SLS 10RS-732 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 165
BY SENATOR MURRAY
CIVIL PROCEDURE. Provides relative to motions for summary judgment. (8/15/10)
AN ACT1
To amend and reenact Code of Civil Procedure Article 966(A) and (B), relative to motions2
for summary judgment; to provide certain procedures and requirements; and to3
provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Civil Procedure Article 966(A) and (B) are hereby amended and6
reenacted to read as follows: 7
Art. 966. Motion for summary judgment; procedure8
A.(1) The plaintiff or defendant in the principal or any incidental action, with9
or without supporting affidavits, may move for a summary judgment in his favor for10
all or part of the relief for which he has prayed. The plaintiff's motion may be made11
at any time after the answer has been filed. The defendant's motion may be made at12
any time. A motion for summary judgment or opposition thereto shall be13
accompanied by supporting memorandum that cites both relevant facts and14
applicable law.15
(2) The summary judgment procedure is designed to secure the just, speedy,16
and inexpensive determination of every action, except those disallowed by Article17 SB NO. 165
SLS 10RS-732 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
969. The procedure is favored and shall be construed to accomplish these ends.1
B. The Unless otherwise specified in the rules of court, the motion for2
summary judgment, memorandum, and supporting affidavits shall be served at least3
fifteen days before the time specified for the hearing. For good cause, the court shall4
give the adverse party additional time to file a response, including opposing5
memorandum, affidavits or depositions. The adverse party may serve opposing6
affidavits, and if such opposing affidavits are served, the opposing affidavits and any7
memorandum in support thereof shall be served pursuant to Article 1313 at least8
eight days prior to the date of the hearing unless the Rules for Louisiana District9
Courts provide to the contrary. Unless otherwise specified in the rules of court, at10
least eight days prior to the date of hearing the adverse party shall serve11
pursuant to Article 1313 the opposing affidavits, if any, and memorandum. The12
judgment sought shall be rendered forthwith if the pleadings, memoranda,13
depositions, answers to interrogatories, and admissions on file, together with the14
affidavits, if any, show that there is no genuine issue as to material fact, and that15
mover is entitled to judgment as a matter of law.16
* * *17
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry G. Jones.
DIGEST
Present law in Code of Civil Procedure relative to motions for summary judgment provides
that the plaintiff or defendant in the principal or any incidental action, with or without
supporting affidavits, may move for a summary judgment in his favor for all or part of the
relief for which he has prayed. The plaintiff's motion may be made at any time after the
answer has been filed. The defendant's motion may be made at any time.
Proposed law retains present law and adds that a motion for summary judgment or
opposition thereto shall be accompanied by supporting memorandum that cites both relevant
facts and applicable law.
Present law further provides that the motion for summary judgment and supporting affidavits
shall be served at least 15 days before the time specified for the hearing. For good cause,
the court shall give the adverse party additional time to file a response, including opposing
affidavits or depositions. The adverse party may serve opposing affidavits, and if such
opposing affidavits are served, the opposing affidavits and any memorandum in support
thereof shall be served pursuant to Article 1313 at least 8 days prior to the date of the hearing
unless the Rules for Louisiana District Courts provide to the contrary. The judgment sought
shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and
admissions on file, together with the affidavits, if any, show that there is no genuine issue SB NO. 165
SLS 10RS-732 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
as to material fact, and that mover is entitled to judgment as a matter of law.
Proposed law states that unless otherwise specified in the rules of court, the motion for
summary judgment, memorandum, and supporting affidavits shall be served at least 15 days
before the time specified for the hearing. For good cause, the court shall give the adverse
party additional time to file a response, including opposing memorandum, affidavits or
depositions. Unless otherwise specified in the rules of court, at least 8 days prior to the date
of hearing the adverse party shall serve pursuant to Article 1313 the opposing affidavits, if
any, and memorandum .The judgment sought shall be rendered forthwith if the pleadings,
memoranda, depositions, answers to interrogatories, and admissions on file, together with
the affidavits, if any, show that there is no genuine issue as to material fact, and that mover
is entitled to judgment as a matter of law.
Effective August 15, 2010.
(Amends C.C.P. Art. 966(A) and (B))