§ 558. New action after failure of original action
(a) The plaintiff may commence a new action for the same cause within one year after the determination of the original action, when the original action has been commenced within the time limited by any statute of this State, and the action has been determined for any of the following reasons:
(1) where the action is dismissed for insufficiency of process caused by unavoidable accident or by default or neglect of the officer to whom the process was committed;
(2) where the action is dismissed for lack of jurisdiction of the subject matter or person, improper venue, or failure to join an indispensable party;
(3) where the action is defeated or avoided by the death of a party thereto;
(4) where judgment for the plaintiff is reversed on appeal on one of the grounds listed in subdivisions (1) and (2) of this subsection.
(b) If the cause of action survives, the plaintiff's executor or administrator may commence the action within one year after the determination of the original action. If an executor or administrator is not appointed within that time, then the new action may be commenced within one year after letters testamentary or of administration are granted. (Amended 1971, No. 185 (Adj. Sess.), § 34, eff. March 29, 1972; 1973, No. 151 (Adj. Sess.), § 1, eff. date, see note set out below.)
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.