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ACT No. 690
Regular Session, 2010
HOUSE BILL NO. 260
BY REPRESENTATIVE ABRAMSON
AN ACT1
To amend and reenact Code of Civil Procedure Article 966(B) and (E) and to enact Code of2
Civil Procedure Article 966(F), relative to motions for summary judgment; to3
provide for the rendering of a summary judgment; to provide for affirmation on4
appeal; to provide for the allocation of fault; to provide for the admission of5
evidence; to 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(B) and (E) are hereby amended and8
reenacted and Code of Civil Procedure Article 966(F) is hereby enacted to read as follows:9
Art. 966. Motion for summary judgment; procedure10
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B. The motion for summary judgment , memorandum in support thereof, and12
supporting affidavits shall be served at least fifteen days before the time specified for13
the hearing within the time limits provided in District Court Rule 9.9. For good14
cause, the court shall give the adverse party additional time to file a response,15
including opposing affidavits or depositions. The adverse party may serve opposing16
affidavits, and if such opposing affidavits are served, the opposing affidavits and any17
memorandum in support thereof shall be served pursuant to Article 1313 at least18
eight days prior to the date of the hearing unless the Rules for Louisiana District19
Courts provide to the contrary within the time limits provided in District Court Rule20
9.9. The judgment sought shall be rendered forthwith if the pleadings, depositions,21
answers to interrogatories, and admissions on file, together with the affidavits, if any,22
show that there is no genuine issue as to material fact, and that mover is entitled to23
judgment as a matter of law.24
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E. A summary judgment may be rendered dispositive of a particular issue,1
theory of recovery, cause of action, or defense, in favor of one or more parties, even2
though the granting of the summary judgment does not dispose of the entire case;3
however, a summary judgment shall be rendered or affirmed only as to those issues4
set forth in the motion under consideration by the court at that time.5
F. When the court determines, in accordance with the provisions of this6
Article, that a party or nonparty is not negligent, not at fault, or did not cause,7
whether in whole or in part, the injury or harm alleged, that party or nonparty may8
not be considered in any subsequent allocation of fault. Evidence shall not be9
admitted at trial to establish the fault of that party or nonparty nor shall the issue be10
submitted to the jury. This Paragraph shall not apply when a summary judgment is11
granted solely on the basis of the successful assertion of an affirmative defense in12
accordance with Article 1005.13
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: