HLS 12RS-1185 ORIGINAL
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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. 434
BY REPRESENTATIVE CONNICK
CIVIL/PROCEDURE: Provides for the suspension of liberative prescription in class action
suits
AN ACT1
To amend and reenact Code of Civil Procedure Article 596(A), relative to liberative2
prescription; to provide for the suspension of liberative prescription in class action3
suits; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Civil Procedure Article 596(A) is hereby amended and reenacted6
to read as follows: 7
Art. 596. Prescription; suspension8
A. Liberative prescription on the claims arising out of the transactions or9
occurrences described in a petition brought on behalf of a class is suspended on the10
filing of the petition as to all members of the class as defined or described therein.11
Prescription which has been suspended as provided herein, continues to be12
suspended as to all putative class members even if a putative class member files suit13
individually after the filing of the petition brought on behalf of the class, and begins14
to run again only when any of the following conditions are met:15
(1) As to any person electing to be excluded from the class, thirty days from16
the submission of that person's election form;.17
(2) As to any person excluded from the class pursuant to Article 592, thirty18
days after mailing or other delivery or publication of a notice to such person that the19
class has been restricted or otherwise redefined so as to exclude him; or.20 HLS 12RS-1185 ORIGINAL
HB NO. 434
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(3) As to all members, thirty days after mailing or other delivery or1
publication of a notice to the class that the action has been dismissed, that the2
demand for class relief has been stricken pursuant to Article 592, or that the court has3
denied a motion to certify the class or has vacated a previous order certifying the4
class.5
* * *6
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)]
Connick HB No. 434
Abstract: Provides for the suspension of liberative prescription in class actions.
Present law provides that liberative prescription in class actions is suspended when a petition
is filed as to all of the members of the class.
Present law also provides when prescription begins to run again.
Proposed law retains present law and provides for the continuation of the suspension of
liberative prescription even if a member of the class action files suit individually after the
petition is filed on behalf of the class.
(Amends C.C.P. Art. 596(A))