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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. 506
BY SENATOR CLAITOR
CIVIL PROCEDURE. Provides relative to staying discovery in civil proceedings for cause
shown by district attorney or defendant in a related criminal matter. (8/1/12)
AN ACT1
To enact Code of Civil Procedure Article 1426.1, relative to discovery; to provide relative2
to a stay of discovery in certain civil matters for good cause shown by a district3
attorney or defendant in a related criminal matter; to provide certain terms,4
conditions and procedures; 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
Art. 1426.1. Stay of discovery in civil matters; district attorney or criminal9
defendant in a related criminal matter10
A. Upon motion of the district attorney or the defendant in a criminal11
proceeding, a court having jurisdiction over any related pending civil action or12
proceeding may, in the interests of justice and for good cause shown after a13
contradictory hearing with all parties in the civil action, stay all or a portion of14
discovery sought in such civil action or proceeding. The contradictory hearing15
shall be held by the court in the civil action within thirty days of the filing of the16
motion. Good cause shall include, but not be limited to, a finding by the court17 SB NO. 506
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
that such discovery will adversely affect the ability of the district attorney to1
conduct a related criminal investigation or the prosecution of a related felony2
criminal case.3
B. No provision of this Article shall prohibit a party to the stayed4
discovery proceeding from moving to have the stay subsequently lifted for good5
cause.6
C. Within thirty days after disposition in the trial court of the related7
criminal prosecution, in any matter where a stay has issued, the district8
attorney shall file an ex parte motion consenting to the termination of the stay.9
D. The time during which the civil proceeding is stayed pursuant to this10
Article shall not be used to compute the three-year abandonment period of the11
civil matter.12
E. No provisions of this Article shall have applicability to petitions or13
proceedings for divorce, custody or child support.14
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
DIGEST
Claitor (SB 506)
Proposed law provides that, upon motion of the district attorney or the defendant in a
criminal proceeding, a court having jurisdiction over any related pending civil action or
proceeding may, in the interests of justice and for good cause shown after a contradictory
hearing with all parties in the civil action, stay all or a portion of discovery sought in such
civil action or proceeding. Provides that the contradictory hearing shall be held by the court
in the civil action within thirty days of the filing of the motion for stay. Further provides that
good cause shall include, but is not limited to, a finding by the court that such 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
disposition in the trial court, the district attorney shall file an ex parte motion consenting to
terminating the stay. Further provides that the time during which the civil proceeding is
stayed pursuant to this Article shall not be used to compute the three-year abandonment
period of the civil matter. Further provides that the proposed law shall not apply to petitions
or proceedings for divorce, custody or child support.
Effective August 1, 2012.
(Adds C.C.P. Art. 1426.1) SB NO. 506
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill.
1. Adds that, in addition to the district attorney, the defendant in a criminal
proceeding may file a motion for a stay in a related pending civil proceeding.
2. Adds that the court shall hold a contradictory hearing with all parties in the
civil action before staying all or a portion of the civil discovery, and that such
contradictory hearing shall be held within thirty days of the filing of the
motion.
3. Changes "conclusion" to "disposition in the trial court" of the criminal
matter.
4. Revises language relative to non-applicability to abandonment calculations.
5. Adds that this article shall not apply to child support proceedings.