Senate Bill No. 1330 amends the existing "accidental failure of suit" law, which allows plaintiffs to file a new lawsuit within one year after a case is dismissed for reasons unrelated to the merits, even if the statute of limitations has expired. The bill clarifies that a defendant's receipt of the summons and complaint, or that of their agents or representatives (including insurers), constitutes sufficient commencement of the action. This provision aims to ensure that cases are not dismissed solely due to technicalities in service or jurisdiction, thereby protecting the rights of plaintiffs.

Additionally, the bill maintains the existing provisions that allow for a new action to be filed within six months if the original case was against an executor or administrator of a deceased defendant. It also specifies that the time for bringing an action to state court after a dismissal in federal court begins from the date of dismissal or the final determination of any appeal. The bill is set to take effect on October 1, 2025, and is not expected to have any fiscal impact on the state or municipalities.

Statutes affected:
Raised Bill: 52-592
JUD Joint Favorable Substitute: 52-592
File No. 734: 52-592