HLS 12RS-1470 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 1158
BY REPRESENTATIVE CONNICK
CIVIL/DISCOVERY: Provides with respect to pretrial procedure in civil matters
AN ACT1
To amend and reenact Code of Civil Procedure Article 1551(A)(introductory paragraph),2
(B), and (C) and to enact Code of Civil Procedure Article 1551(D), relative to3
pretrial procedure in civil matters; to provide for scheduling conferences; to provide4
a time period within which to set conferences; to provide for the content of5
scheduling orders; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Code of Civil Procedure Article 1551(A)(introductory paragraph), (B),8
and (C) are hereby amended and reenacted and Code of Civil Procedure Article 1551(D) is9
hereby enacted to read as follows: 10
Art. 1551. Pretrial and scheduling conference; order11
A. In any civil action in a district court the court may in its discretion shall12
direct the attorneys for the parties to appear before it for conferences to consider any13
of the following:14
* * *15
B. Any party may file a motion for a pretrial conference after all issues are16
joined, and such conference shall be set within thirty days of the date the motion is17
filed.18
B.C. The court shall render an order which recites the action taken at the19
conference, the amendments allowed to the pleadings, and the agreements made by20 HLS 12RS-1470 ORIGINAL
HB NO. 1158
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
the parties as to any of the matters considered, and which limits the issues for trial1
to those not disposed of by admissions or agreements of counsel. Such order shall2
include a scheduling order with a trial date even if discovery is outstanding, and such3
order controls the subsequent course of the action, unless modified at the trial to4
prevent manifest injustice.5
C.D. If a party's attorney fails to obey a pretrial order, or to appear at the6
pretrial and scheduling conference, or is substantially unprepared to participate in the7
conference or fails to participate in good faith, the court, on its own motion or on the8
motion of a party, after hearing, may make such orders as are just, including orders9
provided in Article 1471 (2), (3), and (4). In lieu of or in addition to any other10
sanction, the court may require the party or the attorney representing the party or11
both to pay the reasonable expenses incurred by noncompliance with this Paragraph,12
including attorney fees.13
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Connick HB No. 1158
Abstract: Requires district courts to set pretrial scheduling conferences to consider and
resolve certain matters, and requires the court to set such conferences within 30 days
of the filing of the motion by any party.
Present law authorizes a district court in any civil action to direct the attorneys for the parties
to appear for pretrial conferences to consider various matters, including the status of
discovery, pending issues, admissibility of evidence, and limitations on expert witnesses, in
order to prepare the case for trial.
Proposed law requires the district court to set such conferences, and requires the court to set
such conferences within 30 days of the filing of the motion by any party, even if discovery
is outstanding.
(Amends C.C.P. Art. 1551(A)(intro. para.), (B), and (C); Adds C.C.P. Art. 1551(D))