HLS 12RS-625 ORIGINAL
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are additions.
Regular Session, 2012
HOUSE BILL NO. 474
BY REPRESENTATIVE ABRAMSON
(On Recommendation of the Louisiana State Law Institute)
CIVIL/PROCEDURE: Provides for the continuous revision of the Code of Civil Procedure
AN ACT1
To amend and reenact Code of Civil Procedure Articles 683(B), 966(B), 1313(C), 2166(E),2
and 5188 and to enact Code of Civil Procedure Article 1313(D), relative to3
continuous revision of the Code of Civil Procedure; to provide for the tutor's4
enforcement of rights of unemancipated minors; to provide for statements on denials5
of summary judgments; to provide for service by couriers; to provide for suspension6
of writ denials by the supreme court; to provide for entry of judgment7
notwithstanding an indigent's failure to pay costs; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. Code of Civil Procedure Articles 683(B), 966(B), 1313(C), 2166(E), and10
5188 are hereby amended and reenacted and Code of Civil Procedure Article 1313(D) is11
hereby enacted to read as follows: 12
Art. 683. Unemancipated minor13
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B. Except as otherwise provided in Article 4431, the tutor appointed by a15
court of this state is the proper plaintiff to sue to enforce a right of an unemancipated16
minor, when one or both of the parents are dead, the parents are divorced or17
judicially separated, or the minor is born outside of marriage.18
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HB NO. 474
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Comment - 20121
Article 686(B) has been amended to remove the words "appointed by a court2
of this state" in order to conform with Article 4061.1, which provides that a natural3
tutor may file an action for damages based on a delictual obligation without4
obtaining court approval.5
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Art. 966. Motion for summary judgment; procedure7
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B. The motion for summary judgment, memorandum in support thereof, and9
supporting affidavits shall be served within the time limits provided in District Court10
Rule 9.9. For good cause, the court shall give the adverse party additional time to11
file a response, including opposing affidavits or depositions. The adverse party may12
serve opposing affidavits, and if such opposing affidavits are served, the opposing13
affidavits and any memorandum in support thereof shall be served pursuant to14
Article 1313 within the time limits provided in District Court Rule 9.9. The15
judgment sought shall be rendered forthwith if the pleadings, depositions, answers16
to interrogatories, and admissions on file, together with the affidavits, if any, show17
that there is no genuine issue as to material fact, and that mover is entitled to18
judgment as a matter of law. If the motion for summary judgment is denied, the19
court shall provide reasons for the denial on the record, orally or in writing, upon20
request of a party within ten days of rendition.21
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Comment–201223
The last sentence was added to Article 966(B) to encourage the court upon24
a request of a party to state reasons on the record after denying a motion for25
summary judgment. This change was taken from a similar amendment to FRCP26
56(a) effective on December 1, 2010. Reasons for denying a motion for summary27
judgment may facilitate appellate review by supervisory writ or subsequent trial28
court proceedings. When the court grants an appealable summary judgment, Article29
1917 requires the court to give in writing its findings of fact and reasons for30
judgment upon timely request of a party.31
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Art. 1313. Service by mail, delivery, or electronic means33
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C. Notwithstanding Paragraph A of this Article, if a pleading or order sets1
a court date, then service shall be made either by registered or certified mail or as2
provided in Article 1314., or by actual delivery by a commercial courier.3
D. For purposes of this Article, a "commercial courier" is any foreign or4
domestic business entity having as its primary purpose the deliver of letters and5
parcels of any type, and that:6
(1) Acquires a signed receipt from the addressee, or the addressee's agent,7
of the letter or parcel upon completion of delivery.8
(2) Has no direct or indirect interest in the outcome of the matter to which9
the letter or parcel concerns.10
Comment–201211
Article 1313 has been amended to add service by commercial courier as an12
option. The definition of "commercial courier" is taken from R.S. 13:3204(D).13
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Art. 2166. Rehearing, court of appeal judgment; finality; stay15
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E. If an application for certiorari to the supreme court is timely filed, a17
judgment of the court of appeal becomes final and definitive when the supreme court18
denies the application for certiorari after a delay of five days, exclusive of legal19
holidays, commencing to run on the day after the clerk has mailed the denial by the20
supreme court of the application for certiorari. The supreme court may stay the21
execution of the judgment of the court of appeal pending a timely application for22
certiorari or an appeal to the United States Supreme Court.23
Comment–201224
The 2012 amendment to Paragraph E adds an automatic five-day suspension25
of the finality of the denial by the supreme court of a writ of certiorari in order to26
enable the applicant to apply for a stay.27
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Art. 5188. Unsuccessful party condemned to pay costs29
Except as otherwise provided by Articles 1920 and 2164, if judgment is30
rendered against a party who has been permitted to litigate without the payment of31 HLS 12RS-625 ORIGINAL
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costs, he shall be condemned to pay the costs incurred by him, in accordance with1
the provisions of Article 5186, and those recoverable by the adverse party. The2
failure of the indigent party to pay the costs specified in this Article shall not prevent3
entry of a judgment in favor of any party who is not responsible for the costs.4
Comment–20125
Article 5188 was amended to make clear that the court cannot refuse to sign6
a judgment because an indigent party has failed to satisfy an obligation to the clerk7
of court in a judgment ordering the payment of court costs.8
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. 474
Abstract: Provides for the continuous revision of the Code of Civil Procedure.
Present law (C.C.P. Art. 683) provides for the enforcement of rights of unemancipated
minors by tutors appointed by a court of the state.
Proposed law (C.C.P. Art. 683) maintains present law and recognizes natural tutors as proper
plaintiffs.
Present law (C.C.P. Art. 966) provides for motions for summary judgment.
Proposed law (C.C.P. Art. 966 ) maintains present law and provides relative to requiring the
court to providing reasons on the record for denial of a motion for summary judgment.
Present law (C.C.P. Art. 1313) provides for service by mail, delivery, or electronic means.
Proposed law (C.C.P. Art. 1313) maintains present law and provides for service by
commercial courier.
Present law (C.C.P. Art. 2166) provides for dispositions of court of appeal judgments.
Proposed law (C.C.P. Art. 2166) provides for a five-day suspension of the finality of the
denial by the supreme court of writs of certiorari to enable the applicant to apply for a stay.
Present law (C.C.P. Art. 5188) provides for payment of costs by indigent parties.
Proposed law (C.C.P. Art. 5188) maintains present law and provides for entry of judgment
notwithstanding an indigent party's failure to pay costs.
(Amends C.C.P. Arts. 683(B), 966(B), 1313(C), 2166(E), and 5188; Adds C.C.P. Art.
1313(D))