Chapter 45.--PUBLIC RECORDS, DOCUMENTS AND INFORMATION
Article 2.--RECORDS OPEN TO PUBLIC
45-222.Civil remedies to enforce act;attorney fees.(a) The district court of any county in which public records are located shallhave jurisdiction to enforce the purposes of this act with respect to suchrecords, by injunction, mandamus or other appropriate order, in an actionbrought by any person, the attorney general or a county or district attorney.
(b) In any action hereunder, the court shall determine the matter denovo. The court on its own motion, or on motion of either party, may viewthe records in controversy in camera before reaching a decision.
(c) In any action hereunder, the court shall award costs and a reasonablesum as an attorney's fee for services rendered in such action, includingproceedings on appeal, to be recovered and collected as part of the costs tothe plaintiff if the court finds that the agency's denial of access to thepublic record was not in good faith and without a reasonable basis in fact orlaw. The award shall be assessed against the public agency that the courtdetermines to be responsible for the violation.
(d) In any action hereunder in which the defendant is the prevailing party,the court shall award to the defendant costs and a reasonable sum as anattorney's fee for services rendered in such action, including proceedings onappeal, to be recovered and collected as part of the costs if the court findsthat the plaintiff maintained the action not in good faith and without areasonable basis in fact or law.
(e) Except as otherwise provided by law, proceedings arisingunder this section shall be assigned for hearing and trial at theearliest practicable date.
(f) The provisions of subsections (c) and (d) concerning the awarding ofcosts and attorney fees for services rendered during an appeal shall applyonly to actions which are based on causes of action accruing on or afterJuly 1, 2004.
Chapter 45.--PUBLIC RECORDS, DOCUMENTS AND INFORMATION
Article 2.--RECORDS OPEN TO PUBLIC
45-222.Civil remedies to enforce act;attorney fees.(a) The district court of any county in which public records are located shallhave jurisdiction to enforce the purposes of this act with respect to suchrecords, by injunction, mandamus or other appropriate order, in an actionbrought by any person, the attorney general or a county or district attorney.
(b) In any action hereunder, the court shall determine the matter denovo. The court on its own motion, or on motion of either party, may viewthe records in controversy in camera before reaching a decision.
(c) In any action hereunder, the court shall award costs and a reasonablesum as an attorney's fee for services rendered in such action, includingproceedings on appeal, to be recovered and collected as part of the costs tothe plaintiff if the court finds that the agency's denial of access to thepublic record was not in good faith and without a reasonable basis in fact orlaw. The award shall be assessed against the public agency that the courtdetermines to be responsible for the violation.
(d) In any action hereunder in which the defendant is the prevailing party,the court shall award to the defendant costs and a reasonable sum as anattorney's fee for services rendered in such action, including proceedings onappeal, to be recovered and collected as part of the costs if the court findsthat the plaintiff maintained the action not in good faith and without areasonable basis in fact or law.
(e) Except as otherwise provided by law, proceedings arisingunder this section shall be assigned for hearing and trial at theearliest practicable date.
(f) The provisions of subsections (c) and (d) concerning the awarding ofcosts and attorney fees for services rendered during an appeal shall applyonly to actions which are based on causes of action accruing on or afterJuly 1, 2004.
Chapter 45.--PUBLIC RECORDS, DOCUMENTS AND INFORMATION
Article 2.--RECORDS OPEN TO PUBLIC
45-222.Civil remedies to enforce act;attorney fees.(a) The district court of any county in which public records are located shallhave jurisdiction to enforce the purposes of this act with respect to suchrecords, by injunction, mandamus or other appropriate order, in an actionbrought by any person, the attorney general or a county or district attorney.
(b) In any action hereunder, the court shall determine the matter denovo. The court on its own motion, or on motion of either party, may viewthe records in controversy in camera before reaching a decision.
(c) In any action hereunder, the court shall award costs and a reasonablesum as an attorney's fee for services rendered in such action, includingproceedings on appeal, to be recovered and collected as part of the costs tothe plaintiff if the court finds that the agency's denial of access to thepublic record was not in good faith and without a reasonable basis in fact orlaw. The award shall be assessed against the public agency that the courtdetermines to be responsible for the violation.
(d) In any action hereunder in which the defendant is the prevailing party,the court shall award to the defendant costs and a reasonable sum as anattorney's fee for services rendered in such action, including proceedings onappeal, to be recovered and collected as part of the costs if the court findsthat the plaintiff maintained the action not in good faith and without areasonable basis in fact or law.
(e) Except as otherwise provided by law, proceedings arisingunder this section shall be assigned for hearing and trial at theearliest practicable date.
(f) The provisions of subsections (c) and (d) concerning the awarding ofcosts and attorney fees for services rendered during an appeal shall applyonly to actions which are based on causes of action accruing on or afterJuly 1, 2004.
