5728-S AMS KAST S2478.2

SSB 5728 - S AMD 162

By Senators Kastama, Esser

ADOPTED 03/14/2003

On page 28, after line 16, insert the following:

"NEW SECTION. Sec. 801. A new section is added to chapter 4.28 RCW to read as follows:

In any action for personal injuries, wrongful deaths, or damage to property, in which the harm is alleged to have been caused by an act which violates the appropriate standard of care to be exercised by an individual licensed, certified, or registered by the state under Title 18 or 19 RCW or by the supreme court, the person initiating the action shall serve upon each defendant an affidavit within ninety days of service of process initiating the action. The affidavit shall be executed by a person whose license, certification, or registration is identical to the defendant. If there is more than one defendant, there shall be an affidavit for each defendant. Each affidavit shall contain a statement that the affiant believes there is a reasonable probability that the defendant's conduct does not meet the standard of care required to be exercised by the defendant. The affiant shall have no financial interest in the outcome of the trial and have at least five years of professional experience in the same vocation as the defendant who is the subject of the affidavit. The affidavit shall be filed within sixty days of the defendant answering the initial complaint.

In the event a defendant refuses to provide information necessary to allow the execution of an affidavit, the court may, upon motion of the plaintiff, waive the requirement following a hearing on the motion. No hearing on the motion shall be held in fewer than forty-five days following the receipt by the defendant of the request to provide the information.

The court may, upon motion by the defendant and a showing of good cause, grant only one additional period of forty-five days, following the motion to waive the requirement of an affidavit, for the defendant to provide the information required under this section."

Renumber the sections consecutively and correct any internal references accordingly.

SSB 5728 - S AMD 162

By Senators Kastama, Esser

ADOPTED 03/14/2003

On page 1, line 5 of the title, strike "a new section to chapter 4.28 RCW" and insert "new sections to chapter 4.28 RCW"

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