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2004 SESSION

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HB 896 Trials; dismissal of action by nonsuit.

Introduced by: Robert B. Bell | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Civil procedure; nonsuits. Shortens the time frame within which a party may suffer a nonsuit by requiring that it be suffered more than 21 days before trial. If the plaintiff suffers a nonsuit fewer than 21 days before trial, the court shall dismiss the case with prejudice unless the plaintiff shows good cause for the late notice or agrees to pay the defendant's costs of preparing for trial, to a limit of $1,000 in general district court and $25,000 in circuit court. The court determines the reasonableness of the defendant's costs, which may include expert witness fees; court reporter appearance fees; fees for transcripts; travel expenses for attorneys, and fact and expert witnesses; fees for service of process; filing fees; and cancellation fees charged by expert witnesses. 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.


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