If the state or political subdivision 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.
§ 44-9-8 NMSA 1978
Award of attorney fees and costs to defendant
Known as the Fraud Against Taxpayers Act
The act spans §§ 44–44 (14 sections).
Laws 2007, ch. 40, § 8; 2015, ch. 128, § 7.
Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.