RESUMEHB589 2991 4704
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Abramson (HB 589) Act No. 391
Existing law (C.C.P. Art. 966) provides the procedure by which a party may move for a
summary judgment. Prior law required the court to render a decision only as to those issues
raised in the motion under consideration.
New law specifies that the pleading, depositions, answers to interrogatories, and admissions
and affidavits that the court considers in ruling on a motion for summary judgment be
admitted for the purposes of the motion for summary judgment, and provides 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.
Prior law required the court to consider only evidence admitted for the purposes of the
motion for summary judgment in its ruling.
New law provides that evidence cited in and attached to the motion for summary judgment
or memorandum filed by an adverse party is deemed admitted for the purposes of the
summary judgment unless it has been excluded in response to an objection.
Existing 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.
New 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 existing law and has complied with the procedural requirements for
asserting that right if the stipulation has occurred less than 60 days prior to trial. New 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 60
days before trial or when an individual petitioner stipulates that his cause of action is less
than $50,000 as a result of a compromise or dismissal of one or more claims or parties which
occurs less than 60 days prior to trial.
Existing 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 existing law.
Existing 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.
Prior law provided that absent the required designation and determination, an order that does
not adjudicate all claims or the rights of all parties shall not terminate the action and shall not
constitute a final judgment for purposes of an immediate appeal.
New law deletes prior law. RESUMEHB589 2991 4704
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Effective August 1, 2013.
(Amends C.C.P. Art. 966(E) and (F), 1732(1), and 1915(B); Adds C.C.P. Art. 966(G))