February 2015 | Article

Practice Alert: A New Year, a New Rule - Amendments to Rule 48 and Form 14A

OBA Construction & Infrastructure Law

While construction law lawyers are aware of the two year limitation period contained in section 37 of the Construction Lien Act, on January 1, 2015, significant changes were made to Rule 48 of the Rules of Civil Practice, which require all litigation lawyers to modify their tickler systems for their non-lien actions.  In addition to this amendment, a new paragraph was added to the Statement of Claim form which warns the parties of the Rule 48 consequences.

This practice alert highlights the Rule 48 amendments, however, as noted in the opening words in Rule 48.14, the Rule is subject to an order which contains a set down date which differs from what is contained in the Rule.

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