HLS 12RS-934 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. 482
BY REPRESENTATIVE MONTOUCET
CIVIL/DISCOVERY: Provides for discovery in cases involving certain environmental
damage from oilfield operations
AN ACT1
To amend and reenact Code of Civil Procedure Article 1427, relative to civil discovery; to2
provide for the production of records, documents, and other information in certain3
actions; to provide for failure to produce; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Civil Procedure Article 1427 is hereby amended and reenacted6
to read as follows: 7
Art. 1427. Sequence and timing of discovery 8
A. Unless the court upon motion, for the convenience of parties and9
witnesses and in the interest of justice, orders otherwise, methods of discovery may10
be used in any sequence and the fact that a party is conducting discovery, whether11
by deposition or otherwise, shall not operate to delay any other party's discovery.12
B. In cases involving alleged contamination or environmental damage to13
property from oilfield operations, each defendant shall produce any and all records,14
documents, and electronically stored information within its possession, custody, or15
control pertaining to oilfield operations on the property involved in the lawsuit16
within thirty days after being served with the petition without the need for the17
plaintiff to file any formal discovery requests therefor. The failure of any defendant18
to provide this information in a timely manner shall be deemed a failure to provide19
discovery.20 HLS 12RS-934 ORIGINAL
HB NO. 482
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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)]
Montoucet HB No. 482
Abstract: Provides for discovery in cases involving alleged contamination or
environmental damage to property from oilfield operations.
Present law provides for the general methods of discovery and provides that the fact that a
party is conducting discovery, whether by deposition or otherwise, shall not operate to delay
any other party's discovery.
Proposed law provides for discovery in cases involving alleged contamination or
environmental damage to property from oilfield operations, and specifies that each defendant
shall produce any and all records, documents, and electronically stored information within
its possession, custody, or control within 30 days after being served with the petition without
the need for the plaintiff to file any formal discovery requests.
Proposed law provides that the failure of any defendant to provide discovery as provided by
proposed law in a timely manner shall be deemed a failure to provide discovery.
(Amends C.C.P. Art. 1427)