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Regular Session, 2013
HOUSE BILL NO. 589
BY REPRESENTATIVE ABRAMSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CIVIL/PROCEDURE: Provides a comprehensive revision of the Code of Civil Procedure
AN ACT1
To amend and reenact Code of Civil Procedure Articles 45, 966(E) and (F), 1702(A),2
1732(1), 1915(B), 1951, and 1979 and to enact Code of Civil Procedure Articles3
78.1, 927(A)(8), 966(G), 1553, and Chapter 8 of Title V of Book II of the Code of4
Civil Procedure, to be comprised of Articles 1815 through 1838, relative to civil5
procedure; to provide for application of rules to determine proper venue when two6
or more articles conflict; to provide venue for actions involving latent disease; to7
provide for a contradictory hearing in actions involving latent disease; to provide for8
the transfer of certain cases involving latent disease; to provide for the peremptory9
exception of immunity; to provide for submission of and objections to evidence for10
motions for summary judgment; to require proof supporting confirmation of a default11
judgment to be placed into the court record; to provide for limitations on jury trial12
threshold amounts; to provide for an expedited jury trial; to provide for the13
procedures for an expedited jury trial; to provide for the effect of a partial summary14
judgment; to require that certain conditions be met before a final judgment may be15
amended; to provide for exceptions; to require the court to specify its reasons for16
granting a motion for new trial; and to provide for related matters.17
Be it enacted by the Legislature of Louisiana:18 HLS 13RS-596 ORIGINAL
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Section 1. Code of Civil Procedure Articles 45, 966(E) and (F), 1702(A), 1732(1),1
1915(B), 1951, and 1979 are hereby amended and reenacted and Code of Civil Procedure2
Articles 78.1, 927(A)(8), 966(G) are hereby enacted to read as follows: 3
Art. 45. Conflict between two or more articles in Chapter4
The following rules determine the proper venue in cases where two or more5
articles in this Chapter may conflict:6
(1) Article 78, 78.1, 79, 80, 81, 82, or 83, 84, 86, or 87 governs the venue7
exclusively, if this article conflicts with any of Articles 42 and 71 through 77;8
(2) If there is a conflict between two or more of Articles 78 through, 78.1,9
79, 80, 81, 82, 83, 84, 86, or 87, the plaintiff may bring the action in any venue10
provided by any applicable article; and11
(3) If Article Articles 78, 78.1, 79, 80, 81, 82, or 83 is not , 84, 86, and 8712
are not applicable, and there is a conflict between two or more of Articles 42 and 7113
through 77, the plaintiff may bring the action in any venue provided by any14
applicable article.15
* * *16
Art. 78.1. Latent disease actions; forum non conveniens17
A. An action involving a latent disease, including but not limited to asbestos18
or silica-related disease, shall be brought in the parish in which the plaintiff alleges19
substantial exposure to asbestos, silica, or any other alleged toxic or injury-causing20
substance, except a direct action against a foreign or alien insurer may also be21
brought in accordance with Article 42(7).22
B.(1) If substantial exposure is alleged in more than one parish, a district23
court, upon contradictory motion or upon the court's own motion after contradictory24
hearing, may transfer the case to a more appropriate district court where it may have25
been brought, considering the convenience of the parties and the witnesses, the26
amount and length of exposure alleged in each parish, and the interest of justice.27
(2) Notwithstanding the provisions of Subparagraph (1) of this Paragraph,28
no suit brought in the parish in which the plaintiff is domiciled, and in a court which29 HLS 13RS-596 ORIGINAL
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is otherwise a court of competent jurisdiction and proper venue, shall be transferred1
to any other court pursuant to this Article.2
C. Allegations, presentation of evidence, and findings in accordance with3
this Article shall not:4
(1) Result in any presumption at trial that a party was exposed as alleged nor5
that he is impaired by an asbestos-related, silica-related, or other alleged latent6
disease.7
(2) Be conclusive as to the liability of any defendant.8
(3) Be admissible at trial, unless otherwise admissible in accordance with the9
Code of Evidence.10
(4) Result in any instruction by the court to the jury with respect to the11
allegations, presentation of evidence, and findings in accordance with this Article12
and no counsel for any party, nor any witness, shall inform the jury or potential13
jurors of any showing or finding subject to appropriate sanctions.14
* * *15
Art. 927. Objections raised by peremptory exception16
A. The objections which may be raised through the peremptory exception17
include but are not limited to the following:18
(8) Immunity.19
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Art. 966. Motion for summary judgment; procedure21
* * *22
E.(1) A summary judgment may be rendered dispositive of a particular issue,23
theory of recovery, cause of action, or defense, in favor of one or more parties, even24
though the granting of the summary judgment does not dispose of the entire case;25
however, a.26
F.(1) A summary judgment shall may be rendered or affirmed only as to27
those issues set forth in the motion under consideration by the court at that time.28 HLS 13RS-596 ORIGINAL
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(2) Only evidence admitted cited and attached to the motion for summary1
judgment shall or opposition may be considered by the court in its ruling on the2
motion. Objections to evidence in support of or in opposition to a motion for3
summary judgment may be raised in a motion to strike or memorandum stating the4
specific grounds therefor.5
F.G.(1) When the court grants a motion for summary judgment in6
accordance with the provisions of this Article, that a party or nonparty is not7
negligent, not at fault, or did not cause, whether in whole or in part, the injury or8
harm alleged, that party or nonparty shall not be considered in any subsequent9
allocation of fault. Evidence shall not be admitted at trial to establish the fault of that10
party or nonparty nor shall the issue be submitted to the jury nor included on the jury11
verdict form. This Paragraph shall not apply when a summary judgment is granted12
solely on the basis of the successful assertion of an affirmative defense in accordance13
with Article 1005, except for negligence or fault.14
* * *15
Art. 1702. Confirmation of default judgment16
A. A judgment of default must be confirmed by proof of the demand17
sufficient to establish a prima facie case and that is admitted on the record prior to18
confirmation. The court may require that documentary evidence be placed in the19
record in an electronically stored form. If no answer is filed timely, this20
confirmation may be made after two days, exclusive of holidays, from the entry of21
the judgment of default. When a judgment of default has been entered against a22
party that is in default after having made an appearance of record in the case, notice23
of the date of the entry of the judgment of default must be sent by certified mail by24
the party obtaining the judgment of default to counsel of record for the party in25
default, or if there is no counsel of record, to the party in default, at least seven days,26
exclusive of holidays, before confirmation of the judgment of default.27
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Art. 1732. Limitation upon jury trials1
A trial by jury shall not be available in:2
(1) A suit where the amount of no individual petitioner's cause of action3
exceeds fifty thousand dollars exclusive of interest and costs. If a defendant is4
entitled to trial by jury pursuant to this Article at the time of filing suit and has5
otherwise complied with the procedural requirements for asserting that right, that6
defendant may retain the right to a trial by jury even if the plaintiff later stipulates7
or otherwise admits that the amount of the cause of action does not exceed fifty8
thousand dollars exclusive of interest and costs.9
* * *10
Art. 1915. Partial final judgment; partial judgment; partial exception; partial11
summary judgment12
* * *13
B.(1) When a court renders a partial judgment or partial summary judgment14
or sustains an exception in part, as to one or more but less than all of the claims,15
demands, issues, or theories against a party, whether in an original demand,16
reconventional demand, cross-claim, third party third-party claim, or intervention,17
the judgment shall not constitute a final judgment unless it is designated as a final18
judgment by the court after an express determination that there is no just reason for19
delay.20
(2) In the absence of such a determination and designation, any such order21
or decision which adjudicates fewer than all claims or the rights and liabilities of22
fewer than all the parties, shall not terminate the action as to any of the claims or23
parties and shall not constitute a final judgment for the purpose of an immediate24
appeal. Any such order or decision issued and may be revised at any time prior to25
rendition of the judgment adjudicating all the claims and the rights and liabilities of26
all the parties.27
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Art. 1951. Amendment of judgment1
A final judgment may be amended by the trial court at any time, with or2
without notice, on its own motion or on motion of any party:3
(1) To alter the phraseology of the judgment, but not the substance; or4
(2) To correct errors of calculation.5
On motion of the court or any party, a final judgment may be amended at any6
time to alter the phraseology of the judgment, but not its substance, or to correct7
errors of calculation. The judgment may be amended only after a hearing with notice8
to all parties, except that a hearing is not required if all parties consent or if the court9
or the party submitting the amended judgment certifies that it was provided to all10
parties at least five days before the amendment and that no opposition has been11
received.12
* * *13
Art. 1979. Summary decision on motion; maximum delays14
The court shall decide on a motion for a new trial within ten days from the15
time it is submitted for decision. The time may be extended for a specified period16
upon the written consent or stipulation of record by the attorneys representing all17
parties. When the court grants a motion for new trial, it shall specify each of its18
reasons in the order.19
Section 2. Code of Civil Procedure Article 1553 and Chapter 8 of Title V of Book20
II of the Code of Civil Procedure, comprised of Articles 1815 through 1838, are hereby21
enacted to read as follows:22
Art. 1553. Expedited jury trial pre-trial conference; order23
A. If an expedited jury trial has been requested, the parties shall prepare and24
present to the court at the pre-trial conference a proposed joint pre-trial order25
containing the following:26
(1) A list of all witnesses for each party.27
(2) A list of all exhibits for each party.28 HLS 13RS-596 ORIGINAL
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(3) A list of all experts and a designation as to whether each of them will1
testify in person, by report, or by deposition.2
(4) A certification that each party can present its case within the time limits3
of Article 1828.4
B. The pre-trial order may, by agreement of the parties, contain additional5
stipulations, which shall be binding on the court and all parties, including but not6
limited to the following:7
(1) A limitation of damages to an amount not in excess of the stated limits8
of a policy of insurance.9
(2) Any maximum or minimum amounts that shall apply to the jury's verdict.10
(3) A waiver of any right to an appeal or limitations as to appealable issues.11
(4) A waiver of any right to move for a new trial.12
(5) A waiver of any provision of the Code of Evidence.13
(6) An agreement as to the payment of the cash deposit for the jury costs.14
C. The court shall conduct the expedited jury trial within one hundred twenty15
days after the pre-trial conference.16
D. The date of the expedited jury trial shall be set at the pre-trial conference17
even if discovery has not yet been completed.18
E. In the pre-trial order, the court shall fix the deadline for filing the cash19
deposit, which shall be no later than thirty days prior to trial.20
F. The parties or their attorneys, as well as the court, shall sign the pre-trial21
order and file it into the record. The signature of a party or his attorney shall22
constitute a certification that the party agreed to the terms of the pre-trial order and23
an expedited jury trial.24
G. The court may amend a pre-trial order at any time, but only with the25
agreement of all parties.26
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CHAPTER 8. EXPEDITED JURY TRIALS1
Art. 1815. Expedited jury trials2
An expedited jury trial is a method of trial by jury in which the parties3
present their evidence in an efficient, expedited fashion.4
Art. 1816. Joint motion for an expedited jury trial5
Upon joint motion of all parties for an expedited jury trial, the court shall set6
the matter for a pre-trial conference in accordance with Article 1553 to be held7
within forty-five days after the signing of the order. An expedited jury trial shall be8
allowed whether or not any party previously requested a trial by jury.9
Art. 1817. Agreement for an expedited jury trial10
An agreement to try an action by expedited jury trial shall not be made prior11
to the institution of the action.12
Art. 1818. Cash deposit; procedure13
