Louisiana 2012 Regular Session

Louisiana House Bill HB12 Latest Draft

Bill / Chaptered Version

                            ENROLLED
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ACT No. 115
Regular Session, 2012
HOUSE BILL NO. 12
BY REPRESENTATIVE ABRAMSON
 
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 amended and7
reenacted to read 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 be 19 ENROLLEDHB NO. 12
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
governed by Article 1425(F), although the court in its discretion may change the deadlines1
for filing or hearing a motion as set forth in Article 1425(F) provided such deadlines are2
prior to or contemporaneous with the class certification hearing.3
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: