§672E-13 - Dismissal without prejudice.
[§672E-13] Dismissal without prejudice.
The court or arbitrator shall dismiss, without prejudice, any action failing to
meet the requirements of this chapter, unless:
(1) The failure to meet the requirements is the
direct result of the wrongful conduct of another party;
(2) Circumstances beyond the control of the party
prevented compliance; or
(3) An applicable statute of limitations on actions
would prevent the refiling of an action, in which case the action shall be
immediately stayed to provide the claimant with an opportunity to comply with
this chapter, but for no longer than six months;
provided that the exceptions provided by this
section to any specific requirement of this chapter shall not excuse a party
from substantially complying with the remainder of the chapter. [L 2004, c 119,
pt of §2]