Nonsuits; fees and costs. (HB1773)

Introduced By

Del. Dave Albo (R-Springfield) with support from co-patron Del. Bill Howell (R-Fredericksburg)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Nonsuits; fees and costs. Provides that when a nonsuit is taken within 14 days prior to trial or during trial and a new proceeding on the same cause of action is instituted, the court may award reasonable attorney fees, expenses, and costs to a defendant who was also a defendant in the prior nonsuited action. The award shall reasonably compensate the defendant for any fees, expenses, and costs paid or incurred for the period between 14 days prior to trial and the time the nonsuit was taken that will be incurred again in the new proceeding. The award is capped at $25,000 or 10 percent of the amount of damages sought, whichever is greater. The bill also clarifies that a nonsuit taken at trial triggers the same consequences as a nonsuit taken with the seven days prior to trial, i.e., the court's ability to assess reasonable witness fees and travel costs against the nonsuiting party. Read the Bill »


Bill Has Failed


01/08/2013Prefiled and ordered printed; offered 01/09/13 13101545D
01/08/2013Referred to Committee for Courts of Justice
01/21/2013Assigned Courts sub: #2 Civil
01/23/2013Subcommittee recommends laying on the table
02/05/2013Left in Courts of Justice