Indiana Code 34-50-1-6. Attorney’s fees and costs
(1) a recipient does not accept a qualified settlement offer; and
Terms Used In Indiana Code 34-50-1-6
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
the court shall award attorney‘s fees, costs, and expenses to the offeror upon the offeror’s motion.
(b) An award of attorney’s fees, costs, and expenses under this section must consist of attorney’s fees at a rate of not more than two hundred fifty dollars ($250) per hour and other costs and expenses incurred by the offeror after the date of the qualified settlement offer. However, the award of attorney’s fees, costs, and expenses may not total more than five thousand dollars ($5,000).
(c) A motion for an award of attorney’s fees, costs, and expenses under this section must be filed not more than thirty (30) days after entry of judgment. The motion must be accompanied by an affidavit of the offeror or the offeror’s attorney establishing the amount of the attorney’s fees and other costs and expenses incurred by the offeror after the date of the qualified settlement offer. The affidavit constitutes prima facie proof of the reasonableness of the amount.
(d) Where appropriate, the court may order a judgment entered against the offeror and in favor of the recipient reduced by the amount of attorney’s fees, costs, and expenses awarded to the offeror under this section (or IC 34-4-44.6-8 before its repeal).
[Pre-1998 Recodification Citation: 34-4-44.6-9.]
As added by P.L.1-1998, SEC.46. Amended by P.L.117-2024, SEC.1.