LEGAL SERVICES
DIVISION OF LEGAL AND RESEARCH SERVICES
LEGISLATIVE AFFAIRS AGENCY
STATE OF ALASKA

(907) 465-3867 or 465-2450
FAX (907) 465-2029 130 Seward Street, Suite 409
Mail Stop 3101 Juneau, Alaska 99801-2105

M E M O R A N D U M
January 24, 1997

SUBJECT: Sectional Summary of HB 31 (Work Order No. 20-LS0193\A)

TO: Representative Eldon Mulder, Attn: Denny DeWitt

FROM: Michael F. Ford, Legislative Counsel

You have requested a sectional summary of the above-described bill.

As a preliminary matter, note that a sectional summary of a bill should not be considered an authoritative interpretation of the bill and the bill itself is the best statement of its contents. If you would like an interpretation of the bill as it may apply to a particular set of circumstances, please advise.

Section 1. Prohibits a person from knowingly or recklessly filing civil pleadings that contain false allegations or misstatements of fact, from signing a civil pleading before making a determination that the claim is factually based and warranted by existing law or a good faith argument for modification of existing law, and from raising a claim or defense for the purpose of delay or harassment. Requires that judgment be entered against a party making an intentional and material mistatement of fact in a civil action. Imposes civil liability if a person in a civil action acts without probable cause or primarily for a purpose other than that of securing the proper adjudication of a civil claim. Allows a person who is injured by a violation of (a) of this section to recover compensatory damages and requires the claim be brought in the same action if the person is a party. Allows a person who is injured by a violation of (d) of this section to recover both compensatory and punitive damages and requires that final judgment be entered in the civil action in which the violation occurred. If a person obtains judgment for damages allowed under this section, the court is required to also award actual reasonable attorney fees to the prevailing party.

Section 2. Court rule change section for Civil Rule 13(e).

Section 3. Court rule change section for Civil Rule 82(b).

Section 4. Severability clause.

Section 5. Effective date.

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