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NEW MEXICO STATUTES AND CODES

Section 44-9-8 - Award of attorney fees and costs to defendant.

44-9-8. Award of attorney fees and costs to defendant.

If the state does not proceed with the action and the qui tam plaintiff conducts the action, the court may award a defendant reasonable attorney fees and costs if the defendant prevails and the court finds the action clearly frivolous, clearly vexatious or brought primarily for the purpose of harassment.

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