ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 71

STATE OF NEW JERSEY

DATED: MAY 20, 1996

      The Assembly Judiciary Committee reports favorably Assembly Bill No. 71.

      This bill would allow judges to impose sanctions against parties who file frivolous motions in civil actions, including family court motions.

            Under current law, the "frivolous lawsuit" statute, N.J.S.A.2A:15-59.1, allows a prevailing party in a civil action to recover attorney fees and costs from the nonprevailing party when the judge determines that a complaint, counterclaim, cross-claim or defense filed by the nonprevailing party was frivolous.

      However, the New Jersey Supreme Court, in McKeown-Brand v. Trump Castle Hotel & Casino, 132 N.J. 546, 562 (1993) and Lewis v. Lewis, 132 N.J. 541, 545 (1993), held that by the terms of N.J.S.A.2A:15-59.1, the statute does not apply to motions. In Lewis v. Lewis, which involved post-judgment matrimonial motions, the family court awarded attorney fees to Joanne Lewis because it determined that a motion by her ex-husband to reduce his payment of alimony arrearages was frivolous under the standards set by N.J.S.A.2A:15-59.1. However, the attorney fee award was overturned by the New Jersey Supreme Court on the grounds that the statute only covers a frivolous "complaint, counterclaim, cross-claim or defense," and not a frivolous motion.

      This bill would expand the statute to also allow recovery of attorney fees and court costs for a party who is forced to litigate against a frivolous motion or cross-motion.

      The bill embodies Recommendation 14 of the report of the Commission to Study the Law of Divorce, issued April 18, 1995.

      This bill was prefiled for introduction in the 1996 session pending technical review. As reported, the bill includes the changes required by technical review which has been performed.