The surety shall be bound for the payment of all costs which may be adjudged against the party asserting the claim in the court in which the action is brought or heard. Current law allows a court to order a nonresident of the county to post such bond before commencing an action. NSBA supports this legislation. Change statute of limitations in Political Subdivisions Tort Claims Act. Provide that every claim against a political subdivision shall be forever barred unless within two years after such claim accrued the claim is made in writing to the governing body.
Current law requires that such a claim be filed within one year of the date the claim accrues.
NSBA supports this legislation so that the Statute of Limitations in State Tort Claims actions and Political Subdivisions Tort Claims actions will be consistent. Provide for certain discovery subpoenas and change provisions relating to summary judgment motions. When discovery rules promulgated by the Supreme Court authorize discovery from a non-party without a deposition, a subpoena shall be issued by the clerk of the court before whom the action is pending upon request of a party. An attorney as an officer of the court may also issue and sign such a subpoena on behalf of a court in which the attorney is authorized to practice. The subpoena shall be served in the time and manner required by the discovery rules.