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ACT No. 391
Regular Session, 2013
HOUSE BILL NO. 589
BY REPRESENTATIVE ABRAMSON AND SENATOR LAFLEUR
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact Code of Civil Procedure Articles 966(B)(2), (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; and to provide for related6
matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Code of Civil Procedure Articles 966(B)(2), (E) and (F), 1732(1), and9
1915(B) are hereby amended and reenacted and Code of Civil Procedure Articles 966(G) is10
hereby enacted to read as follows:11
Art. 966. Motion for summary judgment; procedure12
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B.14
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(2) The judgment sought shall be rendered forthwith if the pleadings,16
depositions, answers to interrogatories, and admissions, together with the affidavits,17
if any, admitted for purposes of the motion for summary judgment, show that there18
is no genuine issue as to material fact, and that mover is entitled to judgment as a19
matter of law. If the motion for summary judgment is denied, the court should20
provide reasons for the denial on the record, either orally upon rendition or in writing21
sua sponte or upon request of a party within ten days of rendition.22
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E.(1) A summary judgment may be rendered dispositive of a particular issue,1
theory of recovery, cause of action, or defense, in favor of one or more parties, even2
though the granting of the summary judgment does not dispose of the entire case as3
to that party or parties ; however, a.4
F.(1) A summary judgment shall may be rendered or affirmed only as to5
those issues set forth in the motion under consideration by the court at that time.6
(2) Only evidence admitted for purposes of Evidence cited in and attached7
to the motion for summary judgment shall or memorandum filed by an adverse party8
is deemed admitted for purposes of the motion for summary judgment unless9
excluded in response to an objection made in accordance with Subparagraph (3) of10
this Paragraph. Only evidence admitted for purposes of the motion for summary11
judgment may be considered by the court in its ruling on the motion.12
(3) Objections to evidence in support of or in opposition to a motion for13
summary judgment may be raised in memorandum or written motion to strike stating14
the specific grounds therefor.15
F.G.(1) When the court grants a motion for summary judgment in16
accordance with the provisions of this Article, that a party or nonparty is not17
negligent, not at fault, or did not cause, whether in whole or in part, the injury or18
harm alleged, that party or nonparty shall not be considered in any subsequent19
allocation of fault. Evidence shall not be admitted at trial to establish the fault of that20
party or nonparty nor shall the issue be submitted to the jury nor included on the jury21
verdict form. This Paragraph shall not apply when a summary judgment is granted22
solely on the basis of the successful assertion of an affirmative defense in accordance23
with Article 1005, except for negligence or fault.24
(2) If the provisions of this Paragraph are applicable to the summary25
judgment, the court shall so specify in the judgment. If the court fails to specify that26
the provisions of this Paragraph are applicable, then the provisions of this Paragraph27
shall not apply to the judgment.28
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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, except as follows:4
(a) If an individual petitioner stipulates or otherwise judicially admits sixty5
days or more prior to trial that the amount of the individual petitioner's cause of6
action does not exceed fifty thousand dollars exclusive of interest and costs, a7
defendant shall not be entitled to a trial by jury.8
(b) If an individual petitioner stipulates or otherwise judicially admits for the9
first time less than sixty days prior to trial that the amount of the individual10
petitioner's cause of action does not exceed fifty thousand dollars exclusive of11
interest and costs, any other party may retain the right to a trial by jury if that party12
is entitled to a trial by jury pursuant to this Article and has otherwise complied with13
the procedural requirements for obtaining a trial by jury.14
(c) Notwithstanding Subsubparagraphs (a) and (b) of this Subparagraph, if,15
as a result of a compromise or dismissal of one or more claims or parties which16
occurs less than 60 days prior to trial, an individual petitioner stipulates or otherwise17
judicially admits that the amount of the individual petitioner's cause of action does18
not exceed fifty thousand dollars exclusive of interest and costs, a defendant shall not19
be entitled to a trial by jury.20
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Art. 1915. Partial final judgment; partial judgment; partial exception; partial22
summary judgment23
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B.(1) When a court renders a partial judgment or partial summary judgment25
or sustains an exception in part, as to one or more but less than all of the claims,26
demands, issues, or theories against a party, whether in an original demand,27
reconventional demand, cross-claim, third party third-party claim, or intervention,28
the judgment shall not constitute a final judgment unless it is designated as a final29 ENROLLEDHB NO. 589
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judgment by the court after an express determination that there is no just reason for1
delay.2
(2) In the absence of such a determination and designation, any such order3
or decision which adjudicates fewer than all claims or the rights and liabilities of4
fewer than all the parties, shall not terminate the action as to any of the claims or5
parties and shall not constitute a final judgment for the purpose of an immediate6
appeal. Any such order or decision issued and may be revised at any time prior to7
rendition of the judgment adjudicating all the claims and the rights and liabilities of8
all the parties.9
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: