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2023 SESSION
SB 817 Attorney fees; written notice of lien requirements, validity and amount determinations.
Introduced by: Scott A. Surovell | all patrons ... notes | add to my profiles
SUMMARY AS PASSED SENATE: (all summaries)
Lien for attorney fees; written notice requirements; validity and amount determinations. Provides that written notice of a lien for attorney fees shall be given either within 45 days of the end of representation or (i) in causes of action sounding in tort or for liquidated or unliquidated damages on contract, before settlement or adjustment or (ii) in cases of annulment or divorce, before final judgment is entered, whichever is earlier. The bill further provides that the validity and amount of such a lien may be determined either by motion in the case in which the lien is claimed or by separate action after final judgment has been entered therein or if no case has been filed. The bill specifies that the validity and amount of such a lien shall be determined by the court without a jury and directs the Office of the Executive Secretary to create a form to be filed with the clerk of the circuit court. As introduced, this bill was a recommendation of the Boyd-Graves Conference.
FULL TEXT
- 12/19/22 Senate: Prefiled and ordered printed; offered 01/11/23 23100739D pdf
- 01/30/23 Senate: Printed as engrossed 23100739D-E pdf
- 03/07/23 Senate: Bill text as passed Senate and House (SB817ER) pdf
- 03/22/23 Governor: Acts of Assembly Chapter text (CHAP0234) pdf
AMENDMENTS
- Senate subcommittee amendments and substitutes offered
- Senate committee, floor amendments and substitutes offered
- Senate amendments
HISTORY
- 12/19/22 Senate: Prefiled and ordered printed; offered 01/11/23 23100739D
- 12/19/22 Senate: Referred to Committee on the Judiciary
- 01/20/23 Senate: Assigned Judiciary sub: Civil Law
- 01/25/23 Senate: Reported from Judiciary with amendment (12-Y 0-N)
- 01/27/23 Senate: Constitutional reading dispensed (40-Y 0-N)
- 01/30/23 Senate: Read second time
- 01/30/23 Senate: Reading of amendment waived
- 01/30/23 Senate: Committee amendment agreed to
- 01/30/23 Senate: Engrossed by Senate as amended SB817E
- 01/30/23 Senate: Printed as engrossed 23100739D-E
- 01/31/23 Senate: Read third time and passed Senate (39-Y 0-N)
- 02/10/23 House: Placed on Calendar
- 02/10/23 House: Read first time
- 02/10/23 House: Referred to Committee for Courts of Justice
- 02/10/23 House: Assigned Courts sub: Subcommittee #2
- 02/13/23 House: Subcommittee recommends reporting (8-Y 0-N)
- 02/20/23 House: Reported from Courts of Justice (20-Y 0-N)
- 02/22/23 House: Read second time
- 02/23/23 House: Read third time
- 02/23/23 House: Passed House BLOCK VOTE (96-Y 0-N)
- 02/23/23 House: VOTE: Block Vote Passage (96-Y 0-N)
- 03/07/23 Senate: Enrolled
- 03/07/23 Senate: Bill text as passed Senate and House (SB817ER)
- 03/08/23 Senate: Signed by President
- 03/08/23 House: Signed by Speaker
- 03/13/23 Senate: Enrolled Bill Communicated to Governor on March 13, 2023
- 03/13/23 Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
- 03/22/23 Governor: Approved by Governor-Chapter 234 (effective 7/1/23)
- 03/22/23 Governor: Acts of Assembly Chapter text (CHAP0234)