§ 625.29 — Fees — expenses

Iowa § 625.29

• Jurisdiction: Iowa
• Title XV: JUDICIAL BRANCH AND JUDICIAL PROCEDURES
• Ch. 625: COSTS

Text

1. Unless otherwise provided by law, and if the prevailing party meets the eligibility
requirements of subsection 2, the court in a civil action brought by the state or an action for
judicial review brought against the state pursuant to chapter 17A other than for a rulemaking
decision, shall award fees and other expenses to the prevailing party unless the prevailing
party is the state. However, the court shall not make an award under this section if it finds
one of the following:
a. The position of the state was supported by substantial evidence.
b. The state’s role in the case was primarily adjudicative.
c. Special circumstances exist which would make the award unjust.
d. The action arose from a proceeding in which the role of the state was to determine
the eligibility or entitlement of an individual to a monetary benefit or its equivalent or to
adjudicate a dispute or issue between private parties or to establish or fix a rate.
e. The proceeding was brought by the state pursuant to Title XVI.*
f. The proceeding involved eminent domain, foreclosure, collection of judgment debts, or
was a proceeding in which the state was a nominal party.
g. The proceeding involved the department of administrative services under chapter 8A,
subchapter IV.
h. The proceeding is a tort claim.
2. To be eligible for an award of fees and other expenses under this section, the prevailing
party shall be one of the following:
a. A natural person.
b. A sole proprietorship, partnership, corporation, association, or public or private
organization, any of which meets the following criteria:
(1) Its average daily employment was twenty persons or less for the twelve months
preceding the filing of the action.
(2) Its gross receipts for the twelve-month period preceding the filing of the action were
one million dollars or less, or its average gross receipts for the three twelve-month periods
preceding the filing of the action were two million dollars or less.
3. A party seeking an award for fees and other expenses under this section must file a
claim for relief as a part of the civil action or as a part of the action for judicial review brought
against the state pursuant to chapter 17A. If the amount sought includes an attorney’s fees
or fees for an expert, the application shall include an itemized statement for these fees
indicating the actual time expended in representing the party and the rate at which the
fees were computed. The party seeking relief must establish that the state’s case was not
supported by substantial evidence.
4. The court, in its discretion, may reduce the amount to be awarded pursuant to this

section, or deny an award, to the extent that the prevailing party, during the course of
the proceedings engaged in conduct which unduly and unreasonably protracted the final
resolution of the matter in controversy.
5. An award pursuant to this section shall not personally obligate any officer or employee
of this state for payment.
6. Fees and other expenses awarded under this section may be ordered in addition to any
compensation awarded in a judgment. When awarding fees and other expenses against the
state under this section, the court shall order the auditor of state to issue a warrant drawn
on the state general fund for the amount of the award. The treasurer of state shall pay the
warrant. However, if the court finds that an agency of state government, against which fees
and other expenses are awarded for an action for judicial review of an agency proceeding
under chapter 17A, has acted in bad faith in initiating an action deemed frivolous or without
merit, then the agency shall make the payment ordered from the moneys appropriated to that
agency.
7. Each agency that pays fees or other expenses for an action for judicial review of
an agency proceeding under chapter 17A shall report annually to the chairs and ranking
members of the appropriate appropriations subcommittees of the general assembly the
amount of fees or other expenses paid during the preceding fiscal year by that agency. In its
report the agency shall describe the number, nature, and amount of the awards, the claims
involved in the action, and other relevant information which might aid the general assembly
in evaluating the scope and impact of these awards.