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2013 SESSION
HB 1570 Nonsuits; dismissal of action, fees and costs.
Introduced by: J. Randall Minchew | all patrons ... notes | add to my profiles
SUMMARY AS INTRODUCED:
Dismissal of action by nonsuit; fees and costs. Clarifies that if notice to take a nonsuit is given to the opposing party during trial, the court may assess against the nonsuiting party reasonable witness fees and travel costs of expert witnesses scheduled to appear at trial, which are actually incurred by the opposing party, solely by reason of the failure of the nonsuiting party to give notice at least seven days prior to trial. The bill also provides that invoices, receipts, or confirmation of payment shall be admissible to prove reasonableness of such expert witness costs and may, in the court's discretion, satisfy the reasonableness requirement, without the need for further testimony. This bill was incorporated into HB 1709.
FULL TEXT
HISTORY
- 01/04/13 House: Prefiled and ordered printed; offered 01/09/13 13102102D
- 01/04/13 House: Referred to Committee for Courts of Justice
- 01/11/13 House: Assigned Courts sub: #2 Civil
- 01/23/13 House: Subcommittee recommends incorporating (HB1709-Habeeb) (8-Y 0-N)
- 01/28/13 House: Incorporated by Courts of Justice (HB1709-Habeeb) by voice vote