SLS 10RS-876 ORIGINAL
Page 1 of 2
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. 387
BY SENATOR CLAITOR
CIVIL PROCEDURE. Provides sanctions for frivolous writ applications. (8/15/10)
AN ACT1
To amend and reenact Code of Civil Procedure Article 2164, relative to appellate procedure;2
to provide relative to sanctions for frivolous appeals and writ applications; to provide3
for attorney fees; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Civil Procedure Article 2164 is hereby amended and reenacted6
to read as follows: 7
Art. 2164. Scope of appeal and action to be taken; costs 8
The appellate court shall render any judgment which is just, legal, and proper9
upon the record on appeal. The court may award damages , including attorney fees,10
for frivolous appeal; or application for writs, and may tax the costs of the lower or11
appellate court, or any part thereof, against any party to the suit, as in its judgment12
may be considered equitable.13 SB NO. 387
SLS 10RS-876 ORIGINAL
Page 2 of 2
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 authorizes the court to award damages for frivolous appeals.
Proposed law retains present law and makes the following changes:
(1)Authorizes the court to award sanctions for frivolous writ applications.
(2)Authorizes the court to award attorney fees for both frivolous appeals and writ
applications.
Effective August 15, 2010.
(Amends C.C.P. Art. 2164)