HLS 14RS-277 ORIGINAL
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are additions.
Regular Session, 2014
HOUSE BILL NO. 412
BY REPRESENTATIVE HARRISON
CIVIL/PROCEDURE: Provides with respect to the payment of court costs and attorney fees
in certain cases
AN ACT1
To amend and reenact Code of Civil Procedure Articles 863(D), 934, 963 through 965,2
967(D), 1005, and 1006 and to enact R.S. 13:63, relative to the payment of certain3
costs and attorney fees in civil matters; to provide for payment by certain parties4
under certain circumstances; to provide for recording awards of attorney fees and5
court costs; to provide for reporting such awards to the Judicial Council; and to6
provide for related matters.Be it enacted by the Legislature of Louisiana:7
Section 1. Code of Civil Procedure Articles 863(D), 934, 963 through 965, 967(D),8
1005, and 1006 are hereby amended and reenacted to read as follows: 9
Art. 863. Signing of pleadings, effect10
* * *11
D. If, upon motion of any party or upon its own motion, the court determines12
that a certification has been made in violation of the provisions of this Article, the13
court shall impose upon the person who made the certification or the represented14
party, or both, an appropriate sanction which may shall include an order to pay to the15
other party the amount of the court costs and reasonable expenses incurred because16
of the filing of the pleading, including reasonable attorney fees.17
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HB NO. 412
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Art. 934. Effect of sustaining peremptory exception1
A. When the grounds of the objection pleaded by the peremptory exception2
may be removed by amendment of the petition, the judgment sustaining the3
exception shall order such amendment within the delay allowed by the court.4
B. If the grounds of the objection raised through the exception cannot be so5
removed, or if the plaintiff fails to comply with the order to amend, the action, claim,6
demand, issue, or theory shall be dismissed with prejudice, and the court shall award7
to the exceptor payment by the plaintiff of all court costs, reasonable attorney fees,8
and expert witness fees and costs reasonably incurred in preparing or responding to9
discovery requests.10
* * *11
Art. 963. Ex parte and contradictory motions; rule to show cause 12
A. If the order applied for by written motion is one to which the mover is13
clearly entitled without supporting proof, the court may grant the order ex parte and14
without hearing the adverse party, and, if the court grants such an order, the court15
shall award to the mover payment by the opposing party of all court costs, reasonable16
attorney fees, and expert witness fees and costs reasonably incurred in preparing and17
filing the motion.18
B. If the order applied for by written motion is one to which the mover is not19
clearly entitled, or which requires supporting proof, the motion shall be served on20
and tried contradictorily with the adverse party.21
C. The rule to show cause is a contradictory motion.22
Art. 964. Motion to strike23
A. The court on motion of a party or on its own motion may at any time and24
after a hearing order stricken from any pleading any insufficient demand or defense25
or any redundant, immaterial, impertinent, or scandalous matter.26
B. If the court orders redundant, immaterial, impertinent, or scandalous27
matters stricken from a pleading, the court shall award to the mover payment by the28 HLS 14RS-277 ORIGINAL
HB NO. 412
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opposing party of all court costs, reasonable attorney fees, and expert witness fees1
and costs reasonably incurred in filing and hearing of the motion.2
Art. 965. Motion for judgment on pleadings 3
A. Any party may move for judgment on the pleadings after the answer is4
filed, or if an incidental demand has been instituted after the answer thereto has been5
filed, but within such time as not to delay the trial. For the purposes of this motion,6
all allegations of fact in mover's pleadings not denied by the adverse party or by7
effect of law and all allegations of fact in the adverse party's pleadings shall be8
considered true.9
B. If the court grants the motion for judgment on the pleadings, the court10
shall award to the prevailing party the payment by the non-prevailing party of all11
court costs, reasonable attorney fees, and expert witness fees and costs reasonably12
incurred in prosecuting or defending the action.13
* * *14
Art. 967. Same; affidavits15
* * *16
D. If it appears to the satisfaction of the court at any time that any of the17
affidavits presented pursuant to this Article are presented in bad faith or solely for18
the purposes of delay, the court immediately shall order the party employing them19
to pay to the other party the amount of the reasonable expenses which the filing of20
the affidavits caused him to incur, including reasonable attorney fees , court costs,21
and expert witness fees and costs reasonably incurred. Any offending party or22
attorney may be adjudged guilty of contempt.23
* * *24
Art. 1005. Affirmative defenses25
A. The answer shall set forth affirmatively negligence, or fault of the26
plaintiff and others, duress, error or mistake, estoppel, extinguishment of the27
obligation in any manner, failure of consideration, fraud, illegality, injury by fellow28
servant, and any other matter constituting an affirmative defense.29 HLS 14RS-277 ORIGINAL
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B. If a party has mistakenly designated an affirmative defense as a1
peremptory exception or as an incidental demand, or a peremptory exception as an2
affirmative defense, and if justice so requires, the court, on such terms as it may3
prescribe, shall treat the pleading as if there had been a proper designation.4
C. All allegations set forth in an affirmative defense are made subject to the5
obligations and sanctions set forth in Article 863.6
Art. 1006. Alternative defenses 7
An answer may set forth two or more defenses in the alternative, even though8
the factual or legal bases thereof may be inconsistent or mutually exclusive. All9
allegations in such cases are made subject to the obligations and sanctions set forth10
in Article 863.11
Section 2. R.S. 13:63 is hereby enacted to read as follows:12
ยง63. Court costs and attorney fee awards; submission of records to the Judicial13
Council14
A. Pursuant to the purposes of the Judicial Council as provided by Supreme15
Court Rule 22, Section 5(d) and in furtherance of the district court objectives as16
stated in the annual judicial performance report by the judicial administrator, the17
several judges of the district courts shall maintain and submit to the Judicial Council18
of the Supreme Court of Louisiana accurate records of any awards of attorney fees19
and court costs pursuant to Code of Civil Procedure Articles 863(D), 934, 96320
through 965, 967(D), 1005, and 1006, against a party or counsel for the party,21
whether such award is made on the court's own motion or by the opposing party or22
counsel for that party.23
B. The report required by Subsection A of this Section shall specify the total24
number of requests for attorney fees and court costs, the total number of awards of25
attorney fees and court costs, the total monetary amount of such awards, and the26
provision of the Code of Civil Procedure authorizing the award of attorney fees and27
court costs.28 HLS 14RS-277 ORIGINAL
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C. The provisions of this Section shall become effective on January 1, 2015,1
and shall become null, void, and have no effect on December 31, 2020, and2
thereafter.3
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)]
Harrison HB No. 412
Abstract: Provides for the payment by the non-prevailing party of court costs, attorney
fees, and expert witness fees and costs incurred in the prosecution or defense of
certain civil actions and motions.
Present law provides that if the court determines that a certification of a pleading has been
made in violation of the provisions of present law, the court shall impose upon the person
who made the certification or the represented party, or both, an appropriate sanction which
may include an order to pay to the other party the amount of the reasonable expenses
incurred because of the filing of the pleading, including reasonable attorney fees.
Proposed law requires that sanctions include an order to pay to the other party the amount
of the court costs and reasonable expenses incurred because of the filing of the pleading,
including reasonable attorney fees.
Present law provides that if the grounds of the objection raised through a peremptory
exception cannot be removed by amendment of the petition, or if the plaintiff fails to comply
with the order to amend, the action, claim, demand, issue, or theory shall be dismissed.
Proposed law retains present law and provides that the dismissal shall be with prejudice, and
the court shall award to the exceptor payment by the plaintiff of all court costs, reasonable
attorney fees, and expert witness fees and costs reasonably incurred in preparing or
responding to discovery requests.
Present law provides that if the order applied for by written motion is one to which mover
is clearly entitled without supporting proof, the court may grant the order ex parte and
without hearing the adverse party.
Proposed law retains present law and provides that if the court grants such an ex parte order
without hearing, the court shall award to the mover payment by the opposing party of all
court costs, reasonable attorney fees, and expert witness fees and costs reasonably incurred
in preparing and filing the motion.
Present law provides that the court may, at any time and after a hearing, order stricken from
any pleading any insufficient demand or defense or any redundant, immaterial, impertinent,
or scandalous matter.
Proposed law retains present law and provides that if the court orders redundant, immaterial,
impertinent, or scandalous matters stricken from a pleading, the court shall award to the
mover payment by the opposing party of all court costs, reasonable attorney fees, and expert
witness fees and costs reasonably incurred in filing and hearing of the motion. HLS 14RS-277 ORIGINAL
HB NO. 412
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are additions.
Present law provides that any party may move for judgment on the pleadings after the
answer is filed, or if an incidental demand has been instituted after the answer thereto has
been filed, but within such time as not to delay the trial.
Proposed law retains present law and provides that if the court grants the motion for
judgment on the pleadings, the court shall award to the prevailing party the payment by the
non-prevailing party of all court costs, reasonable attorney fees, and expert witness fees and
costs reasonably incurred in prosecuting or defending the action.
Present law provides that if the court finds at any time that any of the affidavits presented
for a motion for summary judgment are presented in bad faith or solely for the purposes of
delay, the court immediately shall order the party employing them to pay to the other party
the amount of the reasonable expenses which the filing of the affidavits caused him to incur,
including reasonable attorney fees, and present law further provides that any offending party
or attorney may be adjudged guilty of contempt.
Proposed law retains present law and includes the payment of court costs and expert witness
fees and costs reasonably incurred.
Present law provides that the answer shall set forth affirmatively negligence, or fault of the
plaintiff and others, duress, error or mistake, estoppel, extinguishment of the obligation in
any manner, failure of consideration, fraud, illegality, injury by fellow servant, and any other
matter constituting an affirmative defense.
Proposed law retains present law and provides that all allegations set forth in an affirmative
defense are made subject to the obligations and sanctions set forth in C.C.P. Art. 863.
Present law provides that an answer may set forth two or more defenses in the alternative,
even though the factual or legal bases thereof may be inconsistent or mutually exclusive, and
that all allegations in such cases are made subject to the obligations set forth in C.C.P. Art.
863.
Proposed law retains present law and provides that all allegations in such cases are also
subject to the sanctions set forth in C.C.P. Art. 863.
Proposed law requires the several district courts to maintain records of awards of attorney
fees and court costs and report such records to the judicial administrator of the supreme
court.
(Amends C.C.P. Arts. 863(D), 934, 963-965, 967(D), 1005, and 1006; Adds R.S. 13:63)