SSHB386 4274 3837
HOUSE SUMMARY OF SENATE AMENDMENTS
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
Synopsis of Senate Amendments
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, rate of compensation, duties, and assignments of
each special master appointed in each jurisdiction.
3.Provides that the appointment and disqualification of special masters shall
comply with the requirements of Fed. Civ. R. 53.
4.Provides for waiver of appointment orders and the ability for parties to opt out.
5.Prohibits the impairment of an appointing court's authority, jurisdiction, or
venue by a provision or policy form.
6.Makes technical changes.
Digest of Bill as Finally Passed by Senate
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 U.S. 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 of a special master appointment.
Proposed law provides for annual reporting on the number, rate of compensation, duties and
assignments of special masters appointed in each jurisdiction.
Proposed law provides that the appointment and disqualification of special masters shall
comply with the requirements of Fed. Civ. R. 53.
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 for waiver of appointment orders and an ability to opt-out upon the
request of any party.
Proposed law provides that no provision of law may be construed to impair the authority of
a court that appoints a special master. Provides that jurisdiction or venue shall not be
impaired.
(Adds R.S. 13:4165(F))
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