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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 ENROLLED
SENATE BILL NO. 219
BY SENATOR APPEL
AN ACT1
To amend and reenact Code of Civil Procedure Article 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 Article 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;, and that to the best13
of his knowledge, information, and belief formed after reasonable inquiry, he14
certifies all of the following: it is well grounded in fact; that it is warranted by15
existing law or a good faith argument for the extension, modification, or reversal of16
existing law; and that it is not interposed for any improper purpose, such as to harass17
or to cause unnecessary delay or needless increase in the cost of litigation.18
(1) The pleading is not being presented for any improper purpose, such19
as to harass, cause unnecessary delay, or needlessly increase the cost of20
litigation.21
(2) Each claim, defense, or other legal assertion in the pleading is22
warranted by existing law or by a nonfrivolous argument for the extension,23
modification, or reversal of existing law.24
ACT No. 540 SB NO. 219 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(3) Each allegation or other factual assertion in the pleading has1
evidentiary support or, for a specifically identified allegation or factual2
assertion, is likely to have evidentiary support after a reasonable opportunity3
for further investigation or discovery.4
(4) Each denial in the pleading of a factual assertion is warranted by the5
evidence or, for a specifically identified denial, is reasonably based on a lack of6
information or belief.7
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D. If, upon motion of any party or upon its own motion, the court determines9
that a certification has been made in violation of the provisions of this Article, the10
court shall impose upon the person who made the certification or the represented11
party, or both, an appropriate sanction which may include an order to pay to the other12
party or parties the amount of the reasonable expenses incurred because of the filing13
of the pleading, including a reasonable attorney's fee reasonable attorney fees.14
* * *15
G. If the court imposes a sanction, it shall describe the conduct16
determined to constitute a violation of the provisions of this Article and explain17
the basis for the sanction imposed.18
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: