SLS 22RS-985 ORIGINAL
2022 Regular Session
SENATE CONCURRENT RESOL UTION NO. 18
BY SENATOR CONNICK
CIVIL PROCEDURE. Requests the Louisiana State Law Institute to study and make
recommendations regarding reply memoranda in response to a motion for summary
judgment.
1 A CONCURRENT RESOL UTION
2 To urge and request the Louisiana State Law Institute to study and make recommendations
3 relative to the filing of additional documents in the form of rebuttable evidence with
4 a reply memorandum in response to a motion for summary judgment.
5 WHEREAS, Louisiana Code of Civil Procedure Article 966(B)(3) provides that any
6 reply memorandum shall be filed and served not less than five days prior to the hearing on
7 the motion; and
8 WHEREAS, Louisiana Code of Civil Procedure Article 966(B)(3) further provides
9 that no additional documents may be filed with the reply memorandum in response to a
10 motion in opposition to a motion for summary judgment; and
11 WHEREAS, the Code of Civil Procedure has been revised over the years with the
12 goal of ensuring relevance and maintaining efficiency and fairness in provisions of law
13 regarding civil procedure; and
14 WHEREAS, the necessity, fairness, and efficiency in allowing the courts to consider
15 additional documents in the form of rebuttable evidence to be filed with the reply
16 memorandum in response to a motion in opposition to a motion for summary judgment
17 promotes both judicial efficiency and legal representation of a client's interest; and
18 WHEREAS, the Louisiana State Law Institute's general duties include examining and
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SLS 22RS-985 ORIGINAL
1 studying the civil law and statutes of the state with a view of discovering defects and
2 inequities, and of recommending needed reforms; and
3 WHEREAS, studying the feasibility of amending Code of Civil Procedure Article
4 966(B)(3) to allow the court to consider rebuttable evidence in response to a motion for
5 summary judgement would promote fairness.
6 THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana
7 does hereby urge and request the Louisiana State Law Institute to study and make
8 recommendations for the revision of Code of Civil Procedure Article 966(B)(3) to authorize
9 the filing of additional documents in the form of rebuttable evidence with a reply
10 memorandum in response to a motion for summary judgment.
11 BE IT FURTHER RESOLVED that a copy of the Louisiana State Law Institute
12 report and recommendations for revising state law in the form of proposed legislation to
13 effect such recommendations in a statutorily consistent and coordinated manner shall be
14 submitted to the Senate of the Legislature of Louisiana not later than February 15, 2023.
15 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
16 Louisiana State Law Institute.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Lebra R. Bias.
DIGEST
SCR 18 Original 2022 Regular Session Connick
Requests the Louisiana State Law Institute to study authorizing the filing of additional
documents in the form of rebuttable evidence with a reply memorandum in response to a
motion for summary judgment, and to submit report to the Senate not later than February 15,
2023.
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