Bill > S1178

Introduced Session

This bill, concerning civil actions dealing with real estate for which notices of lis pendens are filed, would permit a defendant to move to have the action dismissed with prejudice based on the plaintiff's on-going failure to diligently prosecute the action, if the notice of lis pendens was previously discharged, at least six months prior, due to (1) the plaintiff's failure to prosecute, or (2) the plaintiff's failure to establish, at a previous hearing moved for by the defendant, that there was a probability that final judgment would be entered in favor of the plaintiff sufficient enough to justify the notice. The previous discharge of the notice of lis pendens, coupled with the on-going failure to prosecute after an additional six-month period, would serve as grounds for the dismissal, or the court could act to dismiss with prejudice for other good cause shown. The bill would take effect immediately, and would apply to all new civil actions filed on or after the effective date, as well as all existing actions which have not yet been finally adjudicated as of that date. The intent of the bill is to provide property owners with further protections from meritless claims against their property by establishing a faster means by which they can have such claims dismissed.

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Jim Holzapfel (R)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/31/2022)

Official Document