Louisiana 2014 2014 Regular Session

Louisiana House Bill HCR137 Introduced / Bill

                    HLS 14RS-3654	ORIGINAL
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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
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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.