HLS 14RS-3654 ENGROSSED
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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 pleadings in violation of Code of Civil Procedure4
Article 863(B).5
WHEREAS, in most circumstances under current law, each party to a civil action is6
required to pay the attorney fees he has incurred during the prosecution or defense of the7
action; and8
WHEREAS, parties to civil actions sometimes litigate claims or defenses that violate9
Code of Civil Procedure Article 863(B); and 10
WHEREAS, even though Code of Civil Procedure Article 863(D) authorizes the11
court to impose sanctions, including attorney fees, there is no existing method for12
determining the effectiveness or frequency of the imposition of sanctions; and13
WHEREAS, it would be of assistance to the Legislature of Louisiana for the Judicial14
Council to commence gathering data and information from the state district courts relative15
to the frequency of enforcement of sanctions pursuant to Code of Civil Procedure Article16
863(D), as well as any other pertinent data which may be helpful in determining the17
effectiveness of, and possible need to amend, Code of Civil Procedure Article 863(D).18
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby19
authorize and request the Judicial Council of the Supreme Court of Louisiana to gather20 HLS 14RS-3654 ENGROSSED
HCR NO. 137
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information in order to determine the frequency and effectiveness of judicial enforcement1
of sanctions for filing pleadings in violation of Code of Civil Procedure Article 863(B).2
BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted3
to the Chief Justice of the Supreme Court of the state of Louisiana as a member and4
chairperson of the Judicial Council.5
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 pleadings that violate Code of Civil Procedure Article 863(B), relative to signing of
pleadings.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Judiciary to the original bill.
1. Changed all references from "filing frivolous pleadings" to "filing pleadings in
violation of Code of Civil Procedure Article 863(B)", which provides that the
signature of an attorney certifies certain information contained within the
pleading.