Dismissal of Nonsuits: HB 1709 (2013)

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Clarifies that if notice to take a nonsuit is given


Clarifies that if notice to take a nonsuit is given to the opposing party during trial, the court may assess against the nonsuiting party reasonable witness fees and travel costs of expert witnesses scheduled to appear at trial, which are actually incurred by the opposing party, solely by reason of the failure of the nonsuiting party to give notice at least seven days prior to trial. Provides that invoices, receipts, or confirmation of payment shall be admissible to prove reasonableness of such expert witness costs and may, in the court’s discretion, satisfy the reasonableness requirement, without the need for further testimony.

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