Louisiana 2012 2012 Regular Session

Louisiana House Bill HB400 Chaptered / Bill

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ACT No. 194
Regular Session, 2012
HOUSE BILL NO. 400
BY REPRESENTATIVE FOIL
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 ENROLLEDHB NO. 400
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have not yet been consolidated, then the written consent of each section or division of the1
court shall be required.2
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: