HLS 14RS-851 ORIGINAL
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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. 612
BY REPRESENTATIVE ABRAMSON
CIVIL/ACTIONS: Provides relative to class actions
AN ACT1
To amend and reenact Code of Civil Procedure Article 592(E)(5), relative to class actions;2
to require an individual class member to present certain proof relative to individual3
claims at trial; to prohibit the appointment of experts by the court in certain4
circumstances; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Civil Procedure Article 592(E)(5) is hereby amended and7
reenacted to read as follows: 8
Art. 592. Certification procedure; notice; judgment; orders9
* * *10
E. In the conduct of actions to which Article 591 and this Article apply, the11
court may make any of the following appropriate orders:12
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(5) Dealing with similar procedural matters, including but not limited to case14
management orders providing for consolidation, duties of counsel, the extent and the15
scheduling of and the delays for pre-certification and post-certification discovery,16
and other matters which affect the general order of proceedings; however, the court17
shall not order the class-wide trial of issues dependent for their resolution on proof18
individual to a member of the class or, without the consent of all parties, appoint or19
use a special master or an attorney as a court-appointed expert to adjudicate such20 HLS 14RS-851 ORIGINAL
HB NO. 612
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
issues, including but not limited to the causation of the member's injuries, the amount1
of the member's special or general damages, the individual knowledge or reliance of2
the member, or the applicability to the member of individual claims or defenses.3
Any issues dependent for their resolution on proof individual to a member of the4
class shall be presented by each individual member of the class at a trial of his claim.5
* * *6
Section 2. The provisions of Section 1 of this Act shall become effective on August7
1, 2014, and shall apply to all actions filed on or after that date.8
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. 612
Abstract: Requires an individual class member to present certain proof relative to
individual claims at trial and prohibits the appointment of certain persons by the
court absent consent of the parties.
Present law provides certification procedures for class actions. Present law further
authorizes the court to determine the general order of proceedings.
Proposed law retains present law but requires an individual class member to present proof
relative to individual claims at trial. Further prohibits the court from appointing an expert
to adjudicate individual issues without consent of the parties.
(Amends C.C.P. Art. 592(E)(5))