{"data":{"id":"us-ky/krs-453.260","jurisdiction":"us-ky","citation":"KRS 453.260","heading":"Additional costs in certain civil actions -- Causes for denial of additional","body":"costs -- Award of attorney fees and other expenses -- Computation of fees of\nattorneys and expert witnesses -- Exceptions to application of provisions.\n(1) In addition to any  costs which are awarded as prescribed by statute, a court shall\naward costs to any party which prevails by a final adjudication on the merits in any\nof the following:\n(a) A civil action brought by the Commonwealth against the party; and\n(b) A civil action  brought by the party against the Commonwealth to challenge\nthe assessment or collection of taxes.\n(2) The court in its discretion may deny the award provided for in this section, or may\nreduce the award, if it finds that:\n(a) During the course of the proc eeding the prevailing party unduly and\nunreasonably protracted the final resolution of the matter;\n(b) The reason that the party other than the Commonwealth has prevailed is an\nintervening change in the applicable statutes, regulations, or case law;\n(c) The prevailing party refused an offer of civil settlement which was at least as\nfavorable to the party as the relief ultimately granted; or\n(d) The position of the Commonwealth was substantially justified or a special\ncircumstance would make an award unjust provided, however, that the burden\nof proof of substantial justification or special circumstance shall rest with the\nCommonwealth.\n(3) A party may apply pursuant to the applicable Rules of Civil Procedure for an award\nof attorney fees and other expenses au thorized under this section and shall include\nas part of the application evidence of the party's eligibility for the award and the\namount sought, including an itemized and attested statement from the attorneys and\nexperts stating the actual time expended i n representing the party and the rate at\nwhich the fees were computed. The party shall also allege in such application that\nthe Commonwealth acted without substantial justification.\n(4) The court shall base any award of fees as provided in this section on prevailing\nmarket rates for the kind and quality of services furnished, except that:\n(a) An expert is not eligible for compensation at a rate in excess of the prevailing\nrate of compensation for similar experts paid by the Commonwealth;\n(b) The award of at torney fees may not exceed the amount which the prevailing\nparty has paid or has agreed to pay the attorney or a maximum amount of forty\ndollars ($40) per hour unless the court determines that an increase in the cost\nof living or a special factor, such as the limited availability of qualified\nattorneys for the proceeding involved, justifies a higher fee;\n(c) No award shall be greater than ten thousand dollars ($10,000) to each party,\nexcept that no award shall be made to any party who voluntarily intervenes  in\nany such action.\n(5) This section does not:\n(a) Apply to an action arising from a proceeding before the Commonwealth in\nwhich the role of the Commonwealth was to determine the eligibility or\nentitlement of an individual to a monetary b enefit or its equivalent, or to\nadjudicate a dispute or issue between private parties or to establish or fix a\nrate. As used in this subsection, monetary benefit or its equivalent shall not\ninclude a license, permit, charter, or similar instrument that the\nCommonwealth may require to engage in a business, profession, or similar\nactivity;\n(b) Apply to proceedings brought by the Commonwealth pursuant to KRS\nChapters 218A, 431 to 439, and 500 to 534;\n(c) Apply to proceedings involving eminent domain, foreclosu re, collection of\njudgment debts, or proceedings in which the Commonwealth is a nominal\nparty;\n(d) Personally obligate any officer or employee of the Commonwealth for the\npayment of an award entered under this section; and\n(e) Apply to proceedings brought pursuant to KRS Chapters 209, 342, and 625.","path":["KRS Chapter 453"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=19570","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:58Z","sha256":"304158b931b242fb748043c9c3e05f9eead58847c33138dc7bdacb1b88f11787","source_id":"us-ky","stale":false,"prev":"us-ky/krs-453.255","next":"us-ky/krs-453.265"},"notice":"GroundRules: Original legal text. Not legal advice."}