Assembly Bill No. 40–Assemblyman Oceguera

 

Prefiled January 31, 2003

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Referred to Committee on Judiciary

 

SUMMARY—Extends period of limitations for commencing civil action after action has been dismissed under certain circumstances. (BDR 2‑769)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to civil practice; extending the period of limitations for commencing a civil action that has been dismissed on grounds other than on the merits; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 11 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  Notwithstanding any other provision of law, and except as

1-4  otherwise provided in this section, if an action that is commenced

1-5  within the applicable period of limitations is dismissed by a court

1-6  on any ground other than on the merits, the action may be

1-7  recommenced within:

1-8  (a) The applicable period of limitations; or

1-9  (b) Six months after the action is dismissed,

1-10  whichever is later.

1-11      2.  An action may be recommenced only one time pursuant to

1-12  paragraph (b) of subsection 1.

1-13      3.  Paragraph (b) of subsection 1 does not apply to a contract

1-14  that is subject to the provisions of chapter 104 of NRS.

 

 

2-1  Sec. 2.  This act applies to any action pending on October 1,

2-2  2003, or that is filed on or after October 1, 2003.

 

2-3  H