January 30, Representative Taylor Barras Speaker of the House of Representatives P.O. Box Baton Rouge, Louisiana 70804
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1 LOUISIANA STATE LAW INSTITUTE PAUL M. [-IEBERT LAW CENTER, ROOM Wi 27 UNIVERSITY STATION BATON ROUGE, LA OFFICE OF THE DIRECTOR (225) FAx: (225) i1 January 30, 2019 Representative Taylor Barras Speaker of the House of Representatives P.O. Box Senator John A. Alario, Jr. President of the Senate P.O. Box RE: HOUSE CONCURRRENT RESOLUTION NO.88 OF THE 2018 REGULAR SESSION Dear Mr. Speaker and Mr. President: The Louisiana State Law Institute respectfully submits its interim report to the legislature relative to allowing courts to raise the exception of prescription sua sponte. Sincerely, Guy Holdridge Director cc: Representative Edward C. Ted James cc: David R. Poynter Legislative Research Library drplibrary(ä2legis.la.gov Secretary of State, Mr. R. Kyle Ardoin admin(sos.louisiana.gov
2 LOUISIANA STATE LAW INSTITUTE CODE OF CIVIL PROCEDURE COMMITTEE INTERIM REPORT IN RESPONSE TO HCR NO. 88 OF THE 2018 REGULAR SESSION Relative to allowing courts to raise the exception of prescription sua sponte Prepared for the Louisiana Legislature on January 30, 2019, Louisiana
3 LOUISIANA STATE LAW INSTITUTE CODE OF CIVIL PROCEDURE COMMITTEE Neil C. Abramson Glenn B. Ansardi Richard J. Dodson Piper D. Griffin Allain F. Hardin Thomas M. Hayes, III Gretna Monroe S. Maurice Hicks, Jr. Shreveport Guy Holdridge Harry T. Lemmon Gayla M. Moncla William A. Morvant Joe B. Norman Harry J. Skip Philips, Jr. Christopher H. Riviere Michael H. Rubin Lloyd N. Sonny Shields Walter L. Smith Monica T. Surprenant Mark Tatum Kacy Collins Thomas Gonzales Thibodaux Shreveport W. Luther Wilson * * * * * * * * * * * * William R. Forrester, Jr., Reporter Mallory C. Waller, Staff Attorney
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6 January 30, 2019 Representative Taylor F. Barras Speaker of the House of Representatives P.O. Box Senator John A. Alario, Jr. President of the Senate P.O. Box INTERIM REPORT TO THE LEGISLATURE IN RESPONSE TO HCR NO. 88 OF THE 2018 REGULAR SESSION House Concurrent Resolution No. 88 of the 2018 Regular Session urges and requests the Louisiana State Law Institute to study the effects of enacting a law that would amend Code of Civil Procedure Article 927 and Civil Code Article 3452 to allow courts to raise prescription sua sponte in lawsuits. In fulfillment of this request, the Law Institute assigned this project to its Code of Civil Procedure Committee. After conducting research and compiling information with respect to this issue, the Committee met to discuss the resolution and formulate its proposed recommendations. The Committee drafted revisions to both Code of Civil Procedure Article 927 and Civil Code Article 3452 to address the issue but determined that these proposals should be reviewed by the Law Institute s Prescription Committee prior to being presented to the Council. The Prescription Committee reviewed the Code of Civil Procedure Committee s recommendations and concluded that the proposed amendments should more specifically address the concerns expressed by the resolution namely, the rendition of default judgments on prescribed debts against unrepresented consumers. As a result, the Prescription Committee proposed that as an alternative, perhaps Code of Civil Procedure Article 1702 should be amended. This proposal is scheduled to be presented at an upcoming meeting of the Law Institute s Council, and a final report will be submitted to the Legislature once the Council has approved the recommendations. Respectfully submitted, William R. Forrester, Jr., Reporter Code of Civil Procedure Committee Louisiana State Law Institute
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