HLS 23RS-187 ORIGINAL
2023 Regular Session
HOUSE BILL NO. 339
BY REPRESENTATIVE GREGORY MILLER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
EVIDENCE: Provides relative to motions for summary judgment
1 AN ACT
2To amend and reenact Code of Civil Procedure Article 966(G), relative to motions for
3 summary judgment; to provide relative to the admission of evidence; to provide
4 relative to fault; to provide for the admission of evidence of a principal acting
5 pursuant to a mandate; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Civil Procedure Article 966(G) is hereby amended and reenacted
8to read as follows:
9 Art. 966. Motion for summary judgment; procedure
10 * * *
11 G. When the court grants a motion for renders summary judgment in
12 accordance with the provisions of this Article, that a party or non-party nonparty is
13 not negligent, is not at fault, or did not cause in whole or in part the injury or harm
14 alleged, that party or non-party nonparty shall not be considered in any subsequent
15 allocation of fault. Evidence shall not be admitted at trial to establish the fault of that
16 party or non-party nonparty except that evidence may be admitted to establish the
17 fault of a principal when the party or nonparty acted pursuant to a mandate. During
18 the course of the trial, no party or person shall refer directly or indirectly to any such
19 fault, nor shall that party or non-party's nonparty's fault be submitted to the jury or
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-187 ORIGINAL
HB NO. 339
1 included on the jury verdict form except where evidence is admitted of the party or
2 nonparty for purposes of establishing the fault of the party or nonparty's principal.
3 This Paragraph does not apply if the trial or appellate court's judgment rendered in
4 accordance with this Article is reversed. If the judgment is reversed by an appellate
5 court, the reversal is applicable to all parties.
6 * * *
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 339 Original 2023 Regular Session Gregory Miller
Abstract: Provides relative to the admission of evidence at trial for the fault of a principal
pursuant to a mandate.
Present law provides relative to motions for summary judgment.
Present law provides that when a court grants a motion for summary judgment that a party
or nonparty is not negligent, is not at fault, or did not cause the injury or harm alleged, the
party or nonparty shall not be considered in any subsequent allocation of fault.
Present law provides that evidence shall not be admitted at trial, submitted to the jury, or
included on the jury verdict form to establish fault of the party.
Proposed law provides for the admission of evidence to establish the fault of a principal
when the party or nonparty acted pursuant to a mandate.
Proposed law provides that proposed law does not apply if the judgment of an appellate
court is reversed.
(Amends C.C.P. Art. 966(G))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.