Louisiana 2014 2014 Regular Session

Louisiana House Bill HB623 Introduced / Bill

                    HLS 14RS-1288	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. 623
BY REPRESENTATIVE ABRAMSON
CIVIL/PROCEDURE:  Provides relative to special masters
AN ACT1
To amend and reenact R.S. 13:4165(A) and (D), relative to the appointment of special2
masters; to provide for contingent consent of the parties litigant; to provide for the3
compensation of the special master; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1.  R.S. 13:4165(A) and (D) are hereby amended and reenacted to read as6
follows: 7
ยง4165.  Special masters; appointment; duties and powers; compensation8
A. Pursuant to the inherent judicial power of the court and upon its own9
motion and with the consent of all parties litigant, the court may enter an order10
appointing a special master in any civil action wherein complicated legal or factual11
issues are presented or wherein exceptional circumstances of the case warrant such12
appointment. The consent of the parties litigant may be contingent upon any of the13
following:14
(1)  An estimate of the amount of the compensation of the special master.15
(2)  The identity of the special master.16
(3) The court's anticipated specifications of the powers of the special master17
as defined by Subsection B of this Section.18
*          *          *19
D. The master's compensation shall be reasonable, fixed by the court 	as20
limited by Subsection A of this Section, and taxed as costs of court.21 HLS 14RS-1288	ORIGINAL
HB NO. 623
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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. 623
Abstract: Provides for the contingent consent by the parties litigant to the appointment of
a special master.
Present law provides that pursuant to the inherent judicial power of the court and upon its
own motion and with the consent of all parties litigant, the court may enter an order
appointing a special master in any civil action wherein complicated legal or factual issues
are presented or wherein exceptional circumstances of the case warrant such appointment.
Proposed law retains present law and provides that the consent of the parties litigant may be
contingent upon an estimate of the amount of the compensation of the special master, the
identity of the special master, and the court's anticipated specifications of the powers of the
special master.
Present law provides that the master's compensation shall be reasonable, fixed by the court
and taxed as costs of court.
Proposed law retains present law and provides that the compensation shall be subject to
approval by the parties litigant as provided by 	proposed law. 
(Amends R.S. 13:4165(A) and (D))