HLS 18RS-515 ORIGINAL
2018 Regular Session
HOUSE BILL NO. 550
BY REPRESENTATIVE MAGEE
CIVIL/DISCOVERY: Provides relative to the delays for responding to discovery requests
in certain proceedings
1 AN ACT
2To amend and reenact Code of Civil Procedure Articles1458 and 1462(B), relative to delays
3 for responding to written discovery requests; to provide relative to delays for
4 answering interrogatories in family law matters; to provide relative to delays for
5 answering requests for production of documents in family law matters; and to
6 provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. Code of Civil Procedure Articles 1458 and 1462(B) are hereby amended
9and reenacted to read as follows:
10 Art. 1458. Interrogatories to parties; procedures for use
11 A. Each interrogatory shall be answered separately and fully in writing under
12 oath, unless it is objected to, in which event the reasons for objection shall be stated
13 in lieu of an answer. The written answer or reasons for objection to each
14 interrogatory shall immediately follow a restatement of the interrogatory to which
15 the answer or objection is responding. The answers are to be signed by the person
16 making them. When interrogatories are served on a specific party, that party shall
17 verify he has read and confirmed the answers and objections. The party upon whom
18 the interrogatories have been served shall serve a copy of the answers, and objections
19 if any, within thirty days after the service of the interrogatories, except as set forth
20 in Paragraph B of this Article. The court may allow a shorter or longer time. The
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HB NO. 550
1 party submitting the interrogatories may move for an order under Article 1469 with
2 respect to any objection to or other failure to answer an interrogatory.
3 B. The delay for serving a copy of the answers to interrogatories in family
4 law cases, including divorce, custody, spousal and child support, community
5 property, and matters incidental to family law proceedings, shall be fifteen days after
6 service of the discovery, unless the interrogatories are served with an original
7 petition, in which case the party who has been served shall have thirty days from the
8 date of service to serve a copy of the answers to interrogatories.
9 * * *
10 Art. 1462. Production of documents and things; entry upon land; procedure
11 * * *
12 B.(1) The party upon whom the request is served shall serve a written
13 response within thirty days after service of the request, except as set forth in
14 Subparagraph (2) of this Paragraph. The court may allow a shorter or longer time.
15 With respect to each item or category, the response shall state that inspection and
16 related activities will be permitted as requested, unless the request is objected to, in
17 which event the reasons for objection shall be stated. If objection is made to part of
18 an item or category, the part shall be specified. The written answer or reasons for
19 objection to each request for production of documents shall immediately follow a
20 restatement of the request for production of documents to which the answer or
21 objection is responding. The party submitting the request may move for an order
22 under Article 1469 with respect to any objection to or other failure to respond to the
23 request, or any part thereof, or any failure to permit inspection as requested. If
24 objection is made to the requested form or forms for producing information,
25 including electronically stored information, or if no form was specified in the
26 request, the responding party shall state in its response the form or forms it intends
27 to use.
28 (2) The delay for serving a copy of the responses to requests in family law
29 cases, including divorce, custody, spousal and child support, community property,
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HB NO. 550
1 and matters incidental to family law proceedings, shall be fifteen days after service
2 of the discovery, unless the request is served with an original petition, in which case
3 the party who has been served shall have thirty days from the date of service to serve
4 a copy of the answers to the request.
5 (2)(3) A party need not provide discovery of electronically stored
6 information from sources that the party identifies as not reasonably accessible
7 because of undue burden or cost. On motion to compel discovery or for a protective
8 order, the party from whom discovery is sought shall show that the information is not
9 reasonably accessible because of undue burden or cost. If that showing is made, the
10 court may nonetheless order discovery from such sources if the requesting party
11 shows good cause. The court may specify conditions for the discovery considering
12 the criteria and limitations of Article 1426.
13 * * *
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 550 Original 2018 Regular Session Magee
Abstract: Reduces the time delay to respond to written discovery requests in family law
matters from 30 days to 15 days.
Present law requires that a party respond to written interrogatories and requests for
production of documents within 30 days of service of the written discovery requests.
Proposed law reduces the time delay to respond to written interrogatories from 30 days to
15 days in family law matters, including divorce, custody, support, community property, and
incidental matters.
(Amends C.C.P. Arts. 1458 and 1462(B))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.