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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) and2
to enact Code of Civil Procedure Article 1434(A)(3), relative to the continuous3
revision of the Code of Civil Procedure; to provide for the delay in filing an answer4
in incidental actions; to provide for the identification of testifying experts in5
discovery; to extend the delay for the state to respond to a request for the production6
of documents and things; to provide for persons before whom depositions are taken;7
and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. Code of Civil Procedure Articles 1035, 1425(C), and 1462(B)(1) are10
hereby amended and reenacted and Code of Civil Procedure Article 1434(A)(3) is hereby11
enacted to read as follows: 12
Art. 1035. Answer13
The answer in an incidental action shall be filed within the delay allowed by14
Article 1001, or at any time prior to a judgment by default against the defendant in15
the incidental action, and shall be subject to all of the rules set forth in Articles 100116
and 1003 through 1006.17
Comment – 201418
The 2014 amendment to this Article conforms with the rules for answering19
incidental demands to those provided for the principal demand.20
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Art. 1425. Experts; pretrial disclosures; scope of discovery1
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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
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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
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Art. 1434. Person before whom deposition taken24
A.25
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(3) For purposes of this Article, a person who is requested to provide27
shorthand reporting, or other court reporting services, who does not have actual28
knowledge of the existence of an employment or contractual relationship, and who29
has obtained a certification by the requesting entity that they do not have a prohibited30
employment or contractual relationship with a party litigant, shall not be considered31
an employee as defined in this Article.32
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Art. 1462. Production of documents and things; entry upon land; procedure1
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B.(1) The party upon whom the request is served shall serve a written3
response within fifteen days after service of the request, except that a defendant may4
serve a response within thirty days after service of the petition upon that defendant,5
and except that the state and its political subdivisions may serve a response within6
thirty days after service of the request. The court may allow a shorter or longer time.7
With respect to each item or category, the response shall state that inspection and8
related activities will be permitted as requested, unless the request is objected to, in9
which event the reasons for objection shall be stated. If objection is made to part of10
an item or category, the part shall be specified. The written answer or reasons for11
objection to each request for production of documents shall immediately follow a12
restatement of the request for production of documents to which the answer or13
objection is responding. The party submitting the request may move for an order14
under Article 1469 with respect to any objection to or other failure to respond to the15
request, or any part thereof, or any failure to permit inspection as requested. If16
objection is made to the requested form or forms for producing information,17
including electronically stored information, or if no form was specified in the18
request, the responding party shall state in its response the form or forms it intends19
to use.20
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Comment - 201422
The 2014 amendment to Paragraph B extends the period for the state and its23
political subdivisions to respond to a request from fifteen days to thirty days so as24
to coincide with the period provided in Article 1458 for responses to interrogatories.25 HLS 14RS-778 REENGROSSED
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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
principal demand, clarifying that a party is under no obligation to identify a
testifying expert absent a discovery request or order for an expert report, providing
for persons before whom depositions are taken, 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. 1434) requires that a deposition be taken before an officer
authorized to administer oaths and who is not an employee or attorney of any of the parties.
Further defines an employee to include a person who has a contractual relationship with or
is employed part or full time by a person who has a contractual relationship with a party
litigant to provide certain reporting services.
Proposed law retains present law and exempts those persons who do not have actual
knowledge of the existence of an employment or contractual relationship and who have
obtained certification that they do not have a prohibited employment or contractual
relationship with a party litigant from those defined as employees.
Present law (C.C.P. Art.1462) provides for discovery-production of documents and things.
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); Adds C.C.P. Art. 1434(A)(3))
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. HLS 14RS-778 REENGROSSED
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Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Added provisions regarding persons before whom depositions are taken,
exempting those persons who do not have actual knowledge of the existence of
an employment or contractual relationship and who have obtained certification
that they do not have a prohibited employment or contractual relationship with
a party litigant from those defined as employees.