Civil Practice and Procedure
HB 1026 – Restricts protests. (See Criminal Law)
HB 1082 – Healthcare liens. (See Health and Hospital Law)
HB 1091 – Jury duty. Allows elected officials to be excused from jury duty during their term of office.
HB 1093 – Adverse possession. (See Property Law)
HB 1100 – Jury duty. Requires breastfeeding women to be excused from jury service upon request.
HB 1103, HB 1110 & SB 571 – No retreat law / Use of deadly force. (See Judicial Administration)
HB 1115 – Liability protection for school employees. (See Education/School Law)
HB 1118 – Immunity for health care providers in declared emergencies. (See Tort Law)
HB 1124 – Child support. (See Family Law)
HB 1133 – Notices of pendency of lawsuits. (See Property Law)
HB 1154 – Copy fees for certain public records. (See Local Government Law)
HB 1155 – Limits recovery for noneconomic damages. (See Insurance Law)
HB 1165 – Child safety restraints. (See Tort Law)
HB 1166 – Modifies garnishment procedures. (See Commercial Law)
HB 1170 – Modifies garnishment procedures. (See Commercial Law)
HB 1216 – Reduction of damages for failure to wear a safety belt. (See Tort Law)
HB 1235 - Tort liability for conduct arising out of work. (See Tort Law)
HB 1252 – New civil action for identity theft. Defines “identity theft,” “personal identifying information,” and “victim of identity theft” and permits a person to bring a legal action against a claimant, defined as a person who has or purports to have a claim for money or an interest in property in connection with a transaction procured through identity theft, to establish that he or she is a victim of identity theft in connection with the claimant’s claim against that person. Describes a range of potential remedies.
HB 1309 – Criminal Forfeiture and teacher’s salaries. (See Criminal Law)
HB 1341 – Strategic litigation against public participation (SLAPP). (See Judicial Administration)
HB 1345 & SB 847 – Small Claims Court. (See Judicial Administration)
HB 1353 – Redefines public entities for sovereign immunity. (See Tort Law)
HB 1375 – Use of defensive force. (See Criminal Law)
HB 1414 – Third party coverage for spouses or children. (See Insurance Law)
HB 1415 – Limits liability of the state in tort actions. (See Tort Law)
HB 1461 – Use of defensive force. (See Criminal Law)
HB 1472 – Insurer intervention. Allows insurers to intervene in any civil case where they may be obligated to provide a defense or indemnity for any judgment rendered in the action.
HB 1473 – Notice of pendency. (See Property Law)
SB 716 – Prohibits discrimination. (See Labor Law)
SB 729 – Affidavit of merit. Requires an affidavit of merit to be filed in actions against certain licensed professionals.
SB 737 – Consumer credit reports. (See Commercial Law)
SB 771 – Liens on real property. (See Judicial Administration)
SB 804 – Service of summons and petitions in civil actions. Provides that in any court proceeding arising from injury to person or property caused by a resident’s use of any motor vehicle or trailer, if the plaintiff alleges that the defendant cannot be served personally in the manner prescribed by law, then the court shall order that the summons and petition be served upon any insurance company through which the defendant maintains an automobile insurance policy. The plaintiff, either in a verified petition or in an affidavit, must describe at least one prior attempt to personally service the defendant, including the date, time, place and manner by which service was attempted. The plaintiff must also provide the defendant’s last known address, and the address and name of the insurance company through which the defendant maintains an automobile insurance policy. The summons and petition shall be served upon the insurance company in the same manner as on any domestic or foreign corporation, as provided by this section. The summons and petition shall also be mailed to the defendant at his or her last known address.
SB 823 - Relates to insurance compliance self-evaluative audit privilege. Makes information collected in the course of an insurance compliance audit privileged information and not discoverable in civil, criminal, or administrative proceedings unless an exception applies. The privilege established in this act shall not apply to documents which are expressly waived. In a civil or administrative proceeding, a court may require disclosure of materials, after in-camera review, if it determines that the privilege was asserted for a fraudulent purpose or that the privilege does not apply. A court may order disclosure of materials in a criminal proceeding, after in-camera review, if it determines that the privilege was asserted for a fraudulent purpose, that the privilege does not apply or that material contains relevant evidence of a crime and the prosecuting attorney or attorney general has made a good faith request or lawful subpoena for the information. An administrative hearing officer or a court in any administrative hearing or civil proceeding initiated by the director may require public disclosure, after in-camera review, if the administrative hearing officer or court finds:
(1) The privilege is asserted for a fraudulent purpose;
(2) The material is not subject to the privilege; or
(3) The material contains evidence relevant to a breach of a civil duty owed by the insurer to others, and the director is unable to obtain the substantial equivalent of the information by independent means without incurring unreasonable cost and delay (Section 375.1065).
The privilege is deemed to be waived by the insurer 45 days after receiving a request for disclosure of a self-evaluative audit, unless the insurer files a petition for an in camera examination. After conducting an in-camera review of the insurance compliance audit document, the court may require disclosure of any portion of the document it determines is not privileged. Any compelled disclosure of an audit will not make the audit a public document or be deemed a waiver of the privilege for any other civil, criminal or administrative proceeding (Section 375.1066).
An insurer has the burden of demonstrating the applicability of the privilege (Section 375.1067).
SB 824- Relates to an insurance company’s right to intervene in civil actions to determine coverage obligations. (See Insurance Law)
SB 844- Authorizes civil actions alleging Medicaid fraud. Provides that any person may bring an action for Medicaid fraud on behalf of the person and the state. Petitioners must give a copy of the petition to the Attorney General, and must also disclose to the Attorney General substantially all material information in the person’s possession.
SB 903 – Immunity from liability for certain officers and employees of state agencies. (See Tort Law)