SENATE AMENDMENT

    Bill No. CS for SB 272

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Ostalkiewicz moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 3, line 26, through page 6, line 12, delete

15  those lines

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17  and insert:

18         Section 3.  In any civil judicial proceeding, a party

19  may file a motion to determine the legal sufficiency of a

20  claim brought against that party. Upon the filing of such a

21  motion, the court must dismiss the claim unless the responding

22  party establishes prima facie evidence of sufficient fact and

23  law to support the claim. The court must make its

24  determination based upon the facts contained in the pleadings

25  and affidavits filed. The court is to use a time period

26  appropriate to preferred or expedited motions. Upon entry of

27  an order granting or denying the motion, the court may award

28  costs and attorney fees to the prevailing party.

29         Section 4.  This act shall take effect upon becoming a

30  law.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 272

    Amendment No.    





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         On page 1, lines 4-9, delete those lines

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 5  and insert:

 6         providing for its purposes; providing for a

 7         determination of the legal sufficiency of

 8         claims in civil judicial proceedings; providing

 9         an effective date.

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    3:44 PM   03/18/98                               s0272.ju12.0c