HR 5477
Litigation Reimbursement Act
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Bill overview
This bill, the Litigation Reimbursement Act, changes how attorneys’ fees are awarded in criminal and civil cases. Specifically, it requires courts to award attorneys’ fees to parties who successfully proceed to trial and receive a non-convicting verdict in criminal cases. It also mandates that courts award costs and fees in civil cases. The bill aims to ensure that parties who vigorously pursue their cases, even if unsuccessful, are not unduly burdened by legal expenses.
Key provisions
- Requires courts to award attorneys’ fees in criminal cases where a verdict is not a conviction.
- Changes the reference year in a relevant appropriations act from 1998 to 2026.
- Specifies that attorney’s fees should be ‘shall’ awarded, rather than ‘may’ awarded, in relevant cases.
- Mandates the award of costs and fees in civil cases.
Who is affected
- Criminal defendants
- Criminal prosecutors (specifically, the United States)
- Civil litigants
- Attorneys
- Courts
Notable changes
- Expands the criteria for awarding attorney’s fees in criminal cases beyond just ‘prevailing parties’.
- Introduces a specific requirement that the United States’ position must be ‘vexatious, frivolous, or in bad faith’ to warrant fee awards.
- Changes the language from ‘may award’ to ‘shall award’ for attorney’s fees and costs in both criminal and civil cases.
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119th CONGRESS — 1st Session
H. R. 5477
IN THE HOUSE OF REPRESENTATIVES
A BILL
To direct courts to award attorneys fees in criminal cases that do not result in a conviction, and for other purposes.
This Act may be cited as the Litigation Reimbursement Act
.
Section 617 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (18 U.S.C. 3006A note) is amended—
by striking fiscal year 1998
and inserting fiscal year 2026
;
by striking pending on or after the date of the enactment of this Act
and inserting pending on or after the date of the enactment of the Litigation Reimbursement Act
; and
may award to a prevailing party, other than the United States, a reasonable attorney's fee and other litigation expenses, where the court finds that the position of the United States was vexatious, frivolous, or in bad faith,and inserting
shall award to a prevailing party, other than the United States, a reasonable attorney’s fee and other litigation expenses, in any case that proceeds to trial and with respect to which a verdict is rendered by the judge or jury that is not a conviction,.
Section 2412 of title 28, United States Code, is amended—
in subsection (a), by striking may be awarded
and inserting shall be awarded
; and
in subsection (b), by striking may be awarded
and inserting shall be awarded
.