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2010 SESSION

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HB 1193 Fiduciaries; actions or suits involving.

Introduced by: H. Morgan Griffith | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Actions or suits involving fiduciaries; style of the case; amendment of pleading.  Provides that in any action or suit required to be prosecuted or defended by or in the name of a fiduciary, the style of the case in regard to the fiduciary must be substantially in the following form: "(Name of fiduciary), (type of fiduciary relationship), (Name of the subject of the fiduciary relationship)." Pleadings that are not in the proper form shall be amended on the motion of any party or on the court's own motion, and such amendment relates back to the date of the original pleading. The provisions of the bill apply to any action or suit pending as of the effective date of the bill.

SUMMARY AS INTRODUCED:

Actions or suits involving fiduciaries; style of the case; amendment of pleading.  Provides that in any action or suit required to be prosecuted or defended by or in the name of a fiduciary, the style of the case in regard to the fiduciary must be substantially in the following form: "(Name of the subject of the fiduciary relationship) through (Name of fiduciary), (type of fiduciary relationship)." Failure to comply with this form does not affect the validity of any judgment or pleading, and pleadings that are not in the proper form shall be amended on the motion of any party or on the court's own motion. The provisions of the bill apply to any action or suit pending as of the effective date of the bill.