Kentucky HB363 amends court cost provisions to allow recovery of litigation expenses for motions filed in bad faith.
Kentucky HB363 modifies the Kentucky Revised Statutes to allow for the recovery of reasonable litigation expenses for motions filed in bad faith. If a party prevails on a motion and the court determines the opposing party's pleading was filed in bad faith, the prevailing party may recover their litigation costs. This applies to various pleadings, including complaints, counterclaims, and crossclaims. The bill defines "filed in bad faith" as presenting a pleading for improper purposes, such as to harass or cause unnecessary delay.
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