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2002 SESSION

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SB 17 Service of process; remedies.

Introduced by: Charles J. Colgan | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Remedies; service of process. Provides that failure to make return of service of process within the required timeframe of 72 hours does not invalidate any service of process or any judgment based thereon. The bill also provides that in the event a late return prejudices a party or interferes with the court's administration of a case, the court may, in its discretion, continue the case, require additional or substitute service of process, or take such other action or enter such order as the court deems appropriate under the circumstances.

SUMMARY AS PASSED SENATE:

Remedies; service of process. Provides that failure to make return of service of process within the required time-frame of 72 hours does not invalidate any service of process or any judgment based thereon. The bill also provides that in the event a late return prejudices a party or interferes with the court's administration of a case, the court may, in its discretion, continue the case, require additional or substitute service of process, or take such other action or enter such order as the court deems appropriate under the circumstances.

SUMMARY AS INTRODUCED:

Remedies; service of process. Changes from 72 hours to five days the time in which the return of process papers is required. The proposal provides that failure to make return of service of process within the five days shall not invalidate any service of process or any judgment based thereon. Further, it provides that in the event a late return prejudices a defendant or interferes with the court's administration of a case, the court may, in its discretion, continue the case, require additional or substitute service of process, or take such other action or enter such order as the court deems appropriate under the circumstances.