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2008 SESSION
SB 563 Civil cases; time limit for those held under advisement.
Introduced by: Mark D. Obenshain | all patrons ... notes | add to my profiles | history
SUMMARY AS PASSED SENATE:
Cases held under advisement; time limit. Provides that whenever a judge of a circuit court holds a civil case under advisement for more than 90 days after final submission of the case, the court shall report, in writing, to the parties or their counsel an expected time of a decision. If such a judge (i) holds a civil case under advisement for more than 90 days, (ii) fails to make the required written report, or (iii) fails to render a decision within the expected time stated in the report, any party may notify the Chief Justice of the Supreme Court. Whenever the Chief Justice, or any justice designated by him, has reasonable cause to believe that any judge of a court of record may be holding a civil case under advisement for an unreasonable length of time, he shall inquire into the cause of the delay and shall, if necessary, designate a judge or retired judge of a court of record to assist the regular judge in the performance of his duties. As introduced, this bill was a recommendation of the Boyd-Graves Conference.
SUMMARY AS INTRODUCED:
Cases held under advisement; time limit. Provides that whenever a judge of a circuit court holds a civil case under advisement for more than 90 days after final submission of the case, the court shall report, in writing, to the parties or their counsel an expected time of a decision. If such a judge (i) holds a civil case under advisement for more than 90 days, (ii) fails to make the required written report, or (iii) fails to render a decision within the expected time stated in the report, any party may notify the Chief Justice of the Supreme Court. The Chief Justice, or any justice designated by him, shall then inquire into the cause of the delay and may designate a judge or retired judge of a court of record or take other appropriate action to assist the regular judge in the performance of his duties. Current law only provides that the Chief Justice, or any justice designated by him, shall inquire into the cause of a delay if a civil case has been held under advisement for an unreasonable length of time. This bill is a recommendation of the Boyd-Graves Conference.