514.205. Frivolous suit, consequences of filing--limitations. - Missouri Statutes

Frivolous suit, consequences of filing--limitations.

514.205. 1. In any civil action or part of a civil actionpending before any division of any court of this state includingthe probate division of the circuit court, if the court findsafter a hearing for such purpose that the cause was initiated, ora defense was asserted, or a motion was filed, or any proceedingtherein was had frivolously and in bad faith, the court shallrequire the party who initiated such cause, asserted suchdefense, filed such motion, or caused such proceeding to be hadto pay the other party named in such action the amount of thecosts attributable thereto and the reasonable expenses incurredby the party opposing such cause, defense, motion, or proceeding,including reasonable attorney's fees and compensation of saidparty for the time reasonably required of the party to opposesuch cause, defense, motion or proceeding. Nothing in thissection shall be construed as creating any liability on the partof any attorney representing a party in the proceeding who ingood faith acted at the specific direction of his client ininitiating the case, asserting the defense, filing the motion, orcausing the proceeding to be had.

2. The provisions of this section shall not apply tospecific conduct occurring prior to September 28, 1985. Theprovisions of this section shall not apply to proceedings broughtin the nature of a civil action where a convicted person seeks ajudicial review of his conviction.

(L. 1985 S.B. 5, et al. § 2)