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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) and 4553(D), relative3
to civil procedure; to provide for submission of and objections to evidence for4
motions for summary judgment; to provide for limitations on jury trial threshold5
amounts; to provide for the effect of a partial summary judgment; to provide for6
notice of certain post-judgment proceedings; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Code of Civil Procedure Articles 966(E) and (F), 1732(1), and 1915(B)9
are hereby amended and reenacted and Code of Civil Procedure Articles 966(G) and10
4553(D) are 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 only be rendered or affirmed only as18
to 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 REENGROSSED
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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 or opposition thereof2
or in a 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
(2) If the provisions of this Paragraph are applicable to the summary13
judgment, the court shall so specify in the judgment. If the court fails to specify that14
the provisions of this Paragraph are applicable, then the provisions of this Paragraph15
shall not apply to the judgment.16
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Art. 1732. Limitation upon jury trials18
A trial by jury shall not be available in:19
(1) A suit where the amount of no individual petitioner's cause of action20
exceeds fifty thousand dollars exclusive of interest and costs, except as follows:21
(a) If an individual petitioner stipulates or otherwise judicially admits ninety22
days or more prior to a trial that the amount of the individual petitioner's cause of23
action does not exceed fifty thousand dollars exclusive of interest and costs, a24
defendant shall not be entitled to a trial by jury.25
(b) If an individual petitioner stipulates or otherwise judicially admits for the26
first time less than ninety days prior to trial that the amount of the individual27
petitioner's cause of action does not exceed fifty thousand dollars exclusive of28
interest and costs any other party may retain the right to a trial by jury if that party29 HLS 13RS-596 REENGROSSED
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is entitled to a trial by jury pursuant to this Article and has otherwise complied with1
the procedural requirements for obtaining a trial by jury.2
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Art. 1915. Partial final judgment; partial judgment; partial exception; partial4
summary judgment5
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B.(1) When a court renders a partial judgment or partial summary judgment7
or sustains an exception in part, as to one or more but less than all of the claims,8
demands, issues, or theories against a party, whether in an original demand,9
reconventional demand, cross-claim, third party third-party claim, or intervention,10
the judgment shall not constitute a final judgment unless it is designated as a final11
judgment by the court after an express determination that there is no just reason for12
delay.13
(2) In the absence of such a determination and designation, any such order14
or decision which adjudicates fewer than all claims or the rights and liabilities of15
fewer than all the parties, shall not terminate the action as to any of the claims or16
parties and shall not constitute a final judgment for the purpose of an immediate17
appeal. Any such order or decision issued and may be revised at any time prior to18
rendition of the judgment adjudicating all the claims and the rights and liabilities of19
all the parties.20
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Art. 4553. Post-judgment proceedings22
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D. Notice of any post-judgment proceeding as provided by this Article or24
pursuant to R.S. 28:69 shall be served upon the attorney from the Mental Health25
Advocacy Service appointed for the interdict or on a previously appointed attorney26
of record for the interdict.27 HLS 13RS-596 REENGROSSED
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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, defendant's right to demand
a jury trial when a plaintiff has stipulated to a cause of action less than $50,000, the
effect of a partial summary judgment, and the notice requirement for proceedings
pertaining to interdicts.
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.
Proposed law changes present law by providing that the court may only render a decision
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
opposition 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. 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. HLS 13RS-596 REENGROSSED
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(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. 4553) requires post-judgment proceedings relative to an interdiction
to be conducted by the court and division or section that rendered the interdiction judgment
unless there is good cause shown.
Proposed law retains present law and requires notice of the post-judgment proceeding to be
served upon the attorney from the Mental Health Advocacy Service who was appointed for
the interdict or on an attorney who was previously appointed for the interdict.
(Amends C.C.P. 966(E) and (F), 1732(1), and 1915(B); Adds C.C.P. Art. 966(G) and
4553(D))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill.
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.
House Floor Amendments to the engrossed bill.
1. Added a memorandum in opposition as a method to object to evidence submitted
in support of or opposition to a motion for summary judgment.
2. Added provision requiring notice to be sent to the attorney from the Mental
Health Advocacy Service who was appointed for the interdict or on an attorney
who was previously appointed for the interdict.