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1996 SESSION

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HB 1418 Amendment of pleadings; relation back.

Introduced by: William C. Mims | all patrons    ...    notes | add to my profiles

SUMMARY:

Amendment of pleadings; relation back. Provides that, for purposes of applying the statute of limitations, an amendment to a pleading changing a claim or defense against a party relates back to the date of the original pleading so long as the court finds that there will be no substantial prejudice; the claim or defense arose out of the conduct, transaction or occurrence that is the subject of the original pleading; and the party asserting the new claim or defense was reasonably diligent in asserting it. The court is authorized to grant a continuance or other relief if necessary to protect other parties. Condemnation and mechanics liens are specifically exluded.


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