HLS 12RS-3597 ORIGINAL
Page 1 of 2
Regular Session, 2012
HOUSE STUDY REQUEST NO. 3
BY REPRESENTATIVE HARRISON
CIVIL/PROCEDURE: Requests the House Committee on Civil Law and Procedure to study
provisions relative to the recovery of attorney fees in civil actions
A STUDY REQUEST1
To the House Committee on Civil Law and Procedure to study the Code of Civil Procedure2
with regard to the ability of a party to recover attorney fees incurred in the3
prosecution or defense of a civil action and to report its findings to the House of4
Representatives prior to the convening of the 2013 Regular Session of the5
Legislature of Louisiana.6
WHEREAS, in most circumstances under current law, each party to a civil action is7
required to pay the attorney fees he has incurred during the prosecution or defense of the8
action; and9
WHEREAS, parties to civil actions frequently have to litigate spurious or frivolous10
claims or defenses; and11
WHEREAS, even though the court may dismiss a spurious or frivolous claim or12
defense, the prevailing party is obligated to pay his own attorney fees incurred in litigating13
the claim or defense; and14
WHEREAS, House Bill No. 263 of the 2012 Regular Session of the Legislature15
proposed to amend various articles of the Code of Civil Procedure in order to mandate the16
award of attorney fees in certain circumstances; and17
WHEREAS, other states such as Texas have established procedures which enable the18
prevailing party in such situations to recover the reasonable attorney fees incurred in19
litigating a claim or defense; and20 HLS 12RS-3597 ORIGINAL
HSR NO. 3
Page 2 of 2
WHEREAS, it would be beneficial to the citizens and businesses of this state to study1
this issue, with the assistance and testimony of representatives from agencies or other2
organizations such as:3
(1)The Judicial Council of the Supreme Court of Louisiana.4
(2)The Louisiana District Judges Association.5
(3)The Louisiana State Bar Association.6
(4)Paul M. Hebert Law Center.7
(5)Southern University Law Center.8
(6)Loyola University College of Law.9
(7)Tulane University Law School.10
(8)Louisiana Property and Casualty Insurance Commission.11
THEREFORE, the House of Representatives of the Legislature of Louisiana requests12
the House Committee on Civil Law and Procedure to study the Code of Civil Procedure with13
regard to the ability of a party to recover attorney fees incurred in the prosecution or defense14
of a civil action and to report its findings to the House of Representatives prior to the15
convening of the 2013 Regular Session of the Legislature of Louisiana.16
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)]
Harrison HSR No. 3
Requests the House Committee on Civil Law and Procedure to study the Code of Civil
Procedure with regard to the ability of a party to recover attorney fees incurred in the
prosecution or defense of a civil action.