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 because the court lacked jurisdiction over the subject matter of the action under certain circumstances; 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 because the

1-6  court lacked jurisdiction over the subject matter of the action, the

1-7  action may be recommenced in the court having jurisdiction

1-8  within:

1-9  (a) The applicable period of limitations; or

1-10      (b) Thirty days after the action is dismissed,

1-11  whichever is later.

1-12      2.  An action may be recommenced only one time pursuant to

1-13  paragraph (b) of subsection 1.

1-14      3.  An action may not be recommenced pursuant to paragraph

1-15  (b) of subsection 1 more than 5 years after the date on which the

1-16  original action was commenced.

2-1  4.  Paragraph (b) of subsection 1 does not apply to a contract

2-2  that is subject to the provisions of chapter 104 of NRS.

2-3  5.  If an action is recommenced pursuant to paragraph (b) of

2-4  subsection 1, any applicable findings of fact or conclusions of law

2-5  entered by the court that dismissed the action shall be deemed

2-6  binding in the action that is recommenced.

2-7  Sec. 2.  This act applies to any action pending on October 1,

2-8  2003, or that is filed on or after October 1, 2003.

 

2-9  H