HLS 14RS-802 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 123
BY REPRESENTATIVE SEABAUGH
CIVIL/MOTIONS: Provides relative to service of motions for summary judgment
AN ACT1
To amend and reenact Code of Civil Procedure Article 966(B)(1), relative to motions for2
summary judgment; to provide for service of motions for summary judgment,3
memorandum in support, and supporting affidavits; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Civil Procedure Article 966(B)(1) is hereby amended and7
reenacted to read as follows: 8
Art. 966. Motion for summary judgment; procedure9
* * *10
B.(1) The motion for summary judgment, memorandum in support thereof,11
and supporting affidavits shall be served pursuant to Article 1314 within the time12
limits provided in District Court Rule 9.9. For good cause, the court shall give the13
adverse party additional time to file a response, including opposing affidavits or14
depositions. The adverse party may serve opposing affidavits, and if such opposing15
affidavits are served, the opposing affidavits and any memorandum in support16
thereof shall be served pursuant to Article 1313 within the time limits provided in17
District Court Rule 9.9.18
* * *19 HLS 14RS-802 ENGROSSED
HB NO. 123
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)]
Seabaugh HB No. 123
Abstract: Requires that motions for summary judgment, memorandum in support, and
supporting affidavits be served pursuant to C.C.P. Art. 1314.
Present law (C.C.P. Art. 966) provides procedures for motions for summary judgment,
including service of process.
Present law (C.C.P. Art. 1314) requires certain pleadings to be served by the sheriff in a
manner permitted under Arts. 1231 through 1266, through personal service on counsel of
record, or through delivery of a copy to the clerk of court when there is no counsel of record.
Proposed law retains present law and requires that motions for summary judgment,
memorandum in support, and supporting affidavits be served pursuant to C.C.P. Art. 1314.
(Amends C.C.P. Art. 966(B)(1))