SB 1113: Can I get a witness?

Expert witnesses are essential to the successful prosecution of many environmental protection cases, and since 1977 the courts have routinely allowed the prevailing party in such lawsuits to recover the cost of expert witnesses as well as attorneys’ fees and related costs. That was until last year, when a lower court claimed that expert witness cost recovery was not allowed by law. SB 1113 (Migden) would have explicitly allowed a court to award attorney's fees and other costs, including expert witness fees, to a successful party in any action that has resulted in the enforcement of an important right affecting the public interest, including environmental protection.