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2007 SESSION

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HB 2521 Failure to serve process; court may dismiss action if process has not been served within one year.

Introduced by: Sal R. Iaquinto | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Discontinuance for failure to serve process.  Provides that a court may order that an action be discontinued if process has not been served within one year. The clerk of the court shall give notice to the plaintiff 30 days before ordering the discontinuance to provide him an opportunity to show that service was timely effected or that due diligence was exercised to have service timely effected. If such a showing is made, the case will remain on the court's docket. This bill shall not apply to asbestos litigation.

SUMMARY AS PASSED HOUSE:

Dismissal for failure to serve process.  Provides that a court may dismiss an action if process has not been served within one year. The court may give notice to the plaintiff 30 days before ordering the dismissal to provide him an opportunity to show that service was timely effected or that due diligence was exercised to have service timely effected. If such a showing is made, the case will remain on the court's docket. This bill shall not apply to asbestos litigation.

SUMMARY AS INTRODUCED:

Writ to recover property; posting on door. Allows the sheriff, in cases of unlawful entry and detainer and of ejectment, to post a copy of a writ of judgment to recover specific property on a party's door to effectuate service of process.