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ACT No. 655
Regular Session, 2014
HOUSE BILL NO. 607
BY REPRESENTATIVE ABRAMSON
(On Recommendation of the Louisiana State Law Institute)
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
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Art. 1425. Experts; pretrial disclosures; scope of discovery20
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C. The If the court orders the disclosures of Paragraph B of this Article, they22
shall be made at the times and in the sequence directed by the court. In the absence23 ENROLLEDHB NO. 607
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of other directions from the court or stipulation by the parties, the disclosures1
required ordered pursuant to Paragraph B of this Article shall be made at least ninety2
days before the trial date or, if the evidence is intended solely to contradict or rebut3
evidence on the same subject matter identified by another party under Paragraph B4
of this Article, within thirty days after the disclosure made by the other party. The5
parties shall supplement these disclosures when required by Article 1428.6
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Comments - 20148
(a) Contrary to Quillian v. The Dixie Bonded Warehouse, 105 So.3d 71 (La.9
App. 2d Cir. 8/29/12), Article 1425 does not require a party, absent a discovery10
request or an order requiring an expert report, to identify testifying experts. 11
(b) The identification of testifying expert witnesses is obtained by12
interrogatories, depositions, requirements in a scheduling order entered pursuant to13
Article 1551(A)(5) or (8), or by court order under Paragraph B. The preparation and14
submission of reports of testifying experts is required only if ordered by the court15
pursuant to Paragraph (B). If expert reports are ordered, the court should set16
production deadlines in the order; however, if there is no deadline set in the order,17
then the sequence provided in Paragraph (C) applies by default.18
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Art. 1462. Production of documents and things; entry upon land; procedure20
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B.(1) The party upon whom the request is served shall serve a written22
response within fifteen days after service of the request, except that a defendant may23
serve a response within thirty days after service of the petition upon that defendant,24
and except that the state and its political subdivisions may serve a response within25
thirty days after service of the request. The court may allow a shorter or longer time.26
With respect to each item or category, the response shall state that inspection and27
related activities will be permitted as requested, unless the request is objected to, in28
which event the reasons for objection shall be stated. If objection is made to part of29
an item or category, the part shall be specified. The written answer or reasons for30
objection to each request for production of documents shall immediately follow a31
restatement of the request for production of documents to which the answer or32
objection is responding. The party submitting the request may move for an order33
under Article 1469 with respect to any objection to or other failure to respond to the34 ENROLLEDHB NO. 607
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request, or any part thereof, or any failure to permit inspection as requested. If1
objection is made to the requested form or forms for producing information,2
including electronically stored information, or if no form was specified in the3
request, the responding party shall state in its response the form or forms it intends4
to use.5
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Comment - 20147
The 2014 amendment to Paragraph B extends the period for the state and its8
political subdivisions to respond to a request from fifteen days to thirty days so as9
to coincide with the period provided in Article 1458 for responses to interrogatories.10
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: