SB 1748

Abstract

Amends the Code of Civil Procedure. Provides that a plaintiff has the right to designate an additional person to be present and video record an examination conducted as part of discovery. Provides that, in the case of a wrongful death action, a surviving spouse or next of kin who has reached the age of 67 years (rather than 70 years) shall, upon motion by the administrator of the estate of the deceased person or special administrator, be entitled to preference in setting for trial. Provides that the trial shall occur within one year of the hearing on the motion. Provides that the changes apply to actions commenced or pending on or after the effective date of the amendatory Act. Effective immediately. Senate Floor Amendment No. 1 Provides that a trial where a party is an individual, or a surviving spouse or next of kin in a wrongful death action, and has reached the age of 67 years shall commence (rather than occur) within one year of the hearing on the motion regarding the preference in setting for trial. House Floor Amendment No. 2 Replaces everything after the enacting clause with the following changes. Provides that the trial setting shall apply only to the moving party and to those defendants who have appeared and answered the complaint at the time notice of the motion for preference in setting for trial is served. Provides that, if any new party is added to a lawsuit after the setting of a trial, any party may move the court to amend the trial setting to allow for trial to commence up to one year after the date a new defendant appeared and answered the complaint or up to one year after the date a plaintiff was added to the lawsuit. Allows any party to move for a trial continuance of up to 6 months for good cause shown. Effective immediately.