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2016 SESSION

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HB 446 Civil judgment procedure; damages, witnesses, failure of defendants to appear.

Introduced by: G. Manoli Loupassi | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Establishment of damages for unlawful entry or unlawful detainer; exclusion of witnesses. Increases from 90 days to 120 days the time during which a plaintiff for whom a verdict or judgment and grant of possession is entered on an unlawful entry or detainer claim may continue the case to establish final rent and damages. The bill adds managing agents in unlawful detainer claims brought in general district court to the list of individuals exempt from being excluded as a witness in a civil case.

SUMMARY AS PASSED HOUSE:

Civil judgment procedure; damages, witnesses, failure of defendants to appear. The bill increases from 90 days to 120 days the time during which a plaintiff for whom a verdict or judgment and grant of possession is entered on an unlawful detainer or forcible or unlawful possession claim may continue the case to establish final rent and damages. The bill adds managing agents in unlawful detainer claims brought in general district court to the list of individuals exempt from being excluded as a witness in a civil case. The bill removes references to actions for unlawful detainer in the statutory provisions for a plaintiff's entitlement to judgment on an affidavit.

SUMMARY AS INTRODUCED:

Civil judgment procedure; damages, witnesses, failure of defendants to appear. Allows a plaintiff to obtain judgment in an action upon note or contract without further evidence where the plaintiff submits an affidavit and statement of account, provided that the defendant does not appear and plead under oath or file with the court, before the return date, an affidavit or responsive pleading denying that the plaintiff is entitled to recover from the defendant on the claim. The bill further allows a plaintiff to amend the amount requested in the affidavit and statement of account in such a situation and increases from 90 days to 120 days the time during which a plaintiff for whom a verdict or judgment and grant of possession is entered on an unlawful detainer or forcible or unlawful possession claim may continue the case to establish final rent and damages. The bill adds managing agents in unlawful detainer claims brought in general district court to the list of individuals exempt from being excluded as a witness in a civil case. The bill removes the requirement that the proof of notice be attached to a warrant or motion in certain sworn claims brought in a court not of record.