SLS 24RS-126 ORIGINAL 2024 Regular Session SENATE BILL NO. 330 BY SENATOR SEABAUGH LIABILITY. Provides for liability for judgment of dismissal. (8/1/24) 1 AN ACT 2 To enact Code of Civil Procedure Arts. 971.1 and 1674, relative to liability; to provide 3 relative to civil actions; to provide with respect to pretrial and post-trial motions; to 4 provide relative to the effect of a judgment of dismissal; to provide relative to costs 5 and attorney fees; and to provide for related matters. 6 Be it enacted by the Legislature of Louisiana: 7 Section 1. Code of Civil Procedure Arts. 971.1 and 1674 are hereby enacted to read 8 as follows: 9 Art. 971.1. Effect of judgment of dismissal; pretrial motions; costs 10 Any defendant, against whom all causes of action are dismissed by the 11 granting of any dispositive motion or exception prior to trial, shall be granted 12 judgment against every plaintiff filing such action in an amount equal to the 13 costs and attorney fees incurred in defense of the action. 14 * * * 15 Art. 1674. Effect of judgment of dismissal; post-trial motions; costs 16 Any defendant who, after a trial, obtains a judgment which results in 17 dismissal of all causes of action, shall be granted judgment against every Page 1 of 2 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 330 SLS 24RS-126 ORIGINAL 1 plaintiff filing such action in an amount equal to the costs and attorney fees 2 incurred in defense of the action. The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Hanna Gettys. DIGEST SB 330 Original 2024 Regular Session Seabaugh Proposed law provides that any defendant, against whom all causes of action are dismissed by the granting of any dispositive motion or exception prior to trial, shall be granted judgment against every plaintiff filing such action in an amount equal to the costs and attorney fees incurred in defense of the action. Proposed law provides that any defendant who, after a trial, obtains a judgment which results in dismissal of all causes of action, shall be granted judgment against every plaintiff filing such action in an amount equal to the cost and attorney fees incurred in defense of the action. Effective August 1, 2024. (Adds C.C.P. Arts. 971.1 and 1674) Page 2 of 2 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.