Louisiana 2012 Regular Session

Louisiana House Bill HB454 Latest Draft

Bill / Introduced Version

                            HLS 12RS-801	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. 454
BY REPRESENTATIVE ABRAMSON
CIVIL/PROCEDURE:  Provides relative to bifurcation of trials
AN ACT1
To amend and reenact Code of Civil Procedure Article 1562(A), relative to bifurcation of2
trials; to provide for separate trials arising out of certain claims relating to3
environmental damage; to provide relative to consent of parties; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Civil Procedure Article 1562(A) is hereby amended and7
reenacted to read as follows: 8
Art. 1562.  Separate trials of issues of insurance coverage, liability, and damages 9
A. If it would simplify the proceedings or would permit a more orderly10
disposition of the case or otherwise would be in the interest of justice, at any time11
prior to trial the court may order, with the consent of all parties, separate trials on the12
issues of liability and damages, whether or not there is to be a jury trial on either13
issue. In suits arising under R.S. 30:29, consent of the parties is not required, and14
any party may request separate trials.15
*          *          *16 HLS 12RS-801	ORIGINAL
HB NO. 454
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)]
Abramson	HB No. 454
Abstract: Provides that bifurcation of trials arising from certain claims of environmental
damage shall not require the consent of the parties, and may be requested by any
party.
Present law provides for general authority of the court to order separate trials on the issues
of liability and damages with the consent of all parties.
Present law provides procedures for judicial resolution of claims for environmental damage
to property arising from activities subject to the jurisdiction of the Dept. of Natural
Resources, office of conservation.
Proposed law maintains present law and provides that bifurcation of a trial arising from
certain claims of environmental damage shall not require the consent of the parties, and may
be requested by any party.
(Amends C.C.P. Art. 1562(A))