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Regular Session, 2012
HOUSE BILL NO. 474
BY REPRESENTATIVE ABRAMSON
(On Recommendation of the Louisiana State Law Institute)
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
* * *14
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
* * *19
Comment - 201220
Article 686(B) has been amended to remove the words "appointed by a court21
of this state" in order to conform with Article 4061.1, which provides that a natural22 ENROLLEDHB NO. 474
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tutor may file an action for damages based on a delictual obligation without1
obtaining court approval.2
* * *3
Art. 966. Motion for summary judgment; procedure4
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B. The motion for summary judgment, memorandum in support thereof, and6
supporting affidavits shall be served within the time limits provided in District Court7
Rule 9.9. For good cause, the court shall give the adverse party additional time to8
file a response, including opposing affidavits or depositions. The adverse party may9
serve opposing affidavits, and if such opposing affidavits are served, the opposing10
affidavits and any memorandum in support thereof shall be served pursuant to11
Article 1313 within the time limits provided in District Court Rule 9.9. The12
judgment sought shall be rendered forthwith if the pleadings, depositions, answers13
to interrogatories, and admissions on file, together with the affidavits, if any, show14
that there is no genuine issue as to material fact, and that mover is entitled to15
judgment as a matter of law. If the motion for summary judgment is denied, the16
court should provide reasons for the denial on the record, either orally upon rendition17
or in writing sua sponte or upon request of a party within ten days of rendition.18
* * *19
Comment–201220
The last sentence was added to Article 966(B) to encourage the court upon21
a request of a party to state reasons on the record after denying a motion for22
summary judgment. This change was taken from a similar amendment to FRCP23
56(a) effective on December 1, 2010. Reasons for denying a motion for summary24
judgment may facilitate appellate review by supervisory writ or subsequent trial25
court proceedings. When the court grants an appealable summary judgment, Article26
1917 requires the court to give in writing its findings of fact and reasons for27
judgment upon timely request of a party.28
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Art. 1313. Service by mail, delivery, or electronic means30
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C. Notwithstanding Paragraph A of this Article, if a pleading or order sets32
a court date, then service shall be made either by registered or certified mail or as33
provided in Article 1314., or by actual delivery by a commercial courier.34 ENROLLEDHB NO. 474
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D. For purposes of this Article, a "commercial courier" is any foreign or1
domestic business entity having as its primary purpose the delivery of letters and2
parcels of any type, and that:3
(1) Acquires a signed receipt from the addressee, or the addressee's agent,4
of the letter or parcel upon completion of delivery.5
(2) Has no direct or indirect interest in the outcome of the matter to which6
the letter or parcel concerns.7
Comment–20128
Article 1313 has been amended to add service by commercial courier as an9
option. The definition of "commercial courier" is taken from R.S. 13:3204(D).10
* * *11
Art. 2166. Rehearing, court of appeal judgment; finality; stay12
* * *13
E. If an application for certiorari to the supreme court is timely filed, a14
judgment of the court of appeal becomes final and definitive when the supreme court15
denies the application for certiorari after a delay of five days, exclusive of legal16
holidays, commencing to run on the day after the clerk has mailed the denial by the17
supreme court of the application for certiorari. The supreme court may stay the18
execution of the judgment of the court of appeal pending a timely application for19
certiorari or an appeal to the United States Supreme Court.20
Comment–201221
The 2012 amendment to Paragraph E adds an automatic five-day suspension22
of the finality of the denial by the supreme court of a writ of certiorari in order to23
enable the applicant to apply for a stay.24
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Art. 5188. Unsuccessful party condemned to pay costs26
Except as otherwise provided by Articles 1920 and 2164, if judgment is27
rendered against a party who has been permitted to litigate without the payment of28
costs, he shall be condemned to pay the costs incurred by him, in accordance with29
the provisions of Article 5186, and those recoverable by the adverse party. The30 ENROLLEDHB NO. 474
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failure of the indigent party to pay the costs specified in this Article shall not prevent1
entry of a judgment in favor of any party who is not responsible for the costs.2
Comment–20123
Article 5188 was amended to make clear that the court cannot refuse to sign4
a judgment because an indigent party has failed to satisfy an obligation to the clerk5
of court in a judgment ordering the payment of court costs.6
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: