill in the Montana Legislature (2025 Regular Session): Require a prevailing party seeking attorney fees from the state to make certain showings.
- What does HB706 do?
- In its own words: A bill for an act entitled: "an act revising requirements for an award of attorney fees; providing elements a party prevailing against the government shall establish when seeking a claim for attorney fees; and providing an exception.".
- What is the status of HB706?
- Failed as of May 20, 2025. Latest action: (H) Died in Process (May 20, 2025).
- Who sponsored HB706?
- Mercer, Bill (R, 52).
- Where is the official record for HB706?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC3440
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.