II
104TH CONGRESS
1ST SESSION
H. R. 988
IN THE SENATE OF THE UNITED STATES
MARCH 9 (legislative day, MARCH 6), 1995
Received
MARCH 10 (legislative day, MARCH 6), 1995
Read the first time
AN ACT
To reform the Federal civil justice system.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Attorney Accountabil-
ity Act of 1995’’.
SEC. 2. AWARD OF COSTS AND ATTORNEY’S FEES IN FED-
ERAL CIVIL DIVERSITY LITIGATION AFTER
AN OFFER OF SETTLEMENT.
Section 1332 of title 28, United States Code, is
amended by adding at the end the following:
‘‘(e)(1) In any action over which the court has juris-
diction under this section, any party may, at any time not
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less than 10 days before trial, serve upon any adverse
party a written offer to settle a claim or claims for money
or property or to the effect specified in the offer, including
a motion to dismiss all claims, and to enter into a stipula-
tion dismissing the claim or claims or allowing judgment
to be entered according to the terms of the offer. Any such
offer, together with proof of service thereof, shall be filed
with the clerk of the court.
‘‘(2) If the party receiving an offer under paragraph
(1) serves written notice on the offeror that the offer is
accepted, either party may then file with the clerk of the
court the notice of acceptance, together with proof of serv-
ice thereof.
‘‘(3) The fact that an offer under paragraph (1) is
made but not accepted does not preclude a subsequent
offer under paragraph (1). Evidence of an offer is not ad-
missible for any purpose except in proceedings to enforce
a settlement, or to determine costs and expenses under
this subsection.
‘‘(4) At any time before judgment is entered, the
court, upon its own motion or upon the motion of any
party, may exempt from this subsection any claim that
the court finds presents a question of law or fact that is
novel and important and that substantially affects
nonparties. If a claim is exempted from this subsection,
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all offers made by any party under paragraph (1) with
respect to that claim shall be void and have no effect.
‘‘(5) If all offers made by a party under paragraph
(1) with respect to a claim or claims, including any motion
to dismiss all claims, are not accepted and the judgment,
verdict, or order finally issued (exclusive of costs, ex-
penses, and attorneys’ fees incurred after judgment or
trial) in the action under this section is not more favorable
to the offeree with respect to the claim or claims than the
last such offer, the offeror may file with the court, within
10 days after the final judgment, verdict, or order is is-
sued, a petition for payment of costs and expenses, includ-
ing attorneys’ fees, incurred with respect to the claim or
claims from the date the last such offer was made or, if
the offeree made an offer under this subsection, from the
date the last such offer by the offeree was made.
‘‘(6) If the court finds, pursuant to a petition filed
under paragraph (5) with respect to a claim or claims,
that the judgment, verdict, or order finally obtained is not
more favorable to the offeree with respect to the claim or
claims than the last offer, the court shall order the offeree
to pay the offeror’s costs and expenses, including attor-
neys’ fees, incurred with respect to the claim or claims
from the date the last offer was made or, if the offeree
made an offer under this subsection, from the date the
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last such offer by the offeree was made, unless the court
finds that requiring the payment of such costs and ex-
penses would be manifestly unjust.
‘‘(7) Attorney’s fees under paragraph (6) shall be a
reasonable attorney’s fee attributable to the claim or
claims involved, calculated on the basis of an hourly rate
which may not exceed that which the court considers ac-
ceptable in the community in which the attorney practices
law, taking into account the attorney’s qualifications and
experience and the complexity of the case, except that the
attorney’s fees under paragraph (6) may not exceed—
‘‘(A) the actual cost incurred by the offeree for
an attorney’s fee payable to an attorney for services
in connection with the claim or claims; or
‘‘(B) if no such cost was incurred by the offeree
due to a contingency fee agreement, a reasonable
cost that would have been incurred by the offeree for
an attorney’s noncontingent fee payable to an attor-
ney for services in connection with the claim or
claims.
‘‘(8) This subsection does not apply to any claim
seeking an equitable remedy.’’.
SEC. 3. HONESTY IN EVIDENCE.
Rule 702 of the Federal Rules of Evidence (28 U.S.C.
App.) is amended—
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(1) by inserting ‘‘(a) In general.—’’ before
‘‘If ’’, and
(2) by adding at the end the following:
‘‘(b) Adequate basis for opinion.—Testimony in the
form of an opinion by a witness that is based on scientific
knowledge shall be inadmissible in evidence unless the
court determines that such opinion—
‘‘(1) is scientifically valid and reliable;
‘‘(2) has a valid scientific connection to the fact
it is offered to prove; and
‘‘(3) is sufficiently reliable so that the probative
value of such evidence outweighs the dangers speci-
fied in rule 403.
‘‘(c) Disqualification.—Testimony by a witness who
is qualified as described in subdivision (a) is inadmissible
in evidence if the witness is entitled to receive any com-
pensation contingent on the legal disposition of any claim
with respect to which the testimony is offered.
‘‘(d) Scope.—Subdivision (b) does not apply to crimi-
nal proceedings.’’.
SEC. 4. ATTORNEY ACCOUNTABILITY.
(a) SANCTIONS.—Rule 11(c) of the Federal Rules of
Civil Procedure (28 U.S.C. App.) is amended—
(1) in the matter preceding paragraph (1) by
striking ‘‘may’’ and inserting ‘‘shall’’;
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(2) in paragraph (1)(A)—
(A) in the second sentence by striking ‘‘,
but shall’’ and all that follows through ‘‘cor-
rected’’; and
(B) in the third sentence by striking
‘‘may’’ and inserting ‘‘shall’’; and
(3) in paragraph (2) by striking ‘‘A sanction
imposed’’ and all that follows through ‘‘violation.’’
and inserting the following: ‘‘A sanction imposed for
a violation of this rule shall be sufficient to deter
repetition of such conduct or comparable conduct by
others similarly situated, and to compensate the par-
ties that were injured by such conduct. Subject to
the limitations in subparagraphs (A) and (B), the
sanction may consist of an order to pay to the other
party or parties the amount of the reasonable ex-
penses incurred as a direct result of the filing of the
pleading, motion, or other paper that is the subject
of the violation, including a reasonable attorney’s
fee.’’.
(b) APPLICABILITY TO DISCOVERY.—Rule 11 of the
Federal Rules of Civil Procedure is amended by striking
subdivision (d).
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SEC. 5. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) EFFECTIVE DATE.—Subject to subsection (b),
this Act and the amendments made by this Act shall take
effect on the first day of the first month beginning more
than 180 days after the date of the enactment of this Act.
(b) APPLICATION OF AMENDMENTS.—
(1) The amendment made by section 2 shall
apply only with respect to civil actions commenced
after the effective date of this Act.
(2) The amendments made by section 3 shall
apply only with respect to cases in which a trial be-
gins after the effective date of this Act.
Passed the House of Representatives March 7,
1995.
Attest:
ROBIN H. CARLE,
Clerk.