HLS 10RS-607 REENGROSSED
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. 260
BY REPRESENTATIVE ABRAMSON
CIVIL/MOTIONS: Provides for motions for summary judgment
AN ACT1
To amend and reenact Code of Civil Procedure Article 966(E) and to enact Code of Civil2
Procedure Article 966(F), relative to motions for summary judgment; to provide for3
the rendering of a summary judgment; to provide for affirmation on appeal; to4
provide for the allocation of fault; to provide for the admission of evidence; to5
provide for submission to the jury; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Code of Civil Procedure Article 966(E) is hereby amended and reenacted8
and Code of Civil Procedure Article 966(F) is hereby enacted to read as follows: 9
Art. 966. Motion for summary judgment; procedure10
* * *11
E. A summary judgment may be rendered dispositive of a particular issue,12
theory of recovery, cause of action, or defense, in favor of one or more parties, even13
though the granting of the summary judgment does not dispose of the entire case;14
however, a summary judgment shall be rendered or affirmed only as to those issues15
set forth in the motion under consideration by the court at that time.16
F. When the court determines, in accordance with the provisions of this17
Article, that a party or nonparty is not negligent, not at fault, or did not cause,18
whether in whole or in part, the injury or harm alleged, that party or nonparty may19
not be considered in any subsequent allocation of fault. Evidence shall not be20 HLS 10RS-607 REENGROSSED
HB NO. 260
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
admitted at trial to establish the fault of that party or nonparty nor shall the issue be1
submitted to the jury. This Paragraph shall not apply when a summary judgment is2
granted solely on the basis of the successful assertion of an affirmative defense in3
accordance with Article 1005.4
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. 260
Abstract: Provides procedures for motions for summary judgment.
Present law provides that a summary judgment may be rendered dispositive of an issue,
theory, cause of action, or defense in favor of one or more parties, even though it does not
dispose of the entire case.
Proposed law retains present law and further provides that a summary judgment shall be
rendered or affirmed only as to the issues presently before the court.
Proposed law provides that when the court determines that a party or nonparty in a motion
for summary judgment is not negligent, not at fault, or did not cause the injury or harm
alleged, that party or nonparty may not be considered in any subsequent allocation of fault,
evidence shall not be admitted at trial, and the issue shall not be submitted to the jury.
Proposed law provides that the provisions of proposed law shall not apply when a summary
judgment is granted on the basis of an affirmative defense.
(Amends C.C.P. Art. 966(E); Adds C.C.P. Art. 966(F))
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Specified that a summary judgment shall be rendered or affirmed only as to
issues presently before the court.
2. Added that a party or nonparty may not be considered in the allocation of fault
if the court determines that it did not cause the injury or harm.
3. Excluded the application of proposed law with regard to affirmative defenses.