§ 21-260. Rights of the parties in civil actions.  


Latest version.
  • (1)

    If the County Manager, on behalf of the County, elects to proceed with the action, he or she has the primary responsibility for prosecuting the action, and is not bound by any prior or subsequent act(s) of the person bringing the action. The County may also voluntarily dismiss the action notwithstanding the objections of the person bringing the action.

    (2)

    If the County Manager elects not to proceed with the action, the person bringing the action has the right to conduct the action. If the County Manager so requests, he or she shall be served with copies of all pleadings and motions filed in the action and copies of all deposition transcripts. When the person bringing the action proceeds with the claim, the court may permit the County to take over the action on behalf of the County at a later date upon a showing of good cause.

    (3)

    Nothing in this article shall be construed to limit the authority of the County or the qui tam plaintiff, proceeding pursuant to Section 21-259(2), to compromise a claim brought in a complaint filed under this article if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances.

(Ord. No. 99-152, § 1, 11-2-99)