Monday, May 12th, 2008...6:22 am
Litigation Control in the Alaska Legislature: An Update
On February 25th, we reviewed three bills before the Alaska Legislature. Here’s the current status:
Frivolous litigation
HB 349 (Chenault) would amend Civil Rule 82(b) and Appellate Rule 408(e) [and codify both] to authorize fee awards against attorneys and parties who defend, as well as prosecute “frivolous litigation,” including cross-appeals as well as appeals. Update: The bill has gone nowhere.
SB 226 (Judiciary Committee) would direct the Court System to create a state-wide list of “vexatious litigants” who would need to obtain permission from the Presiding Judge before filing suit, and would need to post security to cover an adverse award of fees and costs. The Senate Judiciary Committee unanimously approved SB 226 on February 13th and referred it to Finance. Update: The Senate passed the bill on April 8th. On April 10th, the House Judiciary Committee voted 1 Do Pass and 6 No Recommendation, and referred it to the Rules Committee, where nothing has happened.
District Court discovery
HB 399 (Gruenberg) would amend District Court Civil Rule 1 to eliminate the automatic cap on discovery in property and personal injury matters. Update: The bill languishes.
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