HLS 12RS-1161 REENGROSSED
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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. 400
BY REPRESENTATIVE FOIL
CIVIL/PROCEDURE: Provides relative to consolidation for trial
AN ACT1
To amend and reenact Code of Civil Procedure Article 1561(A), relative to civil actions; to2
provide for the procedures for the consolidation of separate actions; and to provide3
for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Civil Procedure Article 1561(A) is hereby amended and6
reenacted to read as follows:7
Art. 1561. Consolidation for trial8
A. When two or more separate actions are pending in the same court, the9
section or division of the court in which the first filed action is pending may order10
consolidation of the actions for trial after a contradictory hearing, and upon a finding11
that common issues of fact and law predominate, and, in the event a trial date has12
been set in a subsequently filed action, upon a finding that consolidation is in the13
interest of justice. The contradictory hearing may be waived upon the certification14
by the mover that all parties in all cases to be consolidated consent to the15
consolidation. If a trial date has been set in any of the subsequently filed actions that16
have not yet been consolidated, then the written consent of each section or division17
of the court shall be required.18
* * *19 HLS 12RS-1161 REENGROSSED
HB NO. 400
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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)]
Foil HB No. 400
Abstract: Deletes the requirement of written consent of each section or division of the
court in order to consolidate actions pending in the same court, and adds
authorization to waive the contradictory hearing upon consent of all of the parties.
Present law provides that when two or more separate actions are pending in the same court,
the section or division of the court in which the first filed action is pending may order
consolidation of the actions for trial after a contradictory hearing, and upon a finding that
common issues of fact and law predominate.
Present law further provides that if a trial date has been set in any of the subsequently filed
actions that have not yet been consolidated, then the written consent of each section or
division of the court shall be required.
Proposed law provides that the court may consolidate a case when a trial date has been set
if it is in the interest of justice.
Proposed law deletes the requirement of written consent of each section or division of the
court in order to consolidate actions pending in the same court.
Proposed law provides that the contradictory hearing may be waived upon consent of all of
the parties.
(Amends C.C.P. Art. 1561(A))
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Added provision authorizing the court to consolidate a case in which a trial date
has been set.