Equal Access to Justice Act

Summary

Equal Access to Justice Act - Entitles a prevailing party (other than the United States) to be awarded fees and other expenses, including attorney fees, which were incurred by such party in: (1) an administrative adjudication, or (2) in any civil action (other than a tort or tax action) brought by or against the United States, unless the agency conducting such adjudication, or the court having jurisdiction of such action, finds that the position of the agency or the United States was substantially justified or that special circumstances make an award unjust. Authorizes a party dissatisfied with such award in an administrative adjudication to petition for leave to appeal the decision in an appropriate Federal court. Authorizes a court to award reasonable attorney fees to the prevailing party in any civil action brought by or against the United States, where the court may award such fees in such suits involving private parties (thus applying to Government litigation the common law exceptions to the "American rule" regarding attorney fee awards). Directs the Administrative Conference of the United States and the Administrative Office of the United States Courts to report annually on the amount of fees and expenses awarded during the preceding fiscal year in such agency adjudications and civil actions.

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Documents

4 official files

• Reported to House with amendment(s)

  summary · EN · 26 September 1980

  Open at official source

• Passed Senate amended

  summary · EN · 31 July 1979

  Open at official source

• Reported to Senate with amendment(s)

  summary · EN · 20 July 1979

  Open at official source

• Introduced in Senate

  summary · EN · 31 January 1979

  Open at official source

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