Louisiana 2014 Regular Session

Louisiana House Bill HB46

Introduced
3/10/14  
Introduced
3/10/14  
Refer
3/10/14  
Refer
3/10/14  
Report Pass
3/31/14  
Report Pass
3/31/14  
Engrossed
4/7/14  
Refer
4/8/14  
Refer
4/8/14  
Report Pass
5/6/14  
Enrolled
5/14/14  
Enrolled
5/14/14  
Chaptered
5/22/14  
Chaptered
5/22/14  
Passed
5/22/14  

Caption

Requires judges to sign and print their names on all judgments (EN NO IMPACT See Note)

Impact

The enactment of HB 46 will directly affect the legal procedures surrounding the signing and validity of judgments in Louisiana courts. By enforcing this requirement, the bill is designed to enhance the clarity and accountability within judicial processes. Furthermore, it aims to streamline appeal processes by mandating that all relevant judgments carry the required signatures to proceed with appeals. This change could lead to improved court administration and efficiency, as parties in litigation will have a more definitive understanding of judgment representations.

Summary

House Bill 46, introduced by Representative Henry Burns, amends specific articles within the Louisiana Code of Civil Procedure regarding judgments. The bill stipulates that all final judgments must not only be signed by the judge but also include the judge's typewritten or printed name. This requirement is aimed at standardizing the legal documentation process within Louisiana courts, ensuring that judgments carry clear identification of the presiding judge. However, it does establish that a judgment lacking this specification shall not be rendered invalid for that reason, ensuring that cases are not dismissed solely due to clerical errors.

Sentiment

The general sentiment surrounding HB 46 appears to be favorable, particularly among those in the legal community who advocate for clear procedural guidelines. Supporters believe that enhanced signature protocols will contribute to greater transparency and accuracy in legal documentation. There does not seem to be significant public contention or opposition to the bill, suggesting a consensus on its necessity for procedural reform in the judicial system.

Contention

While the bill's provisions are primarily technical in nature, it does introduce the potential for contention if the stipulations are not uniformly applied in practice. Judges may have varying interpretations of what constitutes 'signature' and 'typewritten name,' potentially leading to disputes over compliance. Additionally, some may argue that the added procedural requirement might slow down court operations, although such concerns have not been widely expressed in current discussions surrounding the bill.

Companion Bills

No companion bills found.

Previously Filed As

LA SB606

Provides for the use of electronic signatures by judges and justices. (8/1/14) (EN SEE FISC NOTE GF EX See Note)

LA HB305

Provides relative to electronic signatures by judges

LA HB164

Provides relative to default judgments

LA HB648

Provides relative to final default judgments

LA SB373

Provides relative to motions for summary judgments. (8/1/14) (EG SEE FISC NOTE LF RV)

LA HB123

Provides relative to service of motions for summary judgment (EG NO IMPACT See Note)

LA HB624

Provides with respect to bail bonds and judgments of bond forfeiture

LA HB80

Provides relative to judgments of possession

LA HB196

Provides relative to summary judgment

LA SB42

Constitutional amendment to require reargument before a five judge panel prior to reversal or modification of judgments rendered by office of workers' compensation when one judge of the original 3-judge panel dissents. (2/3-CA13s1(A)) (EN NO IMPACT EX See Note)

Similar Bills

CA SB1200

Enforcement of judgments: renewal and interest.

CA AB774

Civil actions: enforcement of judgments.

KY HB801

AN ACT relating to Canadian money judgments.

AZ HB2297

Judgments; liens; homestead exemption

CA AB1119

Enforcement of judgments.

CA AB905

Money judgments of other jurisdictions.

CA SB642

Civil actions: renewal of judgments.

VA HB1234

Judgments; limitations on enforcement, extensions and renewals.