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2004 SESSION

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HB 624 Trials; dismissal of action by nonsuit.

Introduced by: John M. O'Bannon, III | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Civil procedure; nonsuits. Provides that if notice to take a nonsuit of right is given to the opposing party within seven days of trial the court may assess against the nonsuiting party reasonable witness fees and travel costs of expert witnesses scheduled to appear at trial, which are incurred by the opposing party solely by reason of the failure to give notice at least seven days prior to trial. Under current law, the applicable timeframe is five days.

SUMMARY AS PASSED HOUSE:

Civil procedure; medical malpractice actions; nonsuits. Permits a court, in a medical malpractice case, to assess as costs against a party who gives notice of a nonsuit fewer than eight days before trial reasonable witness fees and travel costs of expert witnesses. If notice to suffer a nonsuit is given on or after the first day of trial, the court may assess against the nonsuiting party the reasonable costs incurred by the other party due to the late notice, including reasonable expert witness fees and travel, court reporter appearance fees, and fees for service of process incurred for witnesses at trial. Under current law, a court may assess only witness fees and travel costs for expert witnesses if a party gives notice of the nonsuit within five days of trial. This bill affects only those nonsuit provisions for actions maintained under the medical malpractice statute (Chapter 21.1 (§ 8.01-581.1 et seq.) of Title 8.01).

SUMMARY AS INTRODUCED:

Civil procedure; medical malpractice actions; nonsuits. Requires a court, in a medical malpractice case, to assess a wide range of costs against a party who gives notice of a nonsuit fewer than 14 days before trial. Under current law, a court may assess only witness fees and travel costs for expert witnesses if a party gives notice of the nonsuit within five days of trial. This bill does not affect the nonsuit provisions for civil actions other than those maintained under the medical malpractice statute (Chapter 21.1 (§ 8.01-581.1 et seq.) of Title 8.01).