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OK HB2946

Bill

Status

Passed

4/21/2010

Primary Sponsor

Fred Jordan

Click for details

Origin

House of Representatives

2010 Regular Session

AI Summary

  • Requires plaintiffs to notify defendants in writing at least 120 days before filing a civil action based on construction-related accessibility claims, specifying alleged violations.

  • Mandates plaintiffs attach to the petition a copy of the written notice and certified mail return receipt proving the defendant received notification.

  • Court shall dismiss the action without prejudice if filed without required documentation or less than 120 days after notice was sent.

  • If defendant corrects the alleged defect before petition filing, court must dismiss the action and award defendant court costs, reasonable attorney fees, and sanctions if action is determined frivolous.

  • Court may grant reasonable extension of time for defendant to complete corrections based on construction complexity; action shall be dismissed if corrections are completed within the extended period.

Legislative Description

Civil procedure; providing procedure and requirements for commencement of certain civil actions. Effective date.

Civil and Criminal Procedure and Courts

Last Action

Approved by Governor 04/20/2010

4/21/2010

Committee Referrals

Judiciary2/2/2010

Full Bill Text

No bill text available