2012 Kentucky Revised Statutes CHAPTER 453 COSTS 453.260 Additional costs in certain civil actions -- Causes for denial of additional costs -- Award of attorney fees and other expenses -- Computation of fees of attorneys and expert witnesses -- Exceptions to application of provisions.
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453.260 Additional costs in certain civil actions -- Causes for denial of additional
costs -- Award of attorney fees and other expenses -- Computation of fees of
attorneys and expert witnesses -- Exceptions to application of provisions.
(1)
(2)
(3)
(4)
(5)
In addition to any costs which are awarded as prescribed by statute, a court shall
award costs to any party which prevails by a final adjudication on the merits in any
of the following:
(a) A civil action brought by the Commonwealth against the party; and
(b) A civil action brought by the party against the Commonwealth to challenge
the assessment or collection of taxes.
The court in its discretion may deny the award provided for in this section, or may
reduce the award, if it finds that:
(a) During the course of the proceeding the prevailing party unduly and
unreasonably protracted the final resolution of the matter;
(b) The reason that the party other than the Commonwealth has prevailed is an
intervening change in the applicable statutes, regulations, or case law;
(c) The prevailing party refused an offer of civil settlement which was at least as
favorable to the party as the relief ultimately granted; or
(d) The position of the Commonwealth was substantially justified or a special
circumstance would make an award unjust provided, however, that the burden
of proof of substantial justification or special circumstance shall rest with the
Commonwealth.
A party may apply pursuant to the applicable Rules of Civil Procedure for an award
of attorney fees and other expenses authorized under this section and shall include
as part of the application evidence of the party's eligibility for the award and the
amount sought, including an itemized and attested statement from the attorneys and
experts stating the actual time expended in representing the party and the rate at
which the fees were computed. The party shall also allege in such application that
the Commonwealth acted without substantial justification.
The court shall base any award of fees as provided in this section on prevailing
market rates for the kind and quality of services furnished, except that:
(a) An expert is not eligible for compensation at a rate in excess of the prevailing
rate of compensation for similar experts paid by the Commonwealth;
(b) The award of attorney fees may not exceed the amount which the prevailing
party has paid or has agreed to pay the attorney or a maximum amount of forty
dollars ($40) per hour unless the court determines that an increase in the cost
of living or a special factor, such as the limited availability of qualified
attorneys for the proceeding involved, justifies a higher fee;
(c) No award shall be greater than ten thousand dollars ($10,000) to each party,
except that no award shall be made to any party who voluntarily intervenes in
any such action.
This section does not:
(a) Apply to an action arising from a proceeding before the Commonwealth in
(b)
(c)
(d)
(e)
which the role of the Commonwealth was to determine the eligibility or
entitlement of an individual to a monetary benefit or its equivalent, or to
adjudicate a dispute or issue between private parties or to establish or fix a
rate. As used in this subsection, monetary benefit or its equivalent shall not
include a license, permit, charter, or similar instrument that the
Commonwealth may require to engage in a business, profession, or similar
activity;
Apply to proceedings brought by the Commonwealth pursuant to KRS
Chapters 218A, 431 to 439, and 500 to 534;
Apply to proceedings involving eminent domain, foreclosure, collection of
judgment debts, or proceedings in which the Commonwealth is a nominal
party;
Personally obligate any officer or employee of the Commonwealth for the
payment of an award entered under this section; and
Apply to proceedings brought pursuant to KRS Chapters 209, 342, and 625.
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 190, sec. 13, effective July 15, 1994. -- Amended
1986 Ky. Acts ch. 423, sec. 194, effective July 1, 1987; and ch. 494, sec. 25,
effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 111, sec. 165, effective July
13, 1984. -- Created 1982 Ky. Acts ch. 213, sec. 2, effective July 15, 1982.
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