SLS 12RS-876 ORIGINAL
Page 1 of 2
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. 506
BY SENATOR CLAITOR
CIVIL PROCEDURE. Provides relative to staying discovery in civil proceedings for cause
shown by district attorney conducting a related criminal investigation. (8/1/12)
AN ACT1
To enact Code of Civil Procedure Article 1426.1, relative to discovery; to provide relative2
to stay of discovery in civil proceedings for good cause shown by district attorney3
conducting a related criminal investigation; to provide certain terms and procedures;4
and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Civil Procedure Article 1426.1 is hereby enacted to read as7
follows:8
(1) Upon the motion of the district attorney for good cause shown, the9
court may, as justice requires, stay any civil discovery proceedings. Good cause10
includes, but is not limited to, a finding by the court that civil discovery will11
adversely affect the ability of the district attorney to conduct a related criminal12
investigation or the prosecution of a related felony criminal case.13
(2) No provision of this Article shall prohibit a party to the stayed14
discovery proceeding from moving to have the stay subsequently lifted for good15
cause.16
(3) Within thirty days of the conclusion of the related criminal17 SB NO. 506
SLS 12RS-876 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
prosecution, in any matter where a stay has issued, the district attorney shall1
file an ex parte motion consenting to the termination of the stay.2
(4) No matter in which a stay has been issued pursuant to this Article3
shall be subject to dismissal for abandonment.4
(5) No provision of this Article shall have applicability to petitions for5
divorce or custody. 6
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
DIGEST
Proposed law provides that the court may, upon motion of the district attorney for good
cause shown, stay any civil discovery proceedings. Further provides that good cause
includes, but is not limited to, a finding by the court that civil discovery will adversely affect
the ability of the district attorney to conduct a related criminal investigation or the
prosecution of a related felony criminal case.
Proposed law further provides that a party to the stayed discovery proceeding may move to
have the stay subsequently lifted for good cause. Further provides that within 30 days of the
conclusion of the related criminal prosecution, the district attorney shall file an ex parte
motion consenting to terminating the stay. Further provides that no matter in which a stay
has been issued shall be subject to dismissal for abandonment. Further provides that the
proposed law shall not apply to petitions for divorce or custody.
Effective August 1, 2012.
(Adds C.C.P. Art. 1426.1)