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Regular Session, 2011
HOUSE CONCURRENT RESOLUTI ON NO. 28
BY REPRESENTATIVE ABRAMSON
A CONCURRENT RESOLUTI ON
To urge and request the Louisiana State Law Institute to study agreements to voluntarily
extend liberative prescriptive periods and to make specific recommendations for
authorizing agreements to extend liberative prescriptive periods.
WHEREAS, resolution of certain claims frequently cannot be confected within one
year, particularly in complex matters; and
WHEREAS, agreements to suspend or toll prescriptive periods have been successful
in other states; and
WHEREAS, parties involved in certain actions have, at times, unanimously agreed
to withhold the filing of suit in order to resolve the disputed issues, but due to Louisiana law,
particularly, Civil Code Article 3471, suit is required to be filed in order to avoid the
liberative prescriptive period, even though all parties to the action agree that filing suit at
that time is not otherwise necessary; and
WHEREAS, the ability to suspend the liberative prescriptive period when all parties
agree could be beneficial to the parties and the courts by saving both time and money.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request the Louisiana State Law Institute to study agreements to voluntarily extend
liberative prescriptive periods and to make specific recommendations for authorizing
agreements to extend liberative prescriptive periods.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
director of the Louisiana State Law Institute and that the Louisiana State Law Institute report ENROLLEDHCR NO. 28
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its findings and recommendations in the form of specific proposed legislation to the
Legislature of Louisiana on or before January 1, 2013.
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE