Adopted

COMMITTEE AMENDMENT NO 1 PROPOSED TO

House Bill No.  413

BY: Committee

     Amend by striking all after the enacting clause and inserting in lieu thereof the following:

 

     SECTION 1.  (1)  An action shall be dismissed when the plaintiff fails to take any step in its prosecution in the trial court for a period of three (3) years, unless it is a probate proceeding:

          (a)  Which has been opened;

          (b)  In which an administrator or executor has been appointed; or

          (c)  In which a testament has been probated.

     (2)  On motion of any party suggesting that no step has been taken for a period of three (3) years in the prosecution of the action, the trial court shall enter a formal order dismissing the action.

     (3)  A motion to set aside a dismissal may be made in accordance with the Mississippi Rules of Civil Procedure.  Such a motion shall be denied unless the plaintiff can show that the action was not prosecuted due to circumstances beyond the plaintiff's control.

     (4)  An appeal of an order of dismissal may be taken in accordance with the Mississippi Rules of Appellate Procedure.  An appeal of an order of denial may be taken only within thirty (30) days of the date of the entry of the order of dismissal.

     (5)  Any formal discovery served on all parties, whether or not filed of record, including the taking of a deposition with or without formal notice, shall be deemed to be a step in the prosecution or defense of an action.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2006, and shall apply only to causes of action accruing on or after that date.

     Further, amend by striking the title in its entirety and inserting in lieu thereof the following:

 

     AN ACT TO PROVIDE FOR THE ABANDONMENT OF ACTIONS IN TRIAL AND APPELLATE COURTS; TO PROVIDE FOR A MOTION TO SET ASIDE A DISMISSAL; TO PROVIDE FOR AN APPEAL OF AN ORDER OF DISMISSAL; AND FOR RELATED PURPOSES.