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Regular Session, 2013
SENATE CONCURRENT RESOLUTI ON NO. 85
BY SENATOR MURRAY
LEGISLATIVE AGENCIES. Requests Louisiana State Law Institute study definitions and
procedures concerning civil final judgments.
A CONCURRENT RESOLUTI ON1
To urge and request the Louisiana State Law Institute to study the necessity of revising laws2
concerning civil final judgments.3
WHEREAS, laws providing what constitutes a civil final judgment and its treatment4
and effects for appellate and other purposes are generally set forth in the Louisiana Code of5
Civil Procedure, including Articles 1841, 1915, and 965 through 968; and6
WHEREAS, numerous revisions to these Articles in the last twenty years have been7
necessitated by continuing litigation arising over what actions by a trial court constitute a8
proper "judgment" and what judgments, including summary judgments, should or should not9
be considered or certified as "final" or "partial" for the purpose of authorizing an appeal of10
such judgment; and11
WHEREAS, there are important policies underlying the appropriate practices and12
procedures for the treatment of civil final judgments in Louisiana, including that a13
"judgment" should consist of an action by a trial court that determines the merits of an action14
in whole or part and is in the proper form required by law, and that although piecemeal15
litigation and appeal of a case should generally be prohibited there should also be exceptions16
recognizing that, in certain instances, a partial judgment by a trial court adjudicating rights17
should be considered sufficiently "final" so as to be subject to appeal without waiting for18 SCR NO. 85
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complete adjudication of the entire action; and1
WHEREAS, the present body of laws defining and concerning civil final judgments2
in Louisiana and their treatment and effects for appellate and other purposes should be3
studied by the Louisiana State Law Institute to determine whether any inconsistencies in4
language or interpretation exist in the provisions of such laws and, if so, the appropriate5
revisions to resolve such inconsistencies and enhance uniform understanding and6
interpretation of these laws; and7
WHEREAS, such study should also include whether present procedures relating to8
determination and appeal of civil final judgments should be modified and simplified for the9
purposes of improving legal and judicial efficiency and economy in the speedy resolution10
of civil actions. 11
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby12
urge and request the Louisiana State Law Institute to study the necessity of revising laws13
concerning civil final judgments.14
BE IT FURTHER RESOLVED that a report of the findings of such study to date,15
including any recommendations in the form of specific proposed legislation, be transmitted16
to the Legislature of Louisiana not later than February 1, 2014.17
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the18
director of the Louisiana State Law Institute.19
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry G. Jones.
DIGEST
Murray SCR No. 85
Requests the Louisiana State Law Institute study the necessity of revising laws concerning
civil final judgments.