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AR HB2231

Bill

Status

Introduced

3/12/2013

Primary Sponsor

Andy Davis

Click for details

Origin

House of Representatives

89th General Assembly (2013 Regular)

AI Summary

  • Requires claimants or their attorneys to file a written certification statement with any civil action claim against a licensed engineer stating whether expert opinion testimony is necessary to prove the engineer's standard of care or liability.

  • Mandates that if expert testimony is certified as necessary, claimants must serve a preliminary expert opinion affidavit with initial disclosures, containing the expert's qualifications, factual basis for claims, engineer's alleged violations of standard of care, and how those violations caused damages.

  • Allows claimants to submit affidavits from multiple experts and permits defendants to motion the court to require expert affidavits if they dispute a certification that expert testimony is not needed.

  • Requires courts to dismiss claims without prejudice if claimants fail to file and serve required preliminary expert opinion affidavits after certification or court order.

  • Permits courts to extend compliance timelines upon application with good cause or party stipulation, and allows claimants to supplement claims with additional evidence or expert opinions timely disclosed under civil procedure rules or court order.

Legislative Description

To Require The Contemporaneous Filing Of A Certificate Of Merit As A Condition Of Filing Any Action For Damages Alleging Professional Negligence By A Licensed Or Registered Engineer.

Last Action

Recommended for study in the Interim by Joint Interim Committee on JUDICIARY COMMITTEE- HOUSE

4/11/2013

Committee Referrals

Judiciary3/12/2013

Full Bill Text

No bill text available