A. The court shall fix the cash deposit for the jury costs at an amount14
sufficient for payment of all costs associated with the expedited jury trial, including15
juror fees and expenses and charges of the clerk of court.16
B. If the deposit is not timely made, the other parties shall have an additional17
ten days to make the required deposit.18
Art. 1819. Motion for summary judgment19
All motions for summary judgment in which an expedited jury trial has been20
granted shall be filed at least sixty days prior to the trial date.21
Art. 1820. Jurors22
In cases to be tried by an expedited jury trial, six jurors shall be chosen by lot23
to try all issues.24
Art. 1821. Service to jurors25
All jurors shall be served by regular mail.26
Art. 1822. Swearing of juror before examination27
Before being examined, every prospective juror shall be sworn and shall28
affirm to answer truthfully such questions as may be propounded to him.29 HLS 13RS-596 ORIGINAL
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Art. 1823. Examination of juror1
A. The court shall examine prospective jurors as to their qualifications and2
may conduct such further examination as it deems appropriate.3
B. The parties or their attorneys may individually conduct an examination4
of all prospective jurors, not to exceed a total of twenty minutes for each side.5
Art. 1824. Challenges for cause6
A juror may be challenged for cause in accordance with Articles 17657
through 1767.8
Art. 1825. Peremptory challenges9
Each side is allowed two peremptory challenges. If there is more than one10
party on any side, the court may allow each side one additional challenge.11
Art.1826. Swearing of jurors; selection of foreperson12
The jurors shall be sworn and the foreperson shall be selected in accordance13
with Article 1768.14
Art. 1827. Alternate jurors15
No alternate juror shall be called or selected in an expedited jury trial.16
Art. 1828. Procedure in expedited jury trials17
Each side shall be allowed three hours to present its case, including opening18
statements, direct examination, cross-examination, rebuttal, and closing arguments.19
Opening statements shall not exceed ten minutes for each side, and closing20
arguments shall not exceed fifteen minutes for each side. Time spent on objections21
and bench conferences are not included in the time limits.22
Art. 1829. Exhibits23
A. At least thirty days prior to the expedited jury trial, the parties shall24
exchange copies of all proposed exhibits they plan to offer at trial.25
B. Objections to exhibits shall be made at least twenty days prior to the trial.26
At least five days prior to trial, the court shall rule on the admissibility of any exhibit27
to which an objection has been made. If no objection is made at least twenty days28
prior to the trial, the exhibit shall be admitted.29 HLS 13RS-596 ORIGINAL
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C. All exhibits shall be marked and admitted into evidence at the beginning1
of trial.2
Art. 1830. Expert witnesses3
A. Expert witnesses may testify in person, or their testimony may be4
presented by reports, depositions, or video depositions. If an expert witness is called5
to testify in person at trial, the party calling the expert shall be responsible for all of6
his expert fees, which shall not be taxed as court costs.7
B. All motions challenging the qualifications or methodologies of an expert8
witness shall be filed and heard by the court in accordance with Article 1425(F).9
C. An expert who is listed in the pre-trial order shall be allowed to testify at10
trial unless the court precludes his testimony by an order issued in response to a11
pre-trial motion.12
D. All expert reports to be introduced at trial shall be exchanged prior to the13
pre-trial conference.14
Art. 1831. Charge to jury15
A. At any time during the trial, the court may instruct the jury on the law16
applicable to any issue in the case.17
B. After the trial of the case and the presentation of all the evidence and18
arguments, the court shall give a charge to the jury on the applicable law. The court19
shall provide to the parties a written copy of the charge prior to the trial.20
C. The jury may take with them or have sent to them a written copy of all21
instructions and charges.22
Art. 1832. Juror notes23
Jurors shall be permitted to take notes in accordance with Article 1794.24
Art. 1833. Taking evidence into the jury room25
The court shall allow the jury to take with them into the jury room any object,26
writing, or exhibit, except depositions, that has been admitted into evidence.27 HLS 13RS-596 ORIGINAL
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Art. 1834. Number required for verdict1
Five of the six jurors must concur to render a verdict unless the parties2
stipulate otherwise. In the event that one juror becomes unable to serve, four out of3
the five remaining jurors must concur to render a verdict. If there are fewer than five4
jurors, a mistrial shall be granted, unless the parties agree otherwise on the record.5
Art. 1835. General verdict6
A. The court shall submit to the jury the general verdict form and written7
interrogatories agreed upon by all parties.8
B. If the parties cannot agree on a verdict form and interrogatories, the court9
shall inform the parties, prior to closing arguments, of the verdict form and10
interrogatories it intends to submit to the jury. The parties shall be given a11
reasonable opportunity to make any objections to the court's verdict form and12
interrogatories.13
Art. 1836. Post-verdict relief14
After an expedited jury trial, any party may file motions in accordance with15
Articles 1811, 1814, and 1971 through 1979 unless the parties have waived the right16
by stipulation in open court or in the pre-trial order.17
Art. 1837. Appeals18
Following an expedited jury trial, the parties shall be allowed to appeal in19
accordance with the procedure for appeals in Book III of this Code. The parties may20
waive the right to appeal in the pre-trial order or by stipulation in open court.21
Art. 1838. Applicability of general rules of trial by jury22
Except as expressly provided in this Chapter, the general rules applicable to23
trial by jury shall apply.24
Section 3. Section 2 of this Act shall become effective on January 1, 2014, and shall25
apply to all actions pending on that date or filed thereafter.26 HLS 13RS-596 ORIGINAL
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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)]
Abramson HB No. 589
Abstract: Provides for a comprehensive revision of the Code of Civil Procedure relative
to venue in general, venue and forum non conveniens procedures for actions
involving certain latent diseases, the peremptory exception of immunity, submission
of evidence for the purposes of a motion for summary judgment, procedures
governing objections to submitted evidence, the effect of a partial summary
judgment, proof supporting confirmation of a default judgment, defendant's right to
demand a jury trial when a plaintiff has stipulated to a cause of action less than
$50,000, expedited jury trials and the procedures by which they are conducted,
amendments to a final judgment, and reasons for granting a motion for new trial.
Present law (C.C.P. Art. 45) provides for application of rules to determine proper venue
when two or more C.C.P. articles conflict.
Proposed law retains present law and adds articles addressing proper venue in actions
involving latent diseases, actions involving certain retirement systems and employee benefit
programs, actions involving voting trusts, and actions involving application for
compensation for wrongful conviction and imprisonment to the list of articles providing
exclusive venue and the rules for application when two or more articles conflict.
Proposed law (C.C.P. Art. 78.1) provides that actions involving latent diseases, including
asbestos and silica, shall be brought in the parish in which the plaintiff alleges substantial
exposure, except direct actions against a foreign or alien insurer may also be brought in East
Baton Rouge Parish.
Proposed law provides that if exposure is alleged in more than one parish, the court shall
determine which parish has the most significant contacts based on the amount and length of
exposure and may transfer the action to that parish.
Proposed law provides that when two or more venue articles conflict, proposed law governs
the venue exclusively.
Proposed law prohibits the transfer of a suit brought in the domicile of the plaintiff and in
a court which is otherwise a court of competent jurisdiction and proper venue.
Proposed law provides that allegations, evidence, and findings in accordance with proposed
law shall not result in any presumptions at trial, be conclusive as to liability, be admissible
at trial unless admissible under Code of Evidence, or result in any special instructions to the
jury.
Present law (C.C.P. Art. 927) provides for objections to be raised by a peremptory exception
including: (1) prescription, (2) peremption, (3) res judicata, (4) nonjoinder of a party, (5)
no cause of action, (6) no right of action, and (7) discharge in bankruptcy.
Proposed law retains present law and adds immunity to the list.
