GREEN SHEET REDIGEST
HB 386 2021 Regular Session Farnum
COURTS: Provides relative to appointment of special masters in certain civil actions
arising within a parish included in a major disaster declaration
DIGEST
Present law provides the authority and procedure for the appointment, duties, powers, and
compensation of a special master.
Proposed law provides for the appointment of one or more special masters for all causes of
action related to first-party insurance property damage claims in a parish declared by the
president of the United States to be subject to a major disaster declaration and certified for
individual assistance under federal law.
Proposed law provides for the appointment, duties, or compensation of the special master or
masters in any manner directed by the court. Provides that the court shall allow a party an
opportunity to file a motion to opt out of proceedings before the special master upon a
showing of good cause.
Proposed law provides for the termination and waiver of a special master appointment.
Proposed law provides for annual reporting on the number, compensation, duties and
assignments of special masters appointed in each jurisdiction.
Proposed law provides for the possibility of mandatory mediation with the goal of expedited
dispute resolution using qualified neutral mediators appointed and compensated in the
manner directed by the court.
Proposed law provides that the appointment and disqualification of special masters shall
comply with the requirements of Fed. Civ. R.53.
(Adds R.S. 13:4165(F))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
engrossed bill
1. Provides that the appointment of a special master shall terminate upon
determination by the appointing judges en banc.
2. Provides that each court in which a special master is appointed shall file an
annual report on the number, compensation, duties, and assignments of each
special master under jurisdiction.
3. Provides that a party may waive his appointment as special master.
4. Provides that the appointment and disqualification of special masters shall
comply with the requirements of Fed. Civ. R.53.
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Prepared by Lebra Bias.