SLS 18RS-341 ENGROSSED
2018 Regular Session
SENATE BILL NO. 56
BY SENATOR MILKOVICH
CIVIL PROCEDURE. Provides right of an oral argument in contradictory proceedings.
(gov sig)
1 AN ACT
2 To enact Code of Civil Procedure Art. 1636.1, relative to contradictory hearings in civil
3 proceedings; to provide for the right to present oral arguments; to provide with
4 respect to reasonable control of oral argument by the court, waiver or denial of oral
5 argument, and grounds for setting aside a judgment obtained in violation of
6 requirements; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. Code of Civil Procedure Art. 1636.1 is hereby enacted to read as follows:
9 Art. 1636.1. Contradictory hearings; oral arguments
10 A. Notwithstanding any provision of law to the contrary, a party shall
11 have the right to present oral argument, in addition to written briefs, at all
12 contradictory hearings in civil proceedings. Oral argument may be waived only
13 if all parties agree in writing to such waiver, and may be denied by the court to
14 a party if their pleadings or documents in connection with the contradictory
15 hearing have not been timely filed.
16 B. Reasonable control over oral argument presented under this Article
17 may be exercised by the court.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 56
SLS 18RS-341 ENGROSSED
1 C. The obtaining of a judgment in violation of this Article shall be
2 mandatory grounds for setting aside the judgment and seeking a new hearing,
3 by motion within thirty days after the clerk has mailed, or the sheriff has
4 served, the notice of judgment as required by Article 1913.
5 Section 2. This Act shall become effective upon signature by the governor or, if not
6 signed by the governor, upon expiration of the time for bills to become law without signature
7 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
8 vetoed by the governor and subsequently approved by the legislature, this Act shall become
9 effective on the day following such approval.
The original instrument was prepared by Xavier I. Alexander. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Jerry G. Jones.
DIGEST
SB 56 Engrossed 2018 Regular Session Milkovich
Proposed law provides that notwithstanding any provision of law to the contrary, a party
shall have the right to present oral argument, in addition to written briefs, at all contradictory
hearings in civil cases. Further provides that oral argument may be waived only if all parties
agree in writing to such waiver, and may be denied by the court to a party if their pleadings
or documents in connection with the contradictory hearing have not been timely filed.
Proposed law also provides that reasonable control over argument presented under proposed
law may be exercised by the court.
Proposed law further provides that the obtaining of a judgment in violation of proposed law
shall be mandatory grounds for setting aside the judgment and seeking a new hearing, by
motion brought within 30 days after the clerk has mailed, or sheriff has served, the notice
of judgment as required by law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds C.C.P. Art. 1636.1)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Adds that oral argument may be denied by the court to a party if their
pleadings or documents have not been timely filed.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.