Louisiana 2010 2010 Regular Session

Louisiana House Bill HB1062 Introduced / Bill

                    HLS 10RS-692	ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1062
BY REPRESENTATIVE FOIL
CIVIL/PROCEDURE:  Provides relative to consolidation for trial
AN ACT1
To amend and reenact Code of Civil Procedure Article 1561(A), relative to civil actions; to2
provide for the procedures for the consolidation of separate actions; and to provide3
for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Civil Procedure Article 1561(A) is hereby amended and6
reenacted to read as follows:7
Art. 1561.  Consolidation for trial8
A.  When two or more separate actions are pending in the same court, the9
section or division of the court in which the first filed action is pending may order10
consolidation of the actions for trial after a contradictory hearing, and upon a finding11
that common issues of fact and law predominate.  If a trial date has been set in any12
of the subsequently filed actions that have not yet been consolidated, then the written13
consent of each section or division of the court shall be required.14
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HB NO. 1062
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Foil	HB No. 1062
Abstract: Deletes the requirement of written consent of each section or division of the
court in order to consolidate actions pending in the same court.
Present law provides that when two or more separate actions are pending in the same court,
the section or division of the court in which the first filed action is pending may order
consolidation of the actions for trial after a contradictory hearing, and upon a finding that
common issues of fact and law predominate.
Present law further provides that if a trial date has been set in any of the subsequently filed
actions that have not yet been consolidated, then the written consent of each section or
division of the court shall be required.
Proposed law deletes the requirement of written consent of each section or division of the
court in order to consolidate actions pending in the same court.
(Amends C.C.P. Art. 1561(A))