2009 Iowa Code
Title 15 - Judicial Branch and Judicial Procedures
Subtitle 3 - Civil Procedure
CHAPTER 625 - COSTS
625.29 - FEES -- EXPENSES.

        625.29  FEES -- EXPENSES.
         1.  Unless otherwise provided by law, and if the prevailing party
      meets the eligibility requirements of subsection 2, the court in a
      civil action brought by the state or an action for judicial review
      brought against the state pursuant to chapter 17A other than for a
      rulemaking decision, shall award fees and other expenses to the
      prevailing party unless the prevailing party is the state.  However,
      the court shall not make an award under this section if it finds one
      of the following:
         a.  The position of the state was supported by substantial
      evidence.
         b.  The state's role in the case was primarily adjudicative.
         c.  Special circumstances exist which would make the award
      unjust.
         d.  The action arose from a proceeding in which the role of
      the state 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.
         e.  The proceeding was brought by the state pursuant to Title
      XVI.{
         f.  The proceeding involved eminent domain, foreclosure,
      collection of judgment debts, or was a proceeding in which the state
      was a nominal party.
         g.  The proceeding involved the department of administrative
      services under chapter 8A, subchapter IV.
         h.  The proceeding is a tort claim.
         2.  To be eligible for an award of fees and other expenses under
      this section, the prevailing party shall be one of the following:
         a.  A natural person.
         b.  A sole proprietorship, partnership, corporation,
      association, or public or private organization, any of which meets
      the following criteria:
         (1)  Its average daily employment was twenty persons or less for
      the twelve months preceding the filing of the action.
         (2)  Its gross receipts for the twelve-month period preceding the
      filing of the action were one million dollars or less, or its average
      gross receipts for the three twelve-month periods preceding the
      filing of the action were two million dollars or less.
         3.  A party seeking an award for fees and other expenses under
      this section must file a claim for relief as a part of the civil
      action or as a part of the action for judicial review brought against
      the state pursuant to chapter 17A.  If the amount sought includes an
      attorney's fees or fees for an expert, the application shall include
      an itemized statement for these fees indicating the actual time
      expended in representing the party and the rate at which the fees
      were computed.  The party seeking relief must establish that the
      state's case was not supported by substantial evidence.
         4.  The court, in its discretion, may reduce the amount to be
      awarded pursuant to this section, or deny an award, to the extent
      that the prevailing party, during the course of the proceedings
      engaged in conduct which unduly and unreasonably protracted the final
      resolution of the matter in controversy.
         5.  An award pursuant to this section shall not personally
      obligate any officer or employee of this state for payment.
         6.  Fees and other expenses awarded under this section may be
      ordered in addition to any compensation awarded in a judgment.  When
      awarding fees and other expenses against the state under this
      section, the court shall order the auditor of state to issue a
      warrant drawn on the state general fund for the amount of the award.
      The treasurer of state shall pay the warrant.  However, if the court
      finds that an agency of state government, against which fees and
      other expenses are awarded for an action for judicial review of an
      agency proceeding under chapter 17A, has acted in bad faith in
      initiating an action deemed frivolous or without merit, then the
      agency shall make the payment ordered from the moneys appropriated to
      that agency.
         7.  Each agency that pays fees or other expenses for an action for
      judicial review of an agency proceeding under chapter 17A shall
      report annually to the chairs and ranking members of the appropriate
      appropriations subcommittees of the general assembly the amount of
      fees or other expenses paid during the preceding fiscal year by that
      agency.  In its report the agency shall describe the number, nature,
      and amount of the awards, the claims involved in the action, and
      other relevant information which might aid the general assembly in
      evaluating the scope and impact of these awards.  

         83 Acts, ch 107, § 2, 3; 88 Acts, ch 1134, § 110; 2003 Acts, ch
      145, §275
         Referred to in § 625.28
         {This provision does not include chapters 709A, 718A, 822, 904,
      913, and 914, which were moved into Title XVI by the Code editor.
      Chapters 709A, 718A, 822, 904, 913, and 914 contain the applicable
      provisions pertaining to those chapters.