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