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Regular Session, 2010
HOUSE BILL NO. 33
BY REPRESENTATIVE CONNICK
CIVIL/DISCOVERY: Provides procedures for written discovery
AN ACT1
To amend and reenact Code of Civil Procedure Articles 1458, 1462(B), and 1467, relative2
to discovery; to require certain forms of responses to interrogatories, requests for3
production of documents, and requests for admissions; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Civil Procedure Articles 1458, 1462(B), and 1467 are hereby7
amended and reenacted to read as follows: 8
Art. 1458. Interrogatories to parties; procedures for use9
Each interrogatory shall be answered separately and fully in writing under10
oath, unless it is objected to, in which event the reasons for objection shall be stated11
in lieu of an answer. The written answer or reasons for objection to each12
interrogatory shall immediately follow a restatement of the interrogatory to which13
the answer or objection is responding. The answers are to be signed by the person14
making them. The party upon whom the interrogatories have been served shall serve15
a copy of the answers, and objections if any, within fifteen days after the service of16
the interrogatories, except that a defendant may serve answers or objections within17
thirty days after service of the petition upon that defendant and the state and its18
political subdivisions may serve a copy of the answers or objections within thirty19
days after service of the interrogatories. The court may allow a shorter or longer20 HLS 10RS-201 ENGROSSED
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time. The party submitting the interrogatories may move for an order under Article1
1469 with respect to any objection to or other failure to answer an interrogatory.2
* * *3
Art. 1462. Production of documents and things; entry upon land; procedure4
* * *5
B. The party upon whom the request is served shall serve a written response6
within fifteen days after service of the request, except that a defendant may serve a7
response within thirty days after service of the petition upon that defendant. The8
court may allow a shorter or longer time. With respect to each item or category, the9
response shall state that inspection and related activities will be permitted as10
requested, unless the request is objected to, in which event the reasons for objection11
shall be stated. If objection is made to part of an item or category, the part shall be12
specified. The written answer or reasons for objection to each request for production13
of documents shall immediately follow a restatement of the request for production14
of documents to which the answer or objection is responding. The party submitting15
the request may move for an order under Article 1469 with respect to any objection16
to or other failure to respond to the request, or any part thereof, or any failure to17
permit inspection as requested. If objection is made to the requested form or forms18
for producing information, including electronically stored information, or if no form19
was specified in the request, the responding party shall state in its response the form20
or forms it intends to use.21
* * *22
Art. 1467. Requests for admission; answers and objections 23
A. Each matter of which an admission is requested shall be separately set24
forth. The matter is admitted unless, within fifteen days after service of the request,25
or within such shorter or longer time as the court may allow, the party to whom the26
request is directed serves upon the party requesting the admission a written answer27
or objection addressed to the matter, signed by the party or by his attorney, but,28
unless the court shortens the time, a defendant shall not be required to serve answers29 HLS 10RS-201 ENGROSSED
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or objections before the expiration of thirty days after service of the petition upon1
him. The written answer or reasons for objection to each request for admission shall2
immediately follow a restatement of the request for admission to which the answer3
or objection is responding. If objection is made, the reasons therefor shall be stated.4
The answer shall specifically deny the matter or set forth in detail the reasons why5
the answering party cannot truthfully admit or deny the matter. A denial shall fairly6
meet the substance of the requested admission, and when good faith requires that a7
party qualify his answer or deny only a part of the matter of which an admission is8
requested, he shall specify so much of it as is true and qualify or deny the remainder.9
An answering party may not give lack of information or knowledge as a reason for10
failure to admit or deny unless he states that he has made reasonable inquiry and that11
the information known or readily obtainable by him is insufficient to enable him to12
admit or deny. A party who considers that a matter of which an admission has been13
requested presents a genuine issue for trial may not, on that ground alone, object to14
the request; he may, subject to the provisions of Article 1472, deny the matter or set15
forth reasons why he cannot admit or deny it.16
B. The party who has requested the admissions may move to determine the17
sufficiency of the answers or objections. Unless the court determines that an18
objection is justified, it shall order that an answer be served. If the court determines19
that an answer does not comply with the requirements of this rule, it may order either20
that the matter is admitted or that an amended answer be served. The court may, in21
lieu of these orders, determine that final disposition of the request be made at a22
pretrial conference or at a designated time prior to trial. The provisions of Article23
1469 apply to the award of expenses incurred in relation to the motion.24 HLS 10RS-201 ENGROSSED
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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)]
Connick HB No. 33
Abstract: Requires that the written answer or reasons for objection shall immediately
follow a restatement of each interrogatory, request for production of documents, or
request for admission.
Present law provides that each interrogatory, request for production of documents, and
request for admission shall be answered separately and fully in writing under oath, unless
it is objected to, in which event the reasons for objection shall be stated in lieu of an answer.
Proposed law requires that the written answer or reasons for objection shall immediately
follow a restatement of each interrogatory, request for production of documents, or request
for admission.
(Amends C.C.P. Arts. 1458, 1462(B), and 1467)