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Regular Session, 2014
SENATE CONCURRENT RESOLUTI ON NO. 105
BY SENATOR JOHNS
LEGIS POWERS/FUNCTIONS. Requests the Louisiana State Law Institute to study and
make recommendations regarding Code of Civil Procedure Article 3121.
A CONCURRENT RESOLUTI ON1
To urge and request the Louisiana State Law Institute to study and make recommendations2
to the Louisiana Legislature regarding Code of Civil Procedure Article 3121 and the3
article's requirement that security be posted by an attorney appointed by the court to4
administer a vacant succession.5
WHEREAS, Code of Civil Procedure Article 3121 was first enacted in 1961, and6
originally provided that when no qualified person petitioned for appointment as7
administrator of a vacant succession, the court may appoint the clerk of court to be8
administrator of that succession; and9
WHEREAS, the original article further stated that if the clerk of court was appointed,10
then his official bond should provide security for the performance of the duties of11
administering that vacant succession; and 12
WHEREAS, in 1974, the Legislature amended Code of Civil Procedure Article 312113
to authorize the court to appoint an attorney at law, rather than the clerk of court, as14
administrator and that the attorney "shall be required to furnish security as required by law",15
and that, otherwise, "all of the provisions of law relating to the administrator of a16
succession" apply to such appointment; and17
WHEREAS, the security requirements of Code of Civil Procedure Article 3121 may18 SCR NO. 105
SLS 14RS-2192 ORIGINAL
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impose hardship upon attorneys appointed by a court to administer vacant successions.1
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby2
urge and request the Louisiana State Law Institute to study and make recommendations to3
the Louisiana Legislature regarding Code of Civil Procedure Article 3121, and the article's4
requirement that security be posted by an attorney appointed by the court to administer a5
vacant succession.6
BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall report7
its findings and recommendations to the Legislature of Louisiana on or before January 1,8
2015.9
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the10
director of the Louisiana State Law Institute.11
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
DIGEST
Johns SCR No. 105
Requests the Louisiana State Law Institute to study and make recommendations to the
Louisiana Legislature regarding Code of Civil Procedure Article 3121 and the article's
requirement that security be posted by an attorney appointed by the court to administer a
vacant succession.