Suits by state — Payment of costs and fees in frivolous civil actions

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  1. (a) The defendant in any civil action brought in any court of this state by any state agency, board, or commission shall be entitled to recover from the state entity the court costs, witness fees, and reasonable attorneys' fees if the court determines that the action was brought without reasonable basis or was frivolous.

  2. (b) The recovery of court costs, witness fees, and attorney' fees shall be limited to an aggregate total of ten thousand dollars ($10,000).

  3. (c) The court costs, witness fees, and attorneys' fees shall be paid from maintenance and operation funds of the state agency, board, or commission.

  4. (d) This section shall apply to all civil actions commenced after June 28, 1985.


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