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2007 SESSION

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SB 911 Nonsuits; notice required, dismissal of actions thereby.

Introduced by: Mark D. Obenshain | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED SENATE:

Nonsuits; notice required. Provides that in addition to the first nonsuit that may be taken as a matter of right, the court may allow additional nonsuits in a cause of action upon reasonable notice to counsel of record for all defendants and upon a reasonable attempt to notify any unrepresented party. Currently, there is no requirement that such notice be provided if a court chooses to allow additional nonsuits. The bill also provides that, when suffering a nonsuit, the party shall inform the court if the cause of action has been previously nonsuited. A court order allowing an additional nonsuit shall indicate the number and dates of any previous nonsuits as well as the court in which any previous nonsuit was taken. As introduced, this was a recommendation of the Boyd-Graves Conference. This bill is identical to HB 1735.

SUMMARY AS INTRODUCED:

Nonsuits; notice required.  Requires reasonable notice for counsel of record and a reasonable attempt to notify parties not represented by counsel of any nonsuit in a matter after the first nonsuit. This is a recommendation of the Boyd-Graves Conference.