ENROLLED
ACT No. 368
2023 Regular Session
HOUSE BILL NO. 339
BY REPRESENTATIVE GREGORY MILLER
1 AN ACT
2 To 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.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Civil Procedure Article 966(G) is hereby amended and reenacted
8 to 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 or
18 procuration. During the course of the trial, no party or person shall refer directly or
19 indirectly to any such fault, nor shall that party or non-party's nonparty's fault be
20 submitted to the jury or included on the jury verdict form except where evidence is
21 admitted of the acts of the party or nonparty for purposes of establishing the fault of
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 339 ENROLLED
1 the party or nonparty's principal. This Paragraph does not apply if the trial or
2 appellate court's judgment rendered in accordance with this Article is reversed. If
3 the judgment is reversed by an appellate court, the reversal is applicable to all
4 parties.
5 * * *
6 Section 2. In the case of any conflict between the provisions of this Act and the
7 provisions of any other Act of the 2023 Regular Session of the Legislature, the provisions
8 of this Act shall supersede and control regardless of the order of passage.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.