LRBs0639/1
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2005 - 2006 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
TO 2005 ASSEMBLY BILL 149
March 7, 2006 - Offered by Senators Grothman, Miller and Risser.
AB149-SSA2,1,2 1An Act to create 814.04 (1) (b) of the statutes; relating to: attorney fees in court
2actions.
Analysis by the Legislative Reference Bureau
Under current law, generally in civil actions the amount a prevailing party may
recover in attorney fees is limited by law. If the amount recovered is greater than
$5,000, the attorney fees are $500. If the amount recovered is from $1,000 to $5,000,
the attorney fees are $300. If the amount recovered is less than $1,000, the attorney
fees are $100. If there is no specific amount recovered or if the action does not involve
property, the attorney fees are $300. Current law reduces these attorney fee awards
by half if there is a default judgment or if the action is voluntarily dismissed by the
adverse party.
This bill allows the court to increase the amount of these attorney fees by not
more than $125 if the attorney appeared before the court, the case required an
unusual amount of time, and the attorney submitted a statement of the time that the
case required.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB149-SSA2, s. 1 3Section 1. 814.04 (1) (b) of the statutes is created to read:
AB149-SSA2,2,4
1814.04 (1) (b) Notwithstanding par. (a) and sub. (6), the court may award
2additional attorney fees not in excess of $125 if the attorney appears before the court,
3the case required an unusual amount of time, and the attorney submits a statement
4to the court listing the amount of time that the case required.
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