Louisiana 2023 2023 Regular Session

Louisiana House Bill HCR22 Engrossed / Bill

                    HLS 23RS-1065	ENGROSSED
2023 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 22
BY REPRESENTATIVE FRIEMAN
CIVIL/PROCEDURE:  Directs the Louisiana State Law Institute to study and make
recommendations regarding notice and mailing requirements
1	A CONCURRENT RESOL UTION
2To authorize and direct the Louisiana State Law Institute to study procedures in civil actions
3 that require the mailing of notice with respect to the commencement of certain
4 deadlines or answers or responses or for appearance before the court for certain
5 motions and other hearings to determine whether it is more effective to base timely
6 notice on the date of mailing of such notice or on the date of actual receipt of such
7 notice and report its findings to the Louisiana Legislature no later than February 1,
8 2024.
9 WHEREAS, the required notice and related deadlines in certain civil actions, such
10as motions for new trial and default judgments, are based upon the mailing of notice as
11opposed to the receipt of notice; and
12 WHEREAS, the United States Postal Service is often delayed in its delivery of items;
13and 
14 WHEREAS, due to the delays of delivery by the United States Postal Service, it is
15possible for parties to receive notice after a deadline has passed or not within enough time
16to respond; and
17 WHEREAS, timely notice is crucial so all parties can respond accordingly within
18adequate time; and 
19 WHEREAS, it may be more effective for notice to be based upon the date of receipt
20instead of the date of mailing because deadlines may pass before delivery.
Page 1 of 2 HLS 23RS-1065	ENGROSSED
HCR NO. 22
1 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
2authorize and direct the Louisiana State Law Institute to study procedures in civil actions
3that require the mailing of notice with respect to the commencement of certain deadlines for
4answers or responses or for appearance before the court for certain motions and other
5hearings and to report its findings to the Legislature of Louisiana no later than February 1,
62024.
7 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
8director of the Louisiana State Law Institute.
9 BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall submit
10one print copy and one electronic copy of any report produced pursuant to this Resolution
11to the David R. Poynter Legislative Research Library as required by R.S. 24:772.
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)]
HCR 22 Engrossed 2023 Regular Session	Frieman
Directs the La. State Law Institute to study provisions on notice and mailing requirements
to determine if it is more effective to have timely notice upon date of receipt instead of date
of mailing and to report its findings to the legislature no later than Feb. 1, 2024.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Change U.S. Post Office to U.S. Postal Service.
Page 2 of 2