HLS 14RS-3654 ORIGINAL Page 1 of 2 Regular Session, 2014 HOUSE CONCURRENT RESOLUTI ON NO. 137 BY REPRESENTATIVE HARRISON ATTORNEYS/FEES: Provides relative to the judicial enforcement of sanctions for filing frivolous pleadings A CONCURRENT RESOLUTI ON1 To authorize and request the Judicial Council of the Supreme Court of Louisiana to gather2 information in order to determine the frequency and effectiveness of judicial3 enforcement of sanctions for filing frivolous pleadings.4 WHEREAS, in most circumstances under current law, each party to a civil action is5 required to pay the attorney fees he has incurred during the prosecution or defense of the6 action; and7 WHEREAS, parties to civil actions frequently have to litigate spurious or frivolous8 claims or defenses; and 9 WHEREAS, even though Code of Civil Procedure Article 863(D) authorizes the10 court to impose sanctions, including attorney fees, there is no existing method for11 determining the effectiveness or frequency of the imposition of sanctions; and12 WHEREAS, it would be of assistance to the Legislature of Louisiana for the Judicial13 Council to commence gathering data and information from the state district courts relative14 to the frequency of enforcement of sanctions pursuant to Code of Civil Procedure Article15 863(D), as well as any other pertinent data which may be helpful in determining the16 effectiveness of, and possible need to amend, Code of Civil Procedure Article 863(D).17 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby18 authorize and request the Judicial Council of the Supreme Court of Louisiana to gather19 information in order to determine the frequency and effectiveness of judicial enforcement20 of sanctions for filing frivolous pleadings.21 HLS 14RS-3654 ORIGINAL HCR NO. 137 Page 2 of 2 BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted1 to the Chief Justice of the Supreme Court of the state of Louisiana as a member and2 chairperson of the Judicial Council.3 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)] Harrison HCR No. 137 Requests the Judicial Council of the Supreme Court of Louisiana to gather information in order to determine the frequency and effectiveness of judicial enforcement of sanctions for filing frivolous pleadings.