HLS 20RS-549 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 574
BY REPRESENTATIVE SEABAUGH
JUDGMENTS/CIVIL: Provides relative to motions for summary judgment
1 AN ACT
2To amend and reenact Code of Civil Procedure Article 966(H) and to enact Code of Civil
3 Procedure Article 966(I), relative to motions for summary judgment; to provide for
4 the awarding of court costs and attorney fees for the party found not at fault or
5 negligent; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Civil Procedure Article 966(H) is hereby amended and reenacted
8and Code of Civil Procedure Article 966(I) is hereby enacted to read as follows:
9 Art. 966. Motion for summary judgment; procedure
10 * * *
11 H. If summary judgment is granted pursuant to this Article dismissing a
12 party from an action, the court shall award court costs and attorney fees to the party
13 dismissed.
14 I. On review, an appellate court shall not reverse a trial court's denial of a
15 motion for summary judgment and grant a summary judgment dismissing a case or
16 a party without assigning the case for briefing and permitting the parties an
17 opportunity to request oral argument.
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-549 ORIGINAL
HB NO. 574
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 574 Original 2020 Regular Session Seabaugh
Abstract: Provides for the awarding of court costs and attorney fees for parties dismissed
in a motion for summary judgment.
Present law provides that parties or non-parties found not negligent or at fault in a motion
for summary judgment shall not be considered in any subsequent allocation of fault.
Proposed law provides for the awarding of court costs and attorney fees for parties
dismissed.
(Amends C.C.P. Art. 966(H); Adds C.C.P. Art. 966(I))
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.