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.