HLS 13RS-596 ENGROSSED
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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 966(E) and (F), 1732(1), and2
1915(B) and to enact Code of Civil Procedure Article 966(G), relative to civil3
procedure; to provide for submission of and objections to evidence for motions for4
summary judgment; to provide for limitations on jury trial threshold amounts; to5
provide for the effect of a partial summary judgment; to require notice of hearing to6
certain persons; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Code of Civil Procedure Articles 45, 966(E) and (F), 1732(1), and9
1915(B) are hereby amended and reenacted and Code of Civil Procedure Article 966(G) is10
hereby enacted to read as follows: 11
Art. 966. Motion for summary judgment; procedure12
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E.(1) A summary judgment may be rendered dispositive of a particular issue,14
theory of recovery, cause of action, or defense, in favor of one or more parties, even15
though the granting of the summary judgment does not dispose of the entire case as16
to that party or parties ; however, a.17
F.(1) A summary judgment shall may be rendered or affirmed only as to18
those issues set forth in the motion under consideration by the court at that time.19
(2) Only evidence admitted cited and attached to the motion for summary20
judgment shall or opposition may be considered by the court in its ruling on the21 HLS 13RS-596 ENGROSSED
HB NO. 589
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motion. Objections to evidence in support of or in opposition to a motion for1
summary judgment may be raised in a memorandum in support thereof or in a2
motion to strike stating the specific grounds therefor.3
F.G.(1) When the court grants a motion for summary judgment in4
accordance with the provisions of this Article, that a party or nonparty is not5
negligent, not at fault, or did not cause, whether in whole or in part, the injury or6
harm alleged, that party or nonparty shall not be considered in any subsequent7
allocation of fault. Evidence shall not be admitted at trial to establish the fault of that8
party or nonparty nor shall the issue be submitted to the jury nor included on the jury9
verdict form. This Paragraph shall not apply when a summary judgment is granted10
solely on the basis of the successful assertion of an affirmative defense in accordance11
with Article 1005, except for negligence or fault.12
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Art. 1732. Limitation upon jury trials14
A trial by jury shall not be available in:15
(1) A suit where the amount of no individual petitioner's cause of action16
exceeds fifty thousand dollars exclusive of interest and costs, except as follows:17
(a) If an individual petitioner stipulates or otherwise judicially admits ninety18
days or more prior to a trial that the amount of the individual petitioner's cause of19
action does not exceed fifty thousand dollars exclusive of interest and costs, a20
defendant shall not be entitled to a trial by jury.21
(b) If an individual petitioner stipulates or otherwise judicially admits for the22
first time less than ninety days prior to trial that the amount of the individual23
petitioner's cause of action does not exceed fifty thousand dollars exclusive of24
interest and costs any other party may retain the right to a trial by jury if that party25
is entitled to a trial by jury pursuant to this Article and has otherwise complied with26
the procedural requirements for obtaining a trial by jury.27
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Art. 1915. Partial final judgment; partial judgment; partial exception; partial1
summary judgment2
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B.(1) When a court renders a partial judgment or partial summary judgment4
or sustains an exception in part, as to one or more but less than all of the claims,5
demands, issues, or theories against a party, whether in an original demand,6
reconventional demand, cross-claim, third party third-party claim, or intervention,7
the judgment shall not constitute a final judgment unless it is designated as a final8
judgment by the court after an express determination that there is no just reason for9
delay.10
(2) In the absence of such a determination and designation, any such order11
or decision which adjudicates fewer than all claims or the rights and liabilities of12
fewer than all the parties, shall not terminate the action as to any of the claims or13
parties and shall not constitute a final judgment for the purpose of an immediate14
appeal. Any such order or decision issued and may be revised at any time prior to15
rendition of the judgment adjudicating all the claims and the rights and liabilities of16
all the parties.17
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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 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, and defendant's right to demand a jury trial when a plaintiff has
stipulated to a cause of action less than $50,000.
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.
Proposed law clarifies present law by stating that summary judgment on a particular issue
may be rendered in favor of one or more parties even if the granting of the summary
judgment does not dispose of the case as to that party or parties. HLS 13RS-596 ENGROSSED
HB NO. 589
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are additions.
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 memorandum in support or
in a motion to strike that provides the specific grounds for the objection.
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 party may retain the right to a trial by jury even if the petitioner
has stipulated that the cause of action does not exceed $50,000 when that party is entitled
to trial by jury pursuant to present law has complied with the procedural requirements for
asserting that right if the stipulation has occurred less than 90 days prior to trial. Proposed
law further provides that a defendant shall not be entitled to a trial by jury when a petitioner
stipulates that his cause of action is less than $50,000 if the stipulation occurs more than 90
days before trial.
Present law (C.C.P. Arts. 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.
(Amends C.C.P. 966(E) and (F), 1732(1), and 1915(B); Adds C.C.P. Art. 966(G))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill. HLS 13RS-596 ENGROSSED
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1. Clarified that a motion for summary judgment may be rendered on a particular
issue in favor of one or more parties even if the granting of the summary
judgment does not dispose of the case as to that party or parties.
2. Added provisions allowing a party to retain his right to a trial by jury under
Article 1732(1) if a petitioner stipulates less than 90 days prior to trial that his
cause of action is less than $50,000, but prohibits a defendant from obtaining a
jury trial if the stipulation occurred more than 90 days prior to trial.
3. Added requirement that notice be served on the attorney of an interdicted person
in actions to obtain a court order for involuntary mental health outpatient
treatment.