Synopsis of Bill as introduced:
Amends the Code of Civil Procedure. Changes the provision under
which a defendant whose identity was mistaken and who was not named in
the original action may be made a defendant to the cause of action
without the application of the statute of limitations. Requires that
the defendant must have received notice of the commencement of the
action within the limitation period and that he or she would not be
prejudiced in maintaining a defense on the merits and knew or should
have known that but for a mistake concerning the identity of the party
the action would have been brought against him or her.
SENATE AMENDMENT NO. 1.
Deletes the amendatory changes in the bill. Makes similar
changes as were in the bill as introduced. Corrects grammatical
errors and other technical errors in the bill.
Last action on Bill: PUBLIC ACT.............................. 92-0116
Last action date: JUL-20-2001
Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 0 SENATE - 1
END OF INQUIRY
Full Text Bill Status