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Regular Session, 2012
HOUSE BILL NO. 464
BY REPRESENTATIVE ABRAMSON
CIVIL/ACTIONS: Provides relative to civil procedure
AN ACT1
To amend and reenact Code of Civil Procedure Article 123(A) and Civil Code Article 382
and to enact Code of Civil Procedure Articles 593.1 and 593.2, relative to civil3
procedure; to provide relative to venue; to provide relative to domicile; to provide4
for the domicile of juridical persons; to provide for certain procedures for class5
actions; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Code of Civil Procedure Article 123(A) is hereby amended and reenacted8
and Code of Civil Procedure Articles 593.1 and 593.2 are hereby enacted to read as follows:9
Art. 123. Forum non conveniens10
A.(1) For the convenience of the parties and the witnesses, in the interest of11
justice, a district court upon contradictory motion, or upon the court's own motion12
after contradictory hearing, may transfer a civil case to another district court where13
it might have been brought; however, no suit brought in the parish in which the14
plaintiff is domiciled, and in a court which is otherwise a court of competent15
jurisdiction and proper venue, shall be transferred to any other court pursuant to this16
Article.17
(2) For purposes of Subparagraph (A)(1) of this Article, domicile shall be the18
location pursuant to Article 42 where the plaintiff would be subject to suit had he19
been a defendant.20
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Art. 593.1. Class actions; lis pendens1
When two or more actions are filed pursuant to Article 591 in a Louisiana2
court or courts of different parishes on the same transaction or occurrence, between3
any of the same parties in the same capacities, the defendant may have all but the4
first suit dismissed by excepting thereto as provided in Article 925. When the5
defendant does so except, the plaintiff may elect, in lieu of dismissal, to have the6
case transferred to the district court where the first suit was brought. When the7
defendant does not so except, the plaintiff may continue the prosecution of any of the8
class actions, but the first final judgment rendered shall be conclusive of all.9
Art. 593.2. Class actions; forum non conveniens10
Notwithstanding the provisions of Article 123, for the convenience of the11
parties and the witnesses, in the interest of justice, a district court upon contradictory12
motion, or upon the court's own motion after contradictory hearing, may transfer a13
class action to another district court where it might have been brought.14
Section 2. Civil Code Article 38 is hereby amended and reenacted to read as follows:15
Art. 38. Domicile16
The domicile of a natural person is the place of his habitual residence. The17
domicile of a juridical person may be either the state of its formation or the state of18
its principal place of business, whichever is most pertinent to the particular issue,19
unless otherwise specifically provided by law.20
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. 464
Abstract: Provides relative to the domicile of certain persons and venue of certain actions
for purposes of forum non conveniens and lis pendens.
Present law provides that a district court upon contradictory motion, or upon the court's own
motion after contradictory hearing, may transfer a civil case to another district court where
it might have been brought in certain circumstances. Also provides that no suit brought in
the parish in which the plaintiff is domiciled, and in a court which is otherwise a court of
competent jurisdiction and proper venue, shall be transferred to any other court. HLS 12RS-627 REENGROSSED
HB NO. 464
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are additions.
Proposed law retains present law and provides that domicile shall be the location pursuant
to the general rules of venue (Article 42) where the plaintiff would be subject to suit had he
been a defendant.
Proposed law provides that when two or more class actions are filed pursuant to Article 591
in a La. court or courts of different parishes on the same transaction or occurrence, between
any of the same parties in the same capacities, the defendant may have all but the first suit
dismissed by filing an exception. Provides that when the defendant files an exception of lis
pendens, the plaintiff may elect to transfer the case in lieu of having the case dismissed.
Provides that if the defendant does not so except, the plaintiff may continue the prosecution
of any of the class actions, but the first final judgment rendered shall be conclusive of all.
Proposed law provides that notwithstanding present law provisions of forum non conveniens,
a district court upon contradictory motion, or upon the court's own motion after
contradictory hearing, may transfer a class action to another district court where it might
have been brought.
Present law defines the domicile of a natural person as the place of his habitual residence.
Proposed law defines the domicile of a juridical person as either the state of its formation
or the state of its principal place of business, whichever is most pertinent to the particular
issue, unless otherwise specifically provided by law.
(Amends C.C.P. Art. 123(A) and C.C. Art. 38; Adds C.C.P. Arts. 593.1 and 593.2)
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Added provisions relative to the applicability of lis pendens to multiple actions
filed pursuant to C.C.P. Art. 591 between any of the same parties.
2. Added authority of plaintiff to elect transfer of the suit in lieu of dismissal.
3. Added technical amendments.