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Regular Session, 2012
HOUSE CONCURRENT RESOLUTI ON NO. 134
BY REPRESENTATIVE FOIL
A CONCURRENT RESOLUTI ON
To urge and request the Louisiana State Law Institute to study procedures relative to the
abandonment of civil actions and to report its findings and recommendations to the
legislature on or before January 1, 2014.
WHEREAS, the policy underlying dismissal of abandoned actions is prevention of
protracted litigation filed for the purpose of harassment or without a serious intent to pursue
the claim; and
WHEREAS, Code of Civil Procedure Article 561 provides for the dismissal of cases
in which a plaintiff's inaction demonstrates abandonment of his action; and
WHEREAS, inaction by a judgment creditor may sometimes be due to his inability
to serve a sophisticated judgment debtor who is intentionally avoiding service of process;
and
WHEREAS, it is inherently unfair to allow a sophisticated judgment debtor to avoid
service of process with the intent of having the action declared abandoned and dismissed by
the court.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request the Louisiana State Law Institute to study procedures relative to the
abandonment of civil actions and to report its findings and recommendations in the form of
specific proposed legislation to the Legislature of Louisiana on or before January 1, 2014.
BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted
to the director of the Louisiana State Law Institute.
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE