Bill: Draft Notice of Claim Act

[Plura72]

A
BILL

To

Require Notice of Claim Prior to Actions Against the Commonwealth​

The people of the Commonwealth of Redmont, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:

1 - Short Title and Enactment

(1) This Act may be cited as the "Notice of Claim Act," or the "NCA."
(2) This Act shall be enacted immediately upon its signage.
(3) This Act has been authored by Muggy21.
(4) This Act has been sponsored by rep. Plura72.
(4) This Act has been co-sponsored by rep. girlfailcoded.

2 - Purpose

(1) To provide the Commonwealth with fair opportunity to investigate and resolve claims prior to litigation.
(2) To reduce frivolous suits and conserve judicial resources.
(3) To align civil procedures against the Commonwealth with principles of fairness, efficiency, and notice.


3- Definition
(1) For the purposes of this Act, a “Notice of Claim” shall mean a written instrument delivered to the Attorney General, or such other official as may be designated by regulation, which sets forth in reasonable detail:
(a) The claimant’s full name and contact information;
(b) The nature of the claim, including the facts and circumstances underlying the alleged wrong;
(c) The legal theory or statutory basis under which the claim is brought;
(d) The damages or relief demanded; and
(e) The date and signature of the claimant or their legal representative.


4 - Notice of Claim Requirement

(1) Except as provided in Section 7, no civil action shall be maintained against the Commonwealth, any of its Departments, or any of its Agents unless a Notice of Claim is first filed in accordance with Section 3.
(2) A Notice of Claim must be filed within sixty(60) days after the alleged injury, wrong, or breach giving rise to the claim.
(b) The nature of the claim, including a statement of facts and the legal basis asserted.
(c) The damages or relief sought.
(d) The date and signature of the claimant or their representative.

5 - Timeframe for Notice

(1) A Notice of Claim must be filed within sixty (60) days after the alleged injury, wrong, or breach giving rise to the claim.
(2) Failure to file a Notice of Claim within this period shall bar the action, unless extended pursuant to Section 5 of this Act.
(3) On receipt of a notice, the Commonwealth shall have seven (7) days to give a binding settlement offer. If rejected, or if the Commonwealth fails to respond within this period, the claimant may proceed with filing the civil action in court.


6 - Extension of Time

(1) The Court may, upon motion and for extraordinary circumstances only, waive the thirty (30) day requirement and permit the filing of a Notice of Claim beyond the statutory period.
(2) Such extension shall be granted only upon explicit findings of the Court that:
(a) The claimant could not, with reasonable diligence, have complied with the thirty (30) day limit; and
(b) The Commonwealth will not be substantially prejudiced by the delay.
(3) Absent such waiver, the claim shall be dismissed with prejudice.

7 - Exemptions

(1) The following categories of suits shall be exempt from the Notice of Claim requirement:
(a) Eviction proceedings;
(b) Petitions or Orders to Show Cause;
(c) Suits involving Emergency Injunctions against unlawful detention or habeas corpus;
(d) Other extraordinary circumstances of great public importance, as determined by the Court.

8 - Effect of Non-Compliance

(1) Any civil action commenced against the Commonwealth without prior compliance with this Act shall be dismissed for lack of jurisdiction.
(2) The requirement of a Notice of Claim shall not be subject to equitable tolling, except as provided in Section 6 of this Act regarding extensions for extraordinary circumstances.