§ 25-824.01.Frivolous actions; attorney's fees; costs; determination of amount.

A finding of frivolousness under section 25-824 does not fix the dollar amount of the fee award — section 25-824.01 governs that separate question. The court exercises sound discretion in setting the amount, and when it grants an award, it must specifically set forth the reasons for the award instead of announcing a bare number.

The section lists ten factors the court considers, though the list is not exhaustive. Several look backward at how the case was litigated: what effort went into checking a claim or defense before it was asserted, what effort went into narrowing or dismissing weak claims or defenses after the case began, and how available the facts were to help a party judge a claim’s validity. Others weigh the parties against each other: their relative financial positions, whether the case was prosecuted or defended in bad faith, and whether genuine factual disputes existed. The remaining factors look at outcomes and diligence — how much of the claimed relief the prevailing party won, how an offer of judgment or settlement compared to what the court ultimately awarded, and what effort was made to identify the proper parties and to reduce their number as the case progressed.

Together, these factors let a court calibrate a fee award to the degree of fault and the practical realities of the litigation, rather than applying an automatic penalty every time a claim or defense is found frivolous.