HLS 10RS-597 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. 135
BY REPRESENTATIVE ABRAMSON
CIVIL/PROCEDURE: Provides sanctions for frivolous appeals and writ applications
AN ACT1
To amend and reenact Code of Civil Procedure Article 2164, relative to appeals; to provide2
relative to sanctions for frivolous appeals and writ applications; to provide for3
attorney fees; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Civil Procedure Article 2164 is hereby amended and reenacted6
to read as follows:7
Art. 2164. Scope of appeal and action to be taken; costs 8
The appellate court shall render any judgment which is just, legal, and proper9
upon the record on appeal. The court may award damages , including attorney fees,10
for frivolous appeal or application for writs, and may tax the costs of the lower or11
appellate court, or any part thereof, against any party to the suit, as in its judgment12
may be considered equitable.13
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)]
Abramson HB No. 135
Abstract: Authorizes the court to award sanctions for frivolous writ applications and
authorizes the court to award attorney fees for both frivolous appeals and writ
applications.
Present law authorizes the court to award damages for frivolous appeals. HLS 10RS-597 ENGROSSED
HB NO. 135
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law retains present law and makes the following changes:
(1)Authorizes the court to award sanctions for frivolous writ applications.
(2)Authorizes the court to award attorney fees for both frivolous appeals and writ
applications.
(Amends C.C.P. Art. 2164)