Louisiana 2012 2012 Regular Session

Louisiana Senate Bill SB429 Introduced / Bill

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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 429
BY SENATOR NEVERS 
CIVIL PROCEDURE. Provides relative to motions for judgment on offers of judgment and
time periods (8/1/12)
AN ACT1
To amend and reenact Code of Civil Procedure Article 970(A), relative to motions for2
judgment on offer of judgment; to provide relative to time periods; to provide for3
certain terms, conditions and procedures; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Civil Procedure Article 970(A) is hereby amended and reenacted6
to read as follows:7
Art. 970.  Motion for judgment on offer of judgment8
A. At any time more than thirty twenty days before the time specified for the9
trial of the matter, without any admission of liability, any party may serve upon an10
adverse party an offer of judgment for the purpose of settling all of the claims11
between them.  The offer of judgment shall be in writing and state that it is made12
under this Article; specify the total amount of money of the settlement offer; and13
specify whether that amount is inclusive or exclusive of costs, interest, attorney fees,14
and any other amount which may be awarded pursuant to statute or rule. Unless15
accepted, an offer of judgment shall remain confidential between the offeror and16
offeree. If the adverse party, within ten days after service, serves written notice that17 SB NO. 429
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
the offer is accepted, either party may move for judgment on the offer.  The court1
shall grant such judgment on the motion of either party.2
*          *          *3
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter
DIGEST
Present law allows a party at any time more than 30 days before the date of trial, without any
admission of liability, to serve upon an adverse party an offer of judgment to settle all claims
between them. 
Proposed law changes the time period to 20 days before date of trial. 
Effective August 1, 2012.
(Amends C.C.P. Art. 970(A))