Sec. 2. In addition to any other compensation awarded in a civil action involving an agency as a party, the court having jurisdiction in the case may enter an order against the agency for the payment of the reasonable fees and other expenses of a party, if the court finds that:

(1) the party files a written notice of the party’s intent to seek reimbursement under this chapter (or IC 34-2-36 before its repeal) not later than thirty (30) days after the party files any pleading or other paper with the court;

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Terms Used In Indiana Code 34-52-2-2

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
(2) the party obtained final judgment in its favor;

(3) the party has obtained substantive relief that makes it probable that the party will prevail on the merits after remand of the case to the agency, if remand is necessary;

(4) the party is:

(A) a commercial or business entity (including a sole proprietorship or a partnership) with fewer than fifty (50) employees at the time of the:

(i) civil action; or

(ii) the agency action (as defined in IC 4-21.5-1-4) giving rise to the civil action;

but is not a subsidiary or affiliate of another entity that does not qualify as a small business under this clause; or

(B) an organization exempt from federal income taxation under Section 501 of the Internal Revenue Code;

(5) to the extent that the fees and other expenses of the party are for attorney‘s fees or expert witness fees, the fees are based upon the number of actual hours of service performed multiplied by a reasonable fee for the service rendered not to exceed seventy-five dollars ($75) per hour;

(6) the party filed a claim not later than thirty (30) days after a final judgment was rendered; and

(7) section 3 of this chapter does not apply.

[Pre-1998 Recodification Citation: 34-2-36-5.]

As added by P.L.1-1998, SEC.48.

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