Louisiana 2010 2010 Regular Session

Louisiana House Bill HB41 Engrossed / Bill

                    HLS 10RS-202	ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 41
BY REPRESENTATIVE CONNICK
CIVIL/DISCOVERY:  Provides relative to depositions
AN ACT1
To enact Code of Civil Procedure Article 1443(E), relative to depositions; to provide for the2
payment of costs and sanctions in certain circumstances; and to provide for related3
matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Civil Procedure Article 1443(E) is hereby enacted to read as6
follows: 7
Art. 1443. Examination and cross-examination; record of examination; oath;8
objections9
*          *          *10
E. If the court finds that an objection made during a deposition taken for trial11
purposes is in violation of this Article, the court shall order the party in violation to12
pay for the editing or redacting of the transcript or video, along with any other costs13
or sanctions the court deems appropriate unless good cause is shown.14
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. 41
Abstract: Requires the court, unless good cause is shown, to order a party making an
invalid objection during a deposition to pay the costs incurred for editing or
redacting the transcript.
Present law provides the procedures for the examination and cross-examination of witnesses
by deposition, for the transcription of the testimony, for the introduction of evidence, and
for objections made at the time of examination. HLS 10RS-202	ENGROSSED
HB NO. 41
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law provides that counsel shall cooperate with and be courteous to each other and
to the witness and otherwise conduct themselves as required in open court and shall be
subject to the power of the court to punish for contempt.
Proposed law requires the court, unless good cause is shown, to order a party making an
objection during a deposition in violation of present law to pay the costs incurred for editing
or redacting the transcript and authorizes appropriate sanctions.
(Adds C.C.P. Art. 1443(E))
Summary of Amendments Adopted by House
Committee Amendments Proposed by 	House Committee on Civil Law and Procedure
to the original bill.
1. Made proposed law inapplicable if good cause is shown for not ordering
sanctions.