MARVIN MANDEL, Governor                                   947

SUPPORT OF HIS ANSWER SHOWING CAUSE.__THE FAILURE TO FILE

SUCH OPPOSING AFFIDAVIT SHALL CONSTITUTE AN ADMISSION FOR
THE PURPOSES OF THE PROCEEDINGS OF ALL STATEMENTS OF FACT

IN__THE AFFIDAVIT SUPPORTING THE PETITIONER'S CLAIM, BUT

SHALL NOT CONSTITUTE AN ADMISSION THAT SUCH PETITION OR
AFFIDAVIT IN SUPPORT THEREOF IS LEGALLY SUFFICIENT.

(3) AN ANSWER SHOWING CAUSE WHY A LIEN

SHOULD NOT BE ESTABLISHED IN THE AMOUNT CLAIMED SHALL BE
SET DOWN FOR HEARING AT THE EARLIEST POSSIBLE TIME.

(B) (1) IF THE PLEADINGS, AFFIDAVITS AND

ADMISSIONS__ON FILE, AND THE EVIDENCE, IF ANY, SHOW THAT

THERE IS NO GENUINE DISPUTE AS TO ANY MATERIAL FACT AND

THAT THE LIEN SHOULD ATTACH AS A MATTER__OF LAW, THEN A

FINAL ORDER SHALL BE ENTERED ESTABLISHING THE LIEN FOR

WANT OF ANY CAUSE SHOWN TO THE CONTRARY. FURTHER, IF IT

APPEARS THAT THERE__IS NO GENUINE DISPUTE AS TO ANY

PORTION OF THE__ LIEN CLAIM, THEN THE VALIDITY OF THAT

PORTION SHALL BE ESTABLISHED AND THE ACTION SHALL PROCEED
ONLY ON THE DISPUTED AMOUNT OF THE LIEN CLAIM.

(2)    IF THE PLEADINGS, AFFIDAVITS AND

ADMISSIONS ON FILE AND THE EVIDENCE, IF ANY, SHOW THAT

THERE IS NO GENUINE DISPUTE AS TO ANY MATERIAL FACT AND
THAT THE PETITIONER FAILED TO ESTABLISH HIS RIGHT TO A

LIEN AS A MATTER OF LAS, THEN A FINAL ORDER SHALL BE

ENTERED DENYING THE LIEN FOR CAUSE SHOWN.

(3)    IF THE COURT DETERMINES FROM THE
PLEADINGS, AFFIDAVITS AND ADMISSIONS ON FILE, AND THE

EVIDENCE, IF ANY, THAT THE LIEN SHOULD NOT ATTACH, OR

SHOULD NOT ATTACH IN THE AMOUNT CLAIMED, AS A MATTER OF
LAW, BY ANY FINAL ORDER, BUT THAT THERE IS PROBABLE CAUSE
TO BELIEVE THE PETITIONER IS ENTITLED TO A LIEN, THE
COURT SHALL ENTER AN INTERLOCUTORY ORDER WHICH:

(I)    ESTABLISHES THE LIEN;

(II)   DESCRIBES THE BOUNDARIES OF THE
LAND AND THE BUILDINGS TO WHICH THE LIEN ATTACHES;

(III)  STATES THE AMOUNT OF THE CLAIM FOR
WHICH PROBABLE CAUSE IS FOUND;

(IV) SPECIFIES THE__AMOUNT OF A BOND

THAT THE OWNER MAY FILE TO HAVE THE LAND AND BUILDING

RELEASED FROM THE LIEN;

(V) MAY REQUIRE THE CLAIMANT TO FILE A
BOND IN AN AMOUNT THAT THE COURT BELIEVES SUFFICIENT FOR
DAMAGES, INCLUDING REASONABLE ATTORNEY'S FEES;

(VI) ASSIGNS A DATE FOR__THE TRIAL__OF

ALL THE MATTERS AT ISSUE IN THE ACTION, WHICH SHALL BE

WITHIN A PERIOD OF SIX MONTHS. THE OWNER OR ANY OTHER

PERSON INTERESTED IN THE PROPERTY, HOWEVER, MAY, AT ANY
TIME, MOVE TO HAVE THE LIEN ESTABLISHED BY THE