ENROLLED
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ACT No. 449
Regular Session, 2012
HOUSE BILL NO. 368
BY REPRESENTATIVES THOMPSON AND NORTON
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
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C.(1) The special motion may be filed within sixty ninety days of service of11
the petition, or in the court's discretion, at any later time upon terms the court deems12
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 ENROLLEDHB NO. 368
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(3) The motion shall be noticed for hearing not more than thirty days after1
service unless the docket conditions of the court require a later hearing.2
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: