SLS 201ES-29 ENGROSSED
2020 First Extraordinary Session
SENATE BILL NO. 11
BY SENATOR FESI
FRAUD. Provides relative to civil liability and certain actions for nullity involving fraud.
(Item #40) (See Act)
1 AN ACT
2 To enact Code of Civil Procedure Art. 2004.1, relative to civil actions; to provide relative
3 to nullity of judgments for fraud; to provide for certain terms and conditions; and to
4 provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. Code of Civil Procedure Article 2004.1 is hereby enacted to read as
7 follows:
8 Art. 2004.1. Annulment for vice of fraud
9 A. A final judgment or compromise settlement obtained by fraud in an
10 action for a delictual or quasi delictual offense may be annulled.
11 B. An action to annul a judgment or compromise settlement on these
12 grounds must be brought within one year of the discovery by any party to the
13 original final judgment or compromised settlement.
14 C. A nullity action pursuant to this Article may be brought by a liability
15 insurer who would have been an interested party in the original action, whether
16 or not named as a party in that action.
17 D. The court may award reasonable attorney fees incurred by the
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 11
SLS 201ES-29 ENGROSSED
1 prevailing party in the nullity action and, if the judgment or settlement is
2 nullified, judicial interest on repayment of the original amount of the award or
3 settlement.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Margaret M. Corley.
DIGEST
SB 11 Engrossed 2020 First Extraordinary Session Fesi
Present law provides for nullity of actions on the basis of fraud or ill practices.
Proposed law retains present law and further provides for nullity of a final judgment or
compromise settlement obtained by fraud in an action for a delictual or quasi delictual
offense.
Proposed law provides for the annulment of a judgment or compromise settlement on the
grounds of fraud to be brought within one year of the discovery by any party to the original
final judgment or compromised settlement.
Proposed law provides that a nullity action pursuant to proposed law may be brought by a
liability insurer who would have been an interested party in the original action, whether or
not named as a party in that action.
Proposed law provides that the court may award reasonable attorney fees incurred by the
prevailing party in the nullity action and, if the judgment or settlement is nullified, judicial
interest on repayment of the original amount of the award or settlement.
Effective 60 days upon adjournment of the 2020 First Extraordinary Session.
(Adds C.C.P. Art. 2004.1)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Provide that any party to the original final judgment or compromised
settlement may bring a nullity action pursuant to proposed law.
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.