HLS 14RS-778 ENGROSSED Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2014 HOUSE BILL NO. 607 BY REPRESENTATIVE ABRAMSON (On Recommendation of the Louisiana State Law Institute) CIVIL/PROCEDURE: Provides for continuous revision of the Code of Civil Procedure AN ACT1 To amend and reenact Code of Civil Procedure Articles 1035, 1425(C), and 1462(B)(1),2 relative to the continuous revision of the Code of Civil Procedure; to provide for the3 delay in filing an answer in incidental actions; to provide for the identification of4 testifying experts in discovery; to extend the delay for the state to respond to a5 request for the production of documents and things; and to provide for related6 matters.7 Be it enacted by the Legislature of Louisiana:8 Section 1. Code of Civil Procedure Articles 1035, 1425(C), and 1462(B)(1) are9 hereby amended and reenacted to read as follows: 10 Art. 1035. Answer11 The answer in an incidental action shall be filed within the delay allowed by12 Article 1001, or at any time prior to a judgment by default against the defendant in13 the incidental action, and shall be subject to all of the rules set forth in Articles 100114 and 1003 through 1006.15 Comment – 201416 The 2014 amendment to this Article conforms with the rules for answering17 incidental demands to those provided for the principal demand.18 * * *19 HLS 14RS-778 ENGROSSED HB NO. 607 Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Art. 1425. Experts; pretrial disclosures; scope of discovery1 * * *2 C. The If the court orders the disclosures of Paragraph B of this Article, they3 shall be made at the times and in the sequence directed by the court. In the absence4 of other directions from the court or stipulation by the parties, the disclosures5 required ordered pursuant to Paragraph B of this Article shall be made at least ninety6 days before the trial date or, if the evidence is intended solely to contradict or rebut7 evidence on the same subject matter identified by another party under Paragraph B8 of this Article, within thirty days after the disclosure made by the other party. The9 parties shall supplement these disclosures when required by Article 1428.10 * * *11 Comments - 201412 (a) Contrary to Quillian v. The Dixie Bonded Warehouse, 105 So.3d 71 (La.13 App. 2d Cir. 8/29/12), Article 1425 does not require a party, absent a discovery14 request or an order requiring an expert report, to identify testifying experts. 15 (b) The identification of testifying expert witnesses is obtained by16 interrogatories, depositions, requirements in a scheduling order entered pursuant to17 Article 1551(A)(5) or (8), or by court order under Paragraph B. The preparation and18 submission of reports of testifying experts is required only if ordered by the court19 pursuant to Paragraph (B). If expert reports are ordered, the court should set20 production deadlines in the order; however, if there is no deadline set in the order,21 then the sequence provided in Paragraph (C) applies by default.22 * * *23 Art. 1462. Production of documents and things; entry upon land; procedure24 * * *25 B.(1) The party upon whom the request is served shall serve a written26 response within fifteen days after service of the request, except that a defendant may27 serve a response within thirty days after service of the petition upon that defendant,28 and except that the state and its political subdivisions may serve a response within29 thirty days after service of the request. The court may allow a shorter or longer time.30 With respect to each item or category, the response shall state that inspection and31 related activities will be permitted as requested, unless the request is objected to, in32 which event the reasons for objection shall be stated. If objection is made to part of33 HLS 14RS-778 ENGROSSED HB NO. 607 Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. an item or category, the part shall be specified. The written answer or reasons for1 objection to each request for production of documents shall immediately follow a2 restatement of the request for production of documents to which the answer or3 objection is responding. The party submitting the request may move for an order4 under Article 1469 with respect to any objection to or other failure to respond to the5 request, or any part thereof, or any failure to permit inspection as requested. If6 objection is made to the requested form or forms for producing information,7 including electronically stored information, or if no form was specified in the8 request, the responding party shall state in its response the form or forms it intends9 to use.10 * * *11 Comment - 201412 The 2014 amendment to Paragraph B extends the period for the state and its13 political subdivisions to respond to a request from fifteen days to thirty days so as14 to coincide with the period provided in Article 1458 for responses to interrogatories.15 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)] Abramson HB No. 607 Abstract: Provides for continuous revision of the Code of Civil Procedure including requiring the deadline for answering incidental demands the same as provided for the incidental demand, clarifying that a party is under no obligation to identify a testifying expert absent a discovery request or order for an expert report, and extending the time period within which the state has to respond to a request for production of documents. Present law (C.C.P. Art.1035) provides for answer in incidental demands. Proposed law makes the deadline for answering incidental demands the same as provided for principal demands. Present law (C.C.P. Art.1425) provides for identifying testifying experts. Proposed law specifies that a party is under no obligation to identify a testifying expert absent a discovery request or order for an expert report. Present law (C.C.P. Art.1462) provides for discovery-production of documents and things. HLS 14RS-778 ENGROSSED HB NO. 607 Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Proposed law extends the period for the state and its political subdivisions to respond to a request for production of documents and things from 15 to 30 days. (Amends C.C.P. Arts. 1035, 1425(C), and 1462(B)(1)) Summary of Amendments Adopted by House Committee Amendments Proposed by House Committee on Civil Law and Procedure to the original bill. 1. Deleted changes to C.C.P. Art. 1469(4), authorizing the court to award costs and attorney's fees when a response to discovery is unreasonably delayed, from the bill.