Louisiana 2018 Regular Session

Louisiana House Bill HB16

Introduced
1/24/18  
Refer
1/24/18  
Refer
1/24/18  
Refer
3/12/18  
Refer
3/12/18  
Report Pass
3/27/18  
Report Pass
3/27/18  
Engrossed
4/5/18  
Refer
4/9/18  
Refer
4/9/18  
Report Pass
5/1/18  
Report Pass
5/1/18  
Enrolled
5/9/18  
Chaptered
5/15/18  
Passed
5/15/18  

Caption

Provides relative to taking judicial notice of statutes

Impact

The enactment of HB 16 is expected to simplify legal procedures by establishing clearer guidelines on how courts recognize and accept statutes from outside Louisiana. This could potentially reduce the time and resources spent in cases where the validity of statutes is in question, thereby leading to more expedient legal proceedings. The bill positions the courts to operate with a broader acceptance of recognized legal texts, which is particularly useful in cases involving federal or state regulations and laws from other jurisdictions.

Summary

House Bill 16 aims to amend the Code of Civil Procedure in Louisiana concerning the proof of statutes. The primary focus of the bill is to facilitate the taking of judicial notice of statutes from the United States, its territories, and foreign jurisdictions. It outlines that printed materials which appear as statutes will be accepted as prima facie evidence in the state's courts, streamlining the process for legal practitioners when referencing such laws. By codifying this procedure, the bill intends to enhance the court's efficiency in acknowledging valid statutes without requiring extensive validation of printed documents.

Sentiment

General sentiment around HB 16 appears to be positive, with support primarily coming from legal professionals who see it as a beneficial reform that enhances the clarity and efficiency of legal processes. The recognition of statutes from various jurisdictions could also bolster the credibility and accessibility of legal references in Louisiana courts. However, as with any legislative change, there may be concerns regarding potential misapplications or disputes about the interpretation of 'commonly recognized' statutes in legal contexts.

Contention

While there seems to be support for HB 16 within the legislative framework, the bill does hint at potential issues regarding the interpretation and applicability of foreign statutes within Louisiana courts. Ensuring that what constitutes a 'commonly recognized' statute is well-defined may create some contention among legal entities about the standards of proof required. As the bill modifies existing legal frameworks surrounding judicial notice, it opens the floor for discussions on how best to implement these changes without compromising the integrity of evidence presented in court.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.