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This entry was published on 2014-09-22
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SECTION 62
Bringing in new parties
Lien (LIE) CHAPTER 33, ARTICLE 3
§ 62. Bringing in new parties. A lienor who has filed a notice of lien
after the commencement of an action in a court of record to foreclose or
enforce a mechanic's lien against real property or a public improvement,
may at any time up to and including the day preceding the day on which
the trial of such action is commenced, make application upon notice to
the plaintiff or his attorney in such action, to be made a party
therein. Upon good cause shown, the court must order such lienor to be
brought in by amendment. If the application is made by any other party
in said action to make such lienor or other person a party, the court
may in its discretion direct such lienor or other person to be brought
in by like amendment. The order to be entered on such application shall
provide the time for and manner of serving the pleading of such
additional lienor or other person and shall direct that the pleadings,
papers and proceedings of the other several parties in such action,
shall be deemed amended, so as not to require the making or serving of
papers other than said order to effectuate such amendment, and shall
further provide that the allegations in the answer of such additional
lienor or other person shall, for the purposes of the action, be deemed
denied by the other parties therein. The action shall be so conducted by
the court as not to cause substantially any delay in the trial thereof.
The bringing in of such additional lienor or other person shall be
without prejudice to the proceedings had, and if the action be on the
calendar of the court, same shall retain its place on such calendar
without the necessity of serving a new note of issue and new notices of
trial.