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ACT No. 682
Regular Session, 2010
HOUSE BILL NO. 33
BY REPRESENTATIVE CONNICK
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. When interrogatories are served on a specific party, that party shall15
verify he has read and confirmed the answers and objections. The party upon whom16
the interrogatories have been served shall serve a copy of the answers, and objections17
if any, within fifteen days after the service of the interrogatories, except that a18
defendant may serve answers or objections within thirty days after service of the19
petition upon that defendant and the state and its political subdivisions may serve a20
copy of the answers or objections within thirty days after service of the21
interrogatories. The court may allow a shorter or longer time. The party submitting22
the interrogatories may move for an order under Article 1469 with respect to any23
objection to or other failure to answer an interrogatory.24
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Art. 1462. Production of documents and things; entry upon land; procedure1
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B. The party upon whom the request is served shall serve a written response3
within fifteen days after service of the request, except that a defendant may serve a4
response within thirty days after service of the petition upon that defendant. The5
court may allow a shorter or longer time. With respect to each item or category, the6
response shall state that inspection and related activities will be permitted as7
requested, unless the request is objected to, in which event the reasons for objection8
shall be stated. If objection is made to part of an item or category, the part shall be9
specified. The written answer or reasons for objection to each request for production10
of documents shall immediately follow a restatement of the request for production11
of documents to which the answer or objection is responding. The party submitting12
the request may move for an order under Article 1469 with respect to any objection13
to or other failure to respond to the request, or any part thereof, or any failure to14
permit inspection as requested. If objection is made to the requested form or forms15
for producing information, including electronically stored information, or if no form16
was specified in the request, the responding party shall state in its response the form17
or forms it intends to use.18
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Art. 1467. Requests for admission; answers and objections 20
A. Each matter of which an admission is requested shall be separately set21
forth. The matter is admitted unless, within fifteen days after service of the request,22
or within such shorter or longer time as the court may allow, the party to whom the23
request is directed serves upon the party requesting the admission a written answer24
or objection addressed to the matter, signed by the party or by his attorney, but,25
unless the court shortens the time, a defendant shall not be required to serve answers26
or objections before the expiration of thirty days after service of the petition upon27
him. The written answer or reasons for objection to each request for admission shall28
immediately follow a restatement of the request for admission to which the answer29
or objection is responding. If objection is made, the reasons therefor shall be stated.30 ENROLLEDHB NO. 33
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The answer shall specifically deny the matter or set forth in detail the reasons why1
the answering party cannot truthfully admit or deny the matter. A denial shall fairly2
meet the substance of the requested admission, and when good faith requires that a3
party qualify his answer or deny only a part of the matter of which an admission is4
requested, he shall specify so much of it as is true and qualify or deny the remainder.5
An answering party may not give lack of information or knowledge as a reason for6
failure to admit or deny unless he states that he has made reasonable inquiry and that7
the information known or readily obtainable by him is insufficient to enable him to8
admit or deny. A party who considers that a matter of which an admission has been9
requested presents a genuine issue for trial may not, on that ground alone, object to10
the request; he may, subject to the provisions of Article 1472, deny the matter or set11
forth reasons why he cannot admit or deny it.12
B. The party who has requested the admissions may move to determine the13
sufficiency of the answers or objections. Unless the court determines that an14
objection is justified, it shall order that an answer be served. If the court determines15
that an answer does not comply with the requirements of this rule, it may order either16
that the matter is admitted or that an amended answer be served. The court may, in17
lieu of these orders, determine that final disposition of the request be made at a18
pretrial conference or at a designated time prior to trial. The provisions of Article19
1469 apply to the award of expenses incurred in relation to the motion.20
Section 2. This Act shall become effective on January 1, 2011.21
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: