SLS 10RS-385 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. 219
BY SENATOR APPEL
CIVIL PROCEDURE. Provides relative to the signing of pleadings. (8/15/10)
AN ACT1
To amend and reenact Code of Civil Procedure Articles 863(B) and (D) and to enact Code2
of Civil Procedure Article 863(G), relative to pleadings in civil actions; to provide3
with respect to the requirements of signing pleadings; to provide with respect to4
sanctions; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Civil Procedure Articles 863(B) and (D) are hereby amended and7
reenacted and Code of Civil Procedure Article 863(G) is hereby enacted to read as follows:8
Art. 863. Signing of pleadings, effect 9
* * *10
B. Pleadings need not be verified or accompanied by affidavit or certificate,11
except as otherwise provided by law, but the signature of an attorney or party shall12
constitute a certification by him that he has read the pleading; that to the best of his13
knowledge, information, and belief formed after reasonable inquiry: it is well14
grounded in fact; that it is warranted by existing law or a good faith argument for the15
extension, modification, or reversal of existing law; and that it is not interposed for16
any improper purpose, such as to harass or to cause unnecessary delay or needless17 SB NO. 219
SLS 10RS-385 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
increase in the cost of litigation.1
(1) The pleading is not being presented for any improper purpose, such2
as to harass, cause unnecessary delay, or needlessly increase the cost of3
litigation.4
(2) Each claim, defense, or other legal contention in the pleading is5
warranted by existing law or by a nonfrivolous argument for the extension,6
modification, or reversal of existing law or the establishment of new law.7
(3) Each allegation or other factual contention in the pleading has8
evidentiary support or, for a specifically identified allegation or factual9
contention, is likely to have evidentiary support after a reasonable opportunity10
for further investigation or discovery.11
(4) Each denial in the pleading of a factual contention is warranted on12
the evidence or, for a specifically identified denial, is reasonably based on a lack13
of information or belief.14
* * *15
D. If, upon motion of any party or upon its own motion, the court determines16
that a certification has been made in violation of the provisions of this Article, the17
court shall impose upon the person who made the certification or the represented18
party, or both, an appropriate sanction which may include an order to pay to the other19
party or parties the amount of the reasonable expenses incurred because of the filing20
of the pleading, including a reasonable attorney's fee. Absent exceptional21
circumstances, a law firm shall be held jointly responsible for a violation22
committed by its partner, associate, or employee.23
* * *24
G. If the court imposes a sanction, it shall describe the conduct25
determined to constitute a violation of the provisions of this Article and explain26
the basis for the sanction imposed.27 SB NO. 219
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Camille Sebastien Perry.
DIGEST
Present law provides that the signature of an attorney or party on a pleading is a certification
by him that he has read the pleading; that to the best of his knowledge, information, and
belief formed after reasonable inquiry it is well grounded in fact; that it is warranted by
existing law or a good faith argument for the extension, modification, or reversal of existing
law; and that it is not interposed for any improper purpose, such as to harass or to cause
unnecessary delay or needless increase in the cost of litigation.
Proposed law retains present law that the signature of the attorney or party is a certification
that he has read the pleading but restates the certification requirements by providing that by
signing the pleading the person is certifying that to the best of his knowledge:
(1)The pleading is not being presented for any improper purpose, such as to harass,
cause unnecessary delay, or needlessly increase the cost of litigation.
(2)Each claim, defense, or other legal contention in the pleading is warranted by
existing law or by a nonfrivolous argument for the extension, modification, or
reversal of existing law or the establishment of new law.
(3)Each allegation or other factual contention in the pleading has evidentiary support
or, for a specifically identified allegation or factual contention, is likely to have
evidentiary support after a reasonable opportunity for further investigation or
discovery.
(4)Each denial in the pleading of a factual contention is warranted on the evidence or,
for a specifically identified denial, is reasonably based on a lack of information or
belief.
Present law provides that if, upon motion of any party or upon its own motion, the court
determines that a certification violates present law provisions, the court shall impose upon
the person who made the certification or the represented party, or both, an appropriate
sanction which may include an order to pay to the other party or parties the amount of the
reasonable expenses incurred because of the filing of the pleading, including a reasonable
attorney fee.
Proposed law retains present law but also provides that absent exceptional circumstances,
a law firm shall be held jointly responsible for a violation committed by its partner,
associate, or employee.
Proposed law additionally requires the court when imposing a sanction to describe the
conduct that is in violation of proposed law and to explain the basis for the imposed
sanction.
Effective August 15, 2010.
(Amends C.C.P. Arts. 863(B) and (D); adds C.C.P Art. 863(G))