HLS 12RS-3595 ORIGINAL
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Regular Session, 2012
HOUSE CONCURRENT RESOLUTI ON NO. 134
BY REPRESENTATIVE FOIL
CIVIL/ACTIONS: Requests the La. State Law Institute to study procedures relative to the
abandonment of civil actions
A CONCURRENT RESOLUTI ON1
To urge and request the Louisiana State Law Institute to study procedures relative to the2
abandonment of civil actions and to report its findings and recommendations to the3
legislature on or before January 1, 2014.4
WHEREAS, the policy underlying dismissal of abandoned actions is prevention of5
protracted litigation filed for the purpose of harassment or without a serious intent to pursue6
the claim; and7
WHEREAS, Code of Civil Procedure Article 561 provides for the dismissal of cases8
in which a plaintiff's inaction demonstrates abandonment of his action; and9
WHEREAS, inaction by a judgment creditor may sometimes be due to his inability10
to serve a sophisticated judgment debtor who is intentionally avoiding service of process;11
and12
WHEREAS, it is inherently unfair to allow a sophisticated judgment debtor to avoid13
service of process with the intent of having the action declared abandoned and dismissed by14
the court.15
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby16
urge and request the Louisiana State Law Institute to study procedures relative to the17
abandonment of civil actions and to report its findings and recommendations in the form of18
specific proposed legislation to the Legislature of Louisiana on or before January 1, 2014.19
BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted20
to the director of the Louisiana State Law Institute.21 HLS 12RS-3595 ORIGINAL
HCR NO. 134
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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)]
Foil HCR No. 134
Requests the La. State Law Institute to study procedures relative to the abandonment of civil
actions.