2022 Regular Session ENROLLED
SENATE CONCURRENT RESOL UTION NO. 18
BY SENATOR CONNICK
A CONCURRENT RESOL UTION
To urge and request the Louisiana State Law Institute to study and make recommendations
relative to the filing of additional documents in the form of rebuttable evidence with
a reply memorandum in response to a motion for summary judgment.
WHEREAS, Louisiana Code of Civil Procedure Article 966(B)(3) provides that any
reply memorandum shall be filed and served not less than five days prior to the hearing on
the motion; and
WHEREAS, Louisiana Code of Civil Procedure Article 966(B)(3) further provides
that no additional documents may be filed with the reply memorandum in response to a
motion in opposition to a motion for summary judgment; and
WHEREAS, the Code of Civil Procedure has been revised over the years with the
goal of ensuring relevance and maintaining efficiency and fairness in provisions of law
regarding civil procedure; and
WHEREAS, the necessity, fairness, and efficiency in allowing the courts to consider
additional documents in the form of rebuttable evidence to be filed with the reply
memorandum in response to a motion in opposition to a motion for summary judgment
promotes both judicial efficiency and legal representation of a client's interest; and
WHEREAS, the Louisiana State Law Institute's general duties include examining and
studying the civil law and statutes of the state with a view of discovering defects and
inequities, and of recommending needed reforms; and
WHEREAS, studying the feasibility of amending Code of Civil Procedure Article
966(B)(3) to allow the court to consider rebuttable evidence in response to a motion for
summary judgment would promote fairness.
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THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request the Louisiana State Law Institute to study and make recommendations for
the revision of Code of Civil Procedure Article 966(B)(3) to authorize the filing of additional
documents in the form of rebuttable evidence with a reply memorandum in response to a
motion for summary judgment.
BE IT FURTHER RESOLVED that a copy of the Louisiana State Law Institute
report and recommendations for revising state law in the form of proposed legislation to
effect such recommendations in a statutorily consistent and coordinated manner shall be
submitted to the House of Representatives and the Senate of the Legislature of Louisiana not
later than February 15, 2023.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
Louisiana State Law Institute.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
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