Present law (C.C.P. Art. 966) provides the procedure by which a party may move for a
summary judgment. Requires the court to render a decision only as to those issues raised in
the motion under consideration. HLS 13RS-596 ORIGINAL
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Proposed law changes present law by giving the court discretion in rendering a decision only
as to those issues raised in the motion under consideration.
Present law requires the court to consider only evidence admitted for the purposes of the
motion for summary judgment in its ruling.
Proposed law changes present law to allow the court to consider evidence submitted for the
purposes of summary judgment and provides that a party can object to evidence submitted
for the purposes of the motion for summary judgment through a motion to strike or a
memorandum that provides the specific grounds for the objection.
Present law (C.C.P. Art. 1702) provides for confirmation of default judgments.
Proposed law retains present law and requires the proof supporting confirmation of a default
judgment to be placed into the court record prior to judgment. Provides that the court may
require the proof to be in electronic form.
Present law (C.C.P. Art. 1732) provides that a trial by jury shall not be available in a suit
where the amount of no individual petitioner's cause of action exceeds $50,000 exclusive of
interests and costs.
Proposed law provides that a defendant may retain the right to a trial by jury even if the
plaintiff has stipulated that the cause of action does not exceed $50,000 when that defendant
is entitled to trial by jury pursuant to present law at the time of filing suit and has complied
with the procedural requirements for asserting that right.
Proposed law provides procedures for an expedited jury trial.
Proposed law (C.C.P. Art. 1553) provides that the court shall schedule a pre-trial conference
with the parties, that the parties shall have a pre-trial order at the pre-trial conference, and
that the parties shall certify that they agree to an expedited jury trial.
Proposed law (C.C.P. Art. 1816) provides that upon a joint motion of all parties, the court
shall set the matter for a pre-trial conference in accordance with proposed law to be held
within 45 days of the signing of the order.
Proposed law (C.C.P. Art. 1817) provides that parties shall not agree to an expedited jury
trial in advance of the institution of the action.
Proposed law (C.C.P. Art. 1818) provides the amount that the court shall fix for the cash
deposit for an expedited jury trial and the time period during which the deposit must be
made.
Proposed law (C.C.P. Art. 1819) provides that parties to an expedited jury trial shall file all
motions for summary judgment 60 days prior to the trial date.
Proposed law (C.C.P. Art. 1820) provides that six jurors shall be chosen by lot to try all
issues present in an expedited jury trial.
Proposed law (C.C.P. Art. 1821) provides that all jurors of an expedited jury trial shall be
served by regular mail.
Proposed law (C.C.P. Art. 1822) provides that before examination, every prospective juror
shall be sworn and affirm to answer truthfully questions propounded to him.
Proposed law (C.C.P. Art. 1823) provides that the court shall examine prospective jurors,
and the parties may conduct an examination of all such jurors but no more than twenty
minutes in total. HLS 13RS-596 ORIGINAL
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Proposed law (C.C.P. Art. 1824) provides that a juror can be challenged for cause in
accordance with Code of Civil Procedure Articles 1765-1767.
Proposed law (C.C.P. Art. 1825) provides that each side is allowed two peremptory
challenges, but if there is more than one party on either side, the court can allow additional
challenges.
Proposed law (C.C.P. Art. 1826) provides that jurors shall be sworn and a foreperson
selected in accordance with Code of Civil Procedure Article 1768.
Proposed law (C.C.P. Art. 1827) provides that no alternate jurors shall be called or selected
in an expedited jury trial.
Proposed law (C.C.P. Art. 1828) provides that the entire expedited jury trial shall not exceed
six hours, the opening statements shall not exceed 10 minutes per side, closing arguments
shall not exceed 15 minutes per side, and that time spent on objections and bench conference
does not count against the six-hour time limit.
Proposed law (C.C.P. Art. 1829) provides that no later than 30 days prior to trial, the parties
shall exchange all exhibits they plan to offer at trial, the time limits during which a party can
object to exhibits, when the court must rule on the admissibility of the exhibits, and when
exhibits shall be marked and admitted into evidence.
Proposed law (C.C.P. Art. 1830) provides for expert witnesses to testify in person, by
reports, depositions, or video depositions and that each side shall pay for his expert fees, that
all motions challenging an expert shall be filed and heard in accordance with Code of Civil
Procedure Article 1425(F), and that all expert reports to be used at trial shall be exchanged
prior to the pre-trial conference.
Proposed law (C.C.P. Art. 1831) provides that the court may instruct the jury as to any
applicable law, the court shall provide the parties a written copy of the charge prior to the
trial, and the jury can take with it or have sent to it a written copy of all instructions and
charges.
Proposed law (C.C.P. Art. 1832) provides that, in accordance with Code of Civil Procedure
Article 1794, jurors can take notes.
Proposed law (C.C.P. Art. 1833) provides that jurors can take any object, writing, or exhibit
that has been admitted into evidence, with the exception of depositions, into the jury room.
Proposed law (C.C.P. Art. 1834) provides for the number of jurors that must concur for a
verdict to be rendered, and that if fewer than five agree, a mistrial must be granted unless the
parties agree otherwise on the record.
Proposed law (C.C.P. Art. 1835) provides that the court shall submit the general verdict form
and interrogatories agreed upon by the parties; otherwise, the court shall give the parties a
reasonable time to object to the court's supplied verdict form and interrogatories.
Proposed law (C.C.P. Art. 1836) provides that unless the parties have waived a motion by
stipulation in open court or in the pre-trial order, any party may file a motion in accordance
with the Code of Civil Procedure Articles 1811, 1814, and 1971-1979.
Proposed law (C.C.P. Art. 1837) provides that unless the parties have waived the right to
appeal by stipulation in open court or in the pre-trial order, a party may appeal in accordance
with the procedure for appeals in Book III of the Code of Civil Procedure.
Proposed law (C.C.P. Art. 1838) provides that except as provided for in proposed law, the
general rules applicable to jury trials apply. HLS 13RS-596 ORIGINAL
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Present law (C.C.P. Art. 1915) authorizes the court to render a final judgment when it does
one of the following:
(1)Dismisses the suit.
(2)Grants a motion for judgment on the pleadings.
(3)Grants a motion for summary judgment except when summary judgment does not
dispose of the entire case.
(4)Signs a judgment on the principal or incidental demand.
(5)Signs a judgment on the issue of liability when the issues of liability and damages
have been tried separately.
(6)Imposes sanctions pursuant to various provisions of present law.
Present law further provides that a partial judgment or partial summary judgment that does
not address all of the claims, demand, issues, or theories is not a final judgment unless the
court specifically designates it as such after an express determination that there is no reason
for delay. Provides that absent the required designation and determination, an order that
does not adjudicate all claims or the rights of all parties does not terminate the action and is
not a final judgment for purposes of an immediate appeal.
Proposed law retains present law except that it deletes the prohibition of terminating an
action if a partial judgment or partial summary judgment does not adjudicate all claims or
the rights of all parties.
Present law (C.C.P. Art. 1951) provides for amendment to judgments to correct phraseology
or errors of calculation.
Proposed law retains present law and requires a hearing before amending a final judgment,
unless the parties consent or no opposition is filed after notice of the proposed amendment.
Present law (C.C.P. Art. 1979) requires the court to render a decision on a motion for new
trial within 10 days of the submission of the motion. Allows the time to be extended if the
parties agree.
Proposed law retains present law and requires the court to specify its reasons for granting
a motion for a new trial.
Effective on January 1, 2014.
(Amends C.C.P. Arts. 45, 966(E) and (F), 1702(A), 1732(1), 1915(B), 1951, and 1979; Adds
C.C.P. Arts. 78.1, 927(A)(8), 966(G), 1553, and 1815-1838)