HLS 12RS-195 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. 12
BY REPRESENTATIVE ABRAMSON
EVIDENCE: Provides relative to expert witnesses for class certification purposes
AN ACT1
To amend and reenact Code of Civil Procedure Article 592(A)(3)(a)(ii), relative to2
certification of class actions; to provide for discovery and admissibility of expert3
witness testimony and evidence under certain circumstances; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Civil Procedure Article 592(A)(3)(a)(ii) is hereby enacted to read7
as follows: 8
Art. 592. Certification procedure; notice; judgment; orders9
A.10
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(3)(a) No motion to certify an action as a class action shall be granted prior12
to a hearing on the motion. Such hearing shall be held as soon as practicable, but in13
no event before:14
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(ii) The parties have had a reasonable opportunity to obtain discovery on16
class certification issues, on such terms and conditions as the court deems necessary,17
which may include expert witness testimony or evidence. The admissibility of18
expert witness testimony or evidence for class certification purposes shall also be19
governed by Article 1425(F), although the court in its discretion may change the20 HLS 12RS-195 ORIGINAL
HB NO. 12
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
deadlines for filing or hearing a motion as set forth in Article 1425(F) provided such1
deadlines are prior to or contemporaneous with the class certification hearing.2
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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)]
Abramson HB No. 12
Abstract: Provides for the discovery and admissibility of expert witness testimony or
evidence with regard to the certification of class actions.
Present law provides procedures for certification of class actions and requires that parties
have a reasonable opportunity to obtain discovery on class certification issues.
Present law, with regard to discovery in general, provides procedures for determining
whether a witness qualifies as an expert or whether the methodologies employed by the
witness are reliable.
Proposed law provides for discovery of expert witness testimony or evidence and provides
for the determination of admissibility of expert witness testimony or evidence for class
certification purposes pursuant to present law.
(Amends C.C.P. Art. 592(A)(3)(a)(ii))