Louisiana 2024 2024 Regular Session

Louisiana House Bill HB969 Introduced / Bill

                    HLS 24RS-1214	ORIGINAL
2024 Regular Session
HOUSE BILL NO. 969          (Substitute for House Bill No. 663 by Representative Green)
BY REPRESENTATIVE GREEN
COURTS:  Provides relative to certain judicial proceedings conducted by remote technology
1	AN ACT
2To amend and reenact Code of Civil Procedure Article 195.1, relative to judicial
3 proceedings conducted by remote technology; to provide for hearings; to provide for
4 judge trials; to require the court to give written reasons declining the remote
5 appearance for good cause; to provide for the consent of the parties; and to provide
6 for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1.  Code of Civil Procedure Article 195.1 is hereby amended and reenacted
9to read as follows: 
10 Art. 195.1.  Judicial proceedings by audio-visual means remote technology
11	A.  A hearing on any motion or exception may be conducted by any audio-
12 visual means at the discretion of the court.  If witness testimony is necessary, a party
13 may request that the hearing be conducted in person.  In any civil proceeding that
14 does not require witness testimony or the introduction of evidence, a party may
15 provide written notice to the court at least ten days prior to the scheduled hearing
16 date that he will appear remotely.  Provided the court has the requisite technology,
17 the court shall allow the party to appear by any audio-visual means, unless the court
18 provides written reasons declining the remote appearance for good cause.
19	B.(1)  When allowing a remote appearance pursuant to this Section, the court
20 shall ensure the technology enables all parties, whether appearing remotely or in
21 person, to fully participate.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-1214	ORIGINAL
HB NO. 969
1	(2)  The court shall require that a remote appearance by a party abide by any
2 necessary privacy and security requirements appropriate for the conference, hearing,
3 proceeding, or trial as established by the court.
4	C.  The court shall have a process for a party, court reporter, or other court
5 personnel to alert of any technology or audibility issues arising during a remote
6 proceeding.
7	B. D.  A judge trial may be conducted by any audio-visual means with the
8 consent of all parties and permission of the court.
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 969 Original 2024 Regular Session	Green
Abstract: Permits court proceedings to be conducted via remote technology.
Present law provides that a hearing on any motion or exception may be conducted by any
audio-visual means at the discretion of the court.  Provides further that if witness testimony
is necessary, a party may request that the hearing be conducted in person.
Proposed law provides that in any civil proceeding that does not require witness testimony
or the introduction of evidence, a party may provide written notice to the court at least 10
days prior to the scheduled hearing date that he will appear remotely.  Provides further that
provided the court has the requisite technology, the court shall allow the party to appear by
any audio-visual means, unless the court provides written reasons declining the remote
appearance for good cause.
Proposed law provides that when allowing a remote appearance as provided by proposed
law, the court shall ensure the technology enables all parties, whether appearing remotely
or in person, to fully participate.  Provides further that the court shall require that a remote
appearance by a party abide by any necessary privacy and security requirements appropriate
for the conference, hearing, proceeding, or trial as established by the court.
Proposed law provides that the court shall have a process for a party, court reporter, or other
court personnel to alert of any technology or audibility issues arising during a remote
proceeding.
Present law provides that a judge trial may be conducted by any audio-visual means with the
consent of all parties and permission of the court.
Proposed law retains present law.
(Amends C.C.P. Art. 195.1)
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.