SENATE BILL 159

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Joseph Cervantes

FOR THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE

AN ACT

RELATING TO COURTS; PROVIDING FOR RECIPROCAL ATTORNEY FEE AWARD PROVISIONS IN CERTAIN CIVIL CASES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. ATTORNEY FEES--RECIPROCAL RIGHT TO RECOVER ATTORNEY FEES.--

          A. A court may award reasonable attorney fees as part of the costs to a party that prevails in any civil action that is:

                (1) based on any promissory note, written contract or other writing if the provisions of the promissory note, written contract or other writing allow at least one party to recover attorney fees; and

                (2) commenced on or after July 1, 2014.

          B. As used in this section, "writing" does not include the provisions of a constitution, statute, rule, regulation, order, judgment, decree, ordinance, code or similar promulgation, however denominated.

          C. A waiver, release or relinquishment of a right conferred pursuant to this section, executed on or after July 1, 2014, is void, unless it is executed as part of a complete settlement of a bona fide dispute.

          D. This section declares the public policy of New Mexico.

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2014.

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