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2013 SESSION
HB 1708 Summary judgment; use of depositions as basis for motion or to strike evidence.
Introduced by: Gregory D. Habeeb | all patrons ... notes | add to my profiles | history
SUMMARY AS PASSED HOUSE:
Civil remedies; use of depositions. Allows that requests for admission for which the responses are submitted in support of a motion for summary judgment may be based, in whole or in part, upon discovery depositions and may include admitted facts learned or referenced in such a deposition, provided that any such request for admission shall not reference the deposition or require the party to admit that the deponent gave specific testimony. The bill also allows that a motion for summary judgment seeking dismissal of any claim or demand for punitive damages, except in cases involving driving under the influence, may be sustained when based, in whole or in part, upon discovery depositions. This bill incorporates HB 1374.
SUMMARY AS INTRODUCED:
Civil remedies; use of depositions. Allows for motions for summary judgment to be based, in whole or in part, upon pleadings, depositions, answers to interrogatories, admissions on file, or affidavits. Currently, such motions cannot be based on depositions unless agreed to by the parties.