HLS 12RS-268 ENGROSSED
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 368
BY REPRESENTATIVE THOMPSON
CIVIL/ACTIONS: Provides with respect to motions to strike
AN ACT1
To amend and reenact Code of Civil Procedure Article 971(C), relative to the special motion2
to strike; to provide for certain procedures; to provide delays for filing a motion to3
strike; to authorize the filing of the motion under certain circumstances; and to4
provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Civil Procedure Article 971(C) is hereby amended and reenacted7
to read as follows: 8
Art. 971. Special motion to strike9
* * *10
C.(1) The special motion may be filed within sixty one hundred eighty days11
of service of the petition, or in the court's discretion, at any later time upon terms the12
court deems proper.13
(2) If the plaintiff voluntarily dismisses the action prior to the running of the14
delays for filing an answer, the defendant shall retain the right to file a special15
motion to strike within the delays provided by Subparagraph (1) of this Paragraph,16
and the motion shall be heard pursuant to the provisions of this Article.17
(3) The motion shall be noticed for hearing not more than thirty days after18
service unless the docket conditions of the court require a later hearing.19
* * *20 HLS 12RS-268 ENGROSSED
HB NO. 368
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)]
Thompson HB No. 368
Abstract: Authorizes the filing of a special motion to strike if the plaintiff dismisses his
action prior to the running of the delays to file an answer.
Present law provides that the special motion to strike may be filed within 60 days of service
of the petition, or in the court's discretion, at any later time upon terms the court deems
proper, and that the motion shall be noticed for hearing not more than 30 days after service
unless the docket conditions of the court require a later hearing.
Proposed law extends the period within which to file a motion to strike from 60 days to 180
days of service of the petition.
Proposed law retains present law and also provides that if the plaintiff voluntarily dismisses
the action prior to the running of the delays for filing an answer, the defendant shall retain
the right to file a special motion to strike and shall have the motion heard.
(Amends C.C.P. Art. 971(C))