[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 585 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 585
To provide greater access to civil justice by reducing costs and delay,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 16 (legislative day, March 3), 1993
Mr. Grassley (for himself and Mr. DeConcini) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To provide greater access to civil justice by reducing costs and delay,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil Justice Reform Act of 1993''.
SEC. 2. DIVERSITY OF CITIZENSHIP JURISDICTION; AWARD OF ATTORNEYS' FEES
TO PREVAILING PARTY.
(a) Award of Fees.--Section 1332 of title 28, United States Code,
is amended by inserting after subsection (e) the following new
subsection:
``(f)(1) The prevailing party in an action under this section shall
be entitled to attorneys' fees only to the extent that such party
prevails on any position or claim advanced during the action.
Attorneys' fees under this paragraph shall be paid by the nonprevailing
party but shall not exceed the amount of the attorneys' fees of the
nonprevailing party with regard to such position or claim. If the
nonprevailing party receives services under a contingent fee agreement,
the amount of attorneys' fees under this paragraph shall not exceed the
reasonable value of those services.
``(2) In order to receive attorneys' fees under paragraph (1),
counsel of record in any actions under this section shall maintain
accurate, complete records of hours worked on the matter regardless of
the fee arrangement with his or her client.
``(3) The court may, in its discretion, limit the fees recovered
under paragraph (1) to the extent that the court finds special
circumstances that make payment of such fees unjust.
``(4) This subsection shall not apply to any action removed from a
State court under section 1441 of this title, or to any action in which
the United States, any State, or any agency, officer, or employee of
the United States or any State is a party.
``(5) As used in this subsection, the term `prevailing party' means
a party to an action who obtains a favorable final judgment (other than
by settlement), exclusive of interest, on all or a portion of the
claims asserted in the action.''.
(b) Study and Report.--(1) The Director of the Administrative
Office of the United States Courts shall conduct a study regarding the
effect of the requirements of subsection (f) of section 1332 of title
28, United States Code, as added by subsection (a) of this section, on
the caseload of actions brought under such section, which study shall
include--
(A) data on the number of actions, within each judicial
district, in which the nonprevailing party was required to pay
the attorneys' fees of the prevailing party; and
(B) an assessment of the deterrent effect of the
requirements on frivolous or meritless actions.
(2) No later than 4 years after the date of enactment of this Act,
the Director of the Administrative Office of the United States Courts
shall submit a report to the appropriate committees of Congress
containing--
(A) the results of the study described in paragraph (1);
and
(B) recommendations regarding whether the requirements
should be continued or applied with respect to additional
actions.
(c) Repeal.--No later than 5 years after the date of enactment of
this Act, this section and the amendment made by this section shall be
repealed.
SEC. 3. OFFER OF JUDGMENT.
(a) In General.--Part V of title 28, United States Code, is amended
by inserting after chapter 113 the following new chapter:
``CHAPTER 114--PRETRIAL PROVISIONS
``Sec.
``1721. Offer of judgment.
``Sec. 1721. Offer of judgment
``(a)(1) In any civil action filed in a district court, any party
may serve upon any adverse party a written offer to allow judgment to
be entered for the money or property specified in the offer.
``(2) If within 14 days after service of the offer, the adverse
party serves written notice that the offer is accepted, either party
may file the offer and notice of acceptance and the clerk shall enter
judgment.
``(3) An offer not accepted within such 14-day period shall be
deemed withdrawn and evidence thereof is not admissible, except in a
proceeding to determine reasonable attorney fees.
``(4) If the final judgment obtained by the offeree is not more
favorable than the offer made under paragraph (1) which was not
accepted by the offeree, the offeree shall pay the offeror's reasonable
attorney fees incurred after the expiration of the time for accepting
the offer, to the extent necessary to make the offeror whole.
``(5) In no case shall an award of attorney fees under this section
exceed the amount of the judgment obtained. The court may reduce the
award of costs and attorney fees to avoid the imposition of undue
hardship on a party.
``(6) The fact that an offer is made under this section shall not
preclude a subsequent offer.
``(7)(A) Subject to the provisions of subparagraph (B), when the
liability of 1 party has been determined by verdict, order, or
judgment, but the amount or extent of the liability remains to be
determined by further proceedings, any party may make an offer of
judgment, which shall have the same effect as an offer made before
trial.
``(B) The court may shorten the period of time an offeree may have
to accept an offer under subparagraph (A), but in no case shall such
period be less than 7 days.
``(b) A party making an offer shall not be deprived of the benefits
of an offer it makes by an adverse party's subsequent offer, unless the
subsequent offer is more favorable than the judgment obtained.
``(c) If the judgment obtained includes nonmonetary relief, a
determination that it is more favorable to the offeree than was the
offer shall be made only when the terms of the offer included all such
nonmonetary relief.
``(d) This section shall not apply to class or derivative actions
under rules 23, 23.1 and 23.2 of the Federal Rules of Civil Procedure.
``(e)(1) Except as provided under paragraph (2), the provisions of
this section shall not be construed to prohibit an award or reduce the
amount of an award a party may receive under a statute which provides
for the payment of attorney's fees by another party.
``(2) The amount a party may receive under this section may be set
off against the amount of an award made under a statute described in
paragraph (1).''.
(b) Technical and Conforming Amendment.--The table of chapters for
part IV of title 28, United States Code, is amended by inserting after
the item relating to chapter 113 the following:
``114. Pretrial provisions.................................. 1721''.
SEC. 4. PRIOR NOTICE AS A PREREQUISITE OF FILING A CIVIL ACTION IN THE
UNITED STATES DISTRICT COURT.
(a) In General.--Chapter 23 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 483. Prior notice of civil action
``(a)(1) No less than 30 days before filing a civil action in a
court of the United States the claimant intending to file such action
shall transmit written notice to any intended defendant of the specific
claims involved, including the amount of actual damages and expenses
incurred and expected to be incurred. The claimant shall transmit such
notice to any intended defendant at an address reasonably expected to
provide actual notice.
``(2) For purposes of this section, the term `transmit' means to
mail by first class-mail, postage prepaid, or contract for delivery by
any company which physically delivers correspondence as a commercial
service to the public in its regular course of business.
``(3) The claimant shall at the time of filing a civil action, file
in the court a certificate of service evidencing compliance with this
subsection.
``(b) If the applicable statute of limitations for such action
would expire during the period of notice required by subsection (a),
the statute of limitations shall expire on the thirtieth day after the
date on which written notice is transmitted to the intended defendant
or defendants under subsection (a). The parties may by written
agreement extend that 30-day period for an additional period of not to
exceed 90 days.
``(c) The requirements of this section shall not apply--
``(1) in any action to seize or forfeit assets subject to
forfeiture or in any bankruptcy, insolvency, receivership,
conservatorship, or liquidation proceeding;
``(2) if the assets that are the subject of the action or
would satisfy a judgment are subject to flight, dissipation, or
destruction, or if the defendant is subject to flight;
``(3) if a written notice prior to filing an action is
otherwise required by law, or the claimant has made a prior
attempt in writing to settle the claim with the defendant;
``(4) in proceedings to enforce a civil investigative
demand or an administrative summons;
``(5) in any action to foreclose a lien; or
``(6) in any action pertaining to a temporary restraining
order, preliminary injunctive relief, or the fraudulent
conveyance of property, or in any other type of action
involving exigent circumstances that compel immediate resort to
the courts.
``(d) If the district court finds that the requirements of
subsection (a) have not been met by the claimant, and such defect is
asserted by the defendant within 60 days after service of the summons
or complaint upon such defendant, the claim shall be dismissed without
prejudice and the costs of such action, including attorneys' fees,
shall be imposed upon the claimant. Whenever an action is dismissed
under this subsection, the claimant may refile such claim within 60
days after dismissal regardless of any statutory limitations period
if--
``(1) during the 60 days after dismissal, notice is
transmitted under subsection (a); and
``(2) the original action was timely filed in accordance
with subsection (b).''.
(b) Conforming Amendment.--The table of sections at the beginning
of chapter 23 of title 28, United States Code, is amended by adding at
the end the following:
``483. Prior notice of civil action.''.
SEC. 5. CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS ACT.
(a) Exhaustion of Administrative Remedies.--Section 7 of the Civil
Rights of Institutionalized Persons Act (42 U.S.C. 1997e) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In any action brought pursuant to section 1979 of the Revised
Statutes of the United States, by any adult convicted of a crime
confined in any jail, prison, or other correctional facility, the court
shall continue such case for a period not to exceed 180 days in order
to require exhaustion of such plain, speedy, and effective
administrative remedies as are available.''; and
(2) in subsection (b)--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively; and
(B) by inserting immediately after ``(b)'' the
following:
``(1) Upon the request of a State or local corrections agency, the
Attorney General of the United States shall provide the agency with
technical advice and assistance in establishing plain, speedy, and
effective administrative remedies for inmate grievances.''.
(b) Proceedings in Forma Pauperis.--Section 1915(d) of title 28,
United States Code, is amended to read as follows:
``(d) The court may request an attorney to represent any such
person unable to employ counsel and may dismiss the case if the
allegation of poverty is untrue, or if satisfied that the action fails
to state a claim upon which relief can be granted or is frivolous or
malicious.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on the date of the enactment of this Act.
SEC. 6. EXPERT WITNESSES.
(a) In General.--Chapter 119 of title 28, United States Code, is
amended by inserting after section 1828 the following new section:
``Sec. 1829. Multiple expert witnesses
``In any civil action filed in a district court, the court shall
not permit opinion evidence on the same issue from more than 1 expert
witness for each party, except upon a showing of good cause.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 119 of title 28, United States Code, is amended by inserting
after the item relating to section 1828 the following new section:
``1829. Multiple expert witnesses.''.
SEC. 7. SEVERABILITY.
If any provision of this Act or the amendments made by this Act or
the application of any provision or amendment to any person or
circumstance is held invalid, the remainder of this Act and such
amendments and the application of such provision and amendments to any
other person or circumstance shall not be affected by that
invalidation.
SEC. 8. EFFECTIVE DATE.
Except as expressly provided otherwise, this Act and the amendments
made by this Act shall become effective 90 days after the date of the
enactment of this Act. This Act shall not apply to any action or
proceeding commenced before such effective date.
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