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ACT No. 713
Regular Session, 2012
HOUSE BILL NO. 464
BY REPRESENTATIVE ABRAMSON
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 (1) of this Paragraph, domicile shall be the18
location pursuant to Article 42 where the plaintiff would be subject to suit had he19
been a defendant.20
* * *21
Art. 593.1. Class actions; lis pendens22
A. When two or more actions requesting the certification of a class pursuant23
to Article 591 are filed in two or more Louisiana courts regarding the same24 ENROLLEDHB NO. 464
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transaction or occurrence at the same location, and such classes, if certified, would1
encompass one or more of the same plaintiffs suing in the same capacities against2
one or more of the same defendants in the same capacities, the defendant may, by3
excepting as provided in Article 925, have all such actions transferred to the district4
court where the transaction or occurrence occurred.5
B. When two or more actions requesting the certification of a class pursuant6
to Article 591 are filed in two or more Louisiana courts regarding multiple related7
transactions or occurrences in different locations and such classes, if certified, would8
encompass one or more of the same plaintiffs suing in the same capacities against9
one or more of the same defendants in the same capacities, the defendant may, by10
excepting as provided in Article 925, have all such actions transferred to the district11
court where the first suit was brought.12
Art. 593.2. Class actions; forum non conveniens13
Notwithstanding the provisions of Article 123, within thirty days of the14
certification of a class under Article 591 by a different Louisiana court regarding the15
same transaction or occurrence and encompassing one or more of the same plaintiffs16
suing in the same capacities against one or more of the same defendants in the same17
capacities, any court where a related putative class action is pending may, upon18
contradictory motion, in the interests of justice and for good cause shown, transfer19
the putative class action to the district where the related action has been certified.20
Section 2. Civil Code Article 38 is hereby amended and reenacted to read as follows:21
Art. 38. Domicile22
The domicile of a natural person is the place of his habitual residence. The23
domicile of a juridical person may be either the state of its formation or the state of24
its principal place of business, whichever is most pertinent to the particular issue,25
unless otherwise specifically provided by law.26 ENROLLEDHB NO. 464
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Section 3. The provisions of this Act shall be given prospective application only and1
shall not affect any action pending prior to the effective date of this Act.2
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: