HLS 10RS-692 ENGROSSED
Page 1 of 2
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. The contradictory hearing may be12
waived upon the certification by the mover that all parties in all cases to be13
consolidated consent to the consolidation. If a trial date has been set in any of the14
subsequently filed actions that have not yet been consolidated, then the written15
consent of each section or division of the court shall be required.16
* * *17 HLS 10RS-692 ENGROSSED
HB NO. 1062
Page 2 of 2
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, and adds
authorization to waive the contradictory hearing upon consent of all of the parties.
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.
Proposed law provides that the contradictory hearing may be waived upon consent of all of
the parties.
(Amends C.C.P. Art. 1561(A))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill.
1. Added authorization to waive the contradictory hearing upon consent of all of the
parties.