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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 ENROLLED
SENATE BILL NO. 506
BY SENATOR CLAITOR
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 in a related criminal matter; to provide certain terms, conditions and4
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 by a district attorney in a related9
criminal matter10
A. Upon motion of the district attorney in a criminal proceeding, a court11
having jurisdiction over any related pending civil action or proceeding may, in12
the interests of justice and for good cause shown after a contradictory hearing13
with all parties in the civil action, stay all or a portion of discovery sought in14
such civil action or proceeding. The contradictory hearing shall be held by the15
court in the civil action within thirty days of the filing of the motion. Good16
cause shall include but not be limited to a finding by the court that such17
discovery will adversely affect the ability of the district attorney to conduct a18
related criminal investigation or the prosecution of a related felony criminal19
case.20
B. No provision of this Article shall prohibit a party to the stayed21
discovery proceeding from moving to have the stay subsequently lifted for good22
cause.23
C. Within thirty days after disposition in the trial court of the related24
ACT No. 664 SB NO. 506 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
criminal prosecution, in any matter where a stay has issued, the district1
attorney shall file an ex parte motion consenting to the termination of the stay.2
D. The time during which the civil proceeding is stayed pursuant to this3
Article shall not be used to compute the three-year abandonment period of the4
civil matter.5
E. No provisions of this Article shall have applicability to petitions or6
proceedings for divorce, custody, child support, visitation, or protective orders7
pursuant to Title 9 and Title 46 of the Louisiana Revised Statutes of 1950.8
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: