HLS 16RS-945 ORIGINAL
2016 Regular Session
HOUSE BILL NO. 405
BY REPRESENTATIVE FOIL
CIVIL/MOTIONS: Provides relative to the motion for summary judgment
1 AN ACT
2To amend and reenact Code of Civil Procedure Article 966(B)(introductory paragraph) and
3 (2), relative to motions for summary judgment; to provide for the period of time
4 within which to file an opposition to a motion for summary judgment; and to provide
5 for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Civil Procedure Article 966(B)(introductory paragraph) and (2)
8is hereby amended and reenacted to read as follows:
9 Art. 966. Motion for summary judgment; procedure
10 * * *
11 B. Unless extended by the court and agreed to by all of the parties, a motion
12 for summary judgment shall be filed, opposed, or replied to in accordance with the
13 following provisions:
14 * * *
15 (2) Any opposition to the motion and all documents in support of the
16 opposition shall be filed and served in accordance with Article 1313 not less than
17 fifteen ten days prior to the hearing on the motion.
18 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-945 ORIGINAL
HB NO. 405
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)]
HB 405 Original 2016 Regular Session Foil
Abstract: Changes the period within which to file and serve an opposition to a motion for
summary judgment from 15 days to 10 days prior to the hearing on the motion.
Present law provides that unless extended by the court and agreed to by all of the parties, a
motion for summary judgment shall be filed, opposed, or replied to in accordance with the
provisions of present law.
Proposed law removes the requirement that the extension of time be agreed to by all of the
parties.
Present law provides that a motion for summary judgment and all documents in support of
the motion shall be filed and served on all parties in accordance with C.C.P. Art. 1313 not
less than 65 days prior to the trial.
Present law provides that any opposition to the motion and all documents in support of the
opposition shall be filed and served in accordance with C.C.P. Art. 1313 not less than 15
days prior to the hearing on the motion.
Proposed law retains present law but changes the period of time within which to file and
serve an opposition to the motion from 15 days to 10 days prior to the hearing on the motion.
(Amends C.C.P. Art. 966(B)(intro. para.) and (2))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.