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This entry was published on 2014-09-22
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SECTION 15
Substitution of assignee or legal representative of claimant
Court of Claims Act (CTC) CHAPTER 860, ARTICLE 3
§ 15. Substitution of assignee or legal representative of claimant.
In the event of the death of the claimant or of one of the claimants
named in a claim of any nature against the state, heretofore or
hereafter filed in the court of claims, and also in the event that by
assignment or by operation of law, some person other than the claimant
named in the claim has succeeded to the interest of one of the claimants
named in such a claim, it shall be the duty of the personal
representative of said claimant or of the person who succeeded claimant
in interest to said claim or any interest therein within six months
after he becomes invested with the title to said claim or any interest
therein, to secure from the court of claims and serve upon the
attorney-general an order substituting him as party to said claim
instead of the party named in said claim, to whose right, title and
interest he has succeeded, and in the event that he fails so to do, the
court of claims on motion of the attorney-general, on such notice as the
court may require, to all parties who have appeared in said action or
proceeding or to the assignee or successor of the claimant may dismiss
said claim.