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Regular Session, 2014 ENROLLED
SENATE CONCURRENT RESOLUTI ON NO. 105
BY SENATOR JOHNS
A CONCURRENT RESOLUTI ON
To urge and request 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.
WHEREAS, Code of Civil Procedure Article 3121 was first enacted in 1961, and
originally provided that when no qualified person petitioned for appointment as
administrator of a vacant succession, the court may appoint the clerk of court to be
administrator of that succession; and
WHEREAS, the original article further stated that if the clerk of court was appointed,
then his official bond should provide security for the performance of the duties of
administering that vacant succession; and
WHEREAS, in 1974, the Legislature amended Code of Civil Procedure Article 3121
to authorize the court to appoint an attorney at law, rather than the clerk of court, as
administrator and that the attorney "shall be required to furnish security as required by law",
and that, otherwise, "all of the provisions of law relating to the administrator of a
succession" apply to such appointment; and
WHEREAS, the security requirements of Code of Civil Procedure Article 3121 may
impose a hardship upon attorneys appointed by a court to administer vacant successions.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request 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.
BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall report
its findings and recommendations to the Legislature of Louisiana on or before January 1,
2015. SCR NO. 105 ENROLLED
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BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
director of the Louisiana State Law Institute.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES