Bill Status of HB5806 97th General Assembly
Short Description: CIV PRO-VENUE-RESIDENCE
Rep. Sidney H. Mathias - Paul Evans - Kent Gaffney - Dwight Kay - Thomas Morrison, Jil Tracy and Mike Bost
| 1/8/2013||House||Session Sine Die|
Statutes Amended In Order of Appearance
Synopsis As Introduced
Amends the Code of Civil Procedure. Deletes language providing that an action may be commenced in any county if all defendants are nonresidents of the State, and replaces it with language providing that if no defendants that are joined in good faith and with probable cause for the purpose of obtaining a judgment against them are residents of the State, an action may be commenced only in the county in which the transaction or some part thereof occurred out of which the cause of action arose. Makes various changes in provisions defining the residence of certain corporations, voluntary unincorporated associations, and partnerships. Deletes language providing that actions against an insurance company incorporated under the laws of this State or doing business in this State may be brought in any county in which the plaintiff or one of the plaintiffs resides. Provides that if no defendants are residents of this State, and the transaction, or some part thereof, out of which the cause of action arose did not occur in this State, the action must be dismissed for lack of proper venue. Makes changes in relation to motions claiming improper venue. Provides that the changes made by the amendatory Act apply to actions filed on or after its effective date. Effective immediately.