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2008 SESSION

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SB 563 Civil cases; time limit for those held under advisement.

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

SUMMARY AS PASSED SENATE: (all summaries)

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.


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