SENATE WOMEN'S ISSUES, CHILDREN AND FAMILY SERVICES COMMITTEE

 

STATEMENT TO

 

ASSEMBLY, No. 71

 

with committee amendments

 

STATE OF NEW JERSEY

 

DATED: JUNE 19, 1997

 

      The Senate Women's Issues, Children and Family Services Committee favorably reports Assembly Bill No. 71. with committee amendments.

      As amended, 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.

      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 committee amended the bill to allow a prevailing party in a civil action to recover attorney fees and costs from the nonprevailing party following the judgment, when the judge determines that a complaint, counterclaim, cross-claim, defense, motion or cross-motion, filed by the nonprevailing party was frivolous.

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

      This bill is identical to Senate Bill No. 1491 SCA, sponsored by Senators Martin and Ewing, which was amended and released by this committee on this date.