Assigned to MAPS & APPROP FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
FACT SHEET FOR S.B. 1207
attorney fees; defendant; acquittal
Purpose
Requires a defendant who is acquitted on merits and who hired private counsel for the
defendant's defense to be awarded reasonable attorney fees and costs.
Background
Current statute requires the courts to award reasonable attorney fees, costs, compensation
for lost income and all expenses incurred by a defendant in the defense of any civil action if the
defendant prevails in the civil action (A.R.S. § 13-420).
In any civil action commenced or appealed in a court of record in the state, the court must
assess reasonable attorney fees, expenses and, at the court's discretion, double damages up to
$5,000 against an attorney or party, including the state and political subdivisions, if the attorney
or party: 1) brings or defends a claim without substantial justification; 2) brings or defends a claim
solely or primarily for delay or harassment; 3) unreasonably expands or delays the proceeding; or
4) engages in abuse of discovery. The court may allocate the payment of attorney fees among the
offending attorneys and parties, jointly or severally, and nay assess separate amounts against an
offending attorney or party (A.R.S. § 12-349).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Requires a defendant who is acquitted on merits and who hired private counsel for the
defendant's defense to be awarded reasonable attorney fees and costs.
2. Makes technical changes.
3. Becomes effective on the general effective date.
Prepared by Senate Research
February 2, 2024
ZD/SB/cs