Louisiana 2022 Regular Session

Louisiana House Bill HB91

Introduced
2/17/22  
Introduced
2/17/22  
Refer
2/17/22  
Refer
3/14/22  
Refer
3/14/22  
Report Pass
3/15/22  
Report Pass
3/15/22  
Engrossed
4/20/22  
Refer
4/21/22  

Caption

Provides relative to testimony presented by audio-visual means

Impact

The implications of HB 91 are significant for the legal landscape in Louisiana. By allowing for audio-visual testimony, the bill aims to streamline court operations and potentially reduce delays in the judicial process caused by witness unavailability. It is expected to improve the efficacy of trials, making it easier to obtain necessary testimonies from witnesses who may be located outside the reach of traditional subpoena power. This flexibility could lead to more efficient resolution of cases, benefiting both plaintiffs and defendants within the court system.

Summary

House Bill 91, authored by Representative Muscarello, seeks to amend the Code of Civil Procedure to facilitate the presentation of witness testimony using audio-visual means in legal proceedings. This bill allows for live witness testimony to be conducted via teleconference, video link, or other visual remote technologies, provided that appropriate safeguards are demonstrated and that all parties consent to this method of testimony. The intent behind this legislation is to enhance the flexibility and accessibility of court procedures, particularly in instances where witnesses may be unable to appear in person due to various constraints.

Sentiment

The sentiment surrounding HB 91 appears largely positive among legislative supporters who view it as a modernization of court procedures. Advocates argue that embracing technology in legal processes is essential for adapting to contemporary needs and that the bill promotes efficiency and practicality in court practices. However, there may be some concern among skeptics regarding the adequacy of safeguards to ensure that audio-visual methods maintain the integrity and reliability of witness testimony, particularly in the context of potential issues related to credibility and procedural fairness.

Contention

Notable points of contention primarily revolve around the requirement for party consent and the enforcement thereof. While the bill prohibits unreasonable withholding of consent, questions arise related to how this will be regulated and adjudicated in practice. There are concerns that the reliance on consent could create complications in cases where parties disagree on the appropriateness of audio-visual testimony. Additionally, the need for robust procedural safeguards has been emphasized to ensure that such testimony remains credible and legally sound, which may lead to further discussions on best practices.

Companion Bills

No companion bills found.

Previously Filed As

LA HB124

Provides relative to certain judicial proceedings conducted by audio-visual means

LA HB775

Provides relative to a defendant's appearance at certain proceedings by audio-visual transmission

LA HB38

Provides relative to the recordation of testimony during depositions

LA HB484

Provides relative to pre-trial discovery matters

LA HB2461

Relating to remote location testimony.

LA HB226

Provides relative to testimony by experts

LA HB6

Provides relative to pretrial and scheduling conferences

LA SB214

Provides for deposition or trial testimony of out-of-state insurance claims adjusters who are licensed or registered in the state. (8/1/22)

LA HB83

Authorizes an incarcerated defendant to appear at certain proceedings by way of simultaneous audio-visual transmission (EN DECREASE GF EX See Note)

LA SB369

In depositions and witnesses, providing for informant testimony.

Similar Bills

No similar bills found.