Assembly Bill No. 40–Assemblyman Oceguera

 

CHAPTER..........

 

AN ACT relating to civil practice; extending the period of limitations for commencing a civil action that has been dismissed because the court lacked jurisdiction over the subject matter of the action under certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1. Chapter 11 of NRS is hereby amended by adding

thereto a new section to read as follows:

    1.  Notwithstanding any other provision of law, and except as

otherwise provided in this section, if an action that is commenced

within the applicable period of limitations is dismissed because the

court lacked jurisdiction over the subject matter of the action, the

action may be recommenced in the court having jurisdiction

within:

    (a) The applicable period of limitations; or

    (b) Ninety days after the action is dismissed,

whichever is later.

    2.  An action may be recommenced only one time pursuant to

paragraph (b) of subsection 1.

    3.  An action may not be recommenced pursuant to paragraph

(b) of subsection 1 more than 5 years after the date on which the

original action was commenced.

    4.  Paragraph (b) of subsection 1 does not apply to a contract

that is subject to the provisions of chapter 104 of NRS.

    5.  If an action is recommenced pursuant to paragraph (b) of

subsection 1, any applicable findings of fact or conclusions of law

entered by the court that dismissed the action shall be deemed

binding in the action that is recommenced.

    Sec. 2.  This act applies to any action pending on October 1,

2003, or that is filed on or after October 1, 2003.

 

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