Louisiana House Bill HB1218

Louisiana 2010 Regular Session

• Introduced: 3/29/10
• Refer: 3/29/10
• Report Pass: 4/22/10

Caption

Requires the clerks of court to remit unused funds or to demand payment for costs in civil matters within a certain period of time

Impact

The implementation of HB 1218 is likely to create a significant impact by clarifying the obligations of clerks of court regarding financial transactions post-litigation. By setting a strict timeline of ninety days for these actions, the bill aims to promote efficiency and transparency within the judicial process. This can potentially reduce disputes over financial matters and improve the experience of litigants who may otherwise have to navigate delays in receiving refunds or settling costs. The inclusion of provisions that require written requests from parties also empowers litigants to have agency in their legal dealings, thereby encouraging active participation in the judicial process.

Summary

House Bill 1218 aims to amend various sections of Louisiana law to establish a more standardized process for clerks of court regarding the handling of unused funds from court costs in civil matters. Specifically, the bill mandates that clerks across all types of courts—including district, civil, parish, and juvenile court—must either refund any unused funds to the parties involved or demand payment for any excess costs no later than ninety days following the final termination of a civil suit. This change is designed to enhance the financial accountability of the courts and ensure that parties are not unduly burdened by outstanding or unused financial obligations related to their civil cases.

Sentiment

The sentiment surrounding the bill appears to lean towards being favorable, particularly among those advocating for improvements in judicial efficiency and financial accountability. Legal experts and watchdog organizations may view this measure as a positive step towards ensuring that court processes are more user-friendly and practical. Nevertheless, there may be concerns regarding the feasibility of compliance within the existing administrative frameworks of various courts, leading to potential pushback from clerks or officials who may feel burdened by these new requirements.

Contention

Notable points of contention regarding HB 1218 could arise from the implications of the effective date and the specific provision that renders the sections related to the Civil District Court for the Parish of Orleans null and void on January 1, 2015. This particular aspect may raise questions about why certain provisions are temporarily applied or exempted, sparking debates among legislators about fair treatment and consistency in the application of the law across different jurisdictions within the state.