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2004 SESSION

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HB 705 Pleadings; notice to agent on amendment.

Introduced by: Riley E. Ingram | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED HOUSE: (all summaries)

Relation back; addition of agent. Authorizes amending a pleading to change the party against whom a claim is asserted so long as either the party or his agent had notice of the institution of the action within the limitations period. Under current law, amendments are permitted only where the party had notice of the institution of the action. Current law authorizing amendments to pleadings based on confusion in trade names contains the "agent" reference in that statute's requirements for actual notice of a claim. This bill is identical to SB 118.


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