Louisiana 2024 Regular Session

Louisiana Senate Bill SB330 Latest Draft

Bill / Introduced Version

                            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.