07SessionSummaryPract

2007 Regular Session of the Louisiana Legislature
LAJ summary of selected bills and effective dates

Practice and procedure
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Law Institute. Amends Civil Code articles on compromise. Provides: definitions, formal requirements, effects, object, scope, interpretation, renunciation of rights, after-acquired rights, tender and acceptance of a lesser sum, preclusive effect, effect on a novation, rescission, prescription of rights. (Amends C.C. Art. 3071-3083)
HB 73 Ansardi; Act 138; Effective 8/15/07

Protection for attorney privilege and work product in civil and criminal cases extends to prosecutors and lawyers representing the state or any political subdivision or employed by the Louisiana Legislature. (Adds C.E. Arts. 507(E) and 508(E))
HB 150   Ansardi; Act 23; Effective 8/15/07

Law Institute. Various changes to the Code of Civil Procedure relating to discovery, including discovery of electronically stored evidence, protection of mental impressions of attorneys that may be reflected in an expert’s draft report, live testimony of witnesses by video, and procedures for utilizing a commercial carrier for service of process. (Amends C.C.P. Arts. 1424, 1425, 1460, 1461, and 1462 and R.S. 13:3205; adds C.C.P. Art. 1633.1)
HB 203 Ansardi; Act 140; Effective 8/15/07

Venue. A judgment debtor may be examined in the parish where the judgment was rendered or where the debt was incurred, in addition to the parish of the judgment debtor’s domicile. An action for collection of an open account may be brought in the parish where the open account was created or where the services were performed, or in the parish of the debtor’s domicile. (Amends C.C.P. Art. 2452(B); adds C.C.P. Art. 74.4)
HB 308 Baldone; Act 433; Effective 8/15/07

Requires city court judges to sign an order of appeal within three days and requires district court judges to sign an order of appeal within seven days. (Amends R.S. 13:4207)
HB 322 Lambert; Act 82; Effective 8/15/07

Person appointed to represent the claimant before the Social Security Administration or an agent with written authorization pursuant to 45 CFR 164.508 may obtain the claimant’s health care records at the claimant’s reduced cost for copies. Establishes penalties when health records are not timely furnished. (Amends R.S. 46:18)
HB 452 Baldone; Act 476; Effective 8/15/07

Provides for the execution and filing of an affidavit of cancellation of a mortgage and vendor’s privilege when the paraphed promissory note securing the mortgage or privilege is lost or destroyed. (Amends R.S. 9:5167 and R.S. 44:106(A), 109(A), and 110; adds R.S. 44:109.1)
HB 739 Gallot; Act 337; Effective 8/15/07

Abandonment. Allows additional time under the abandonment peremption statute to those who can show that the failure to pursue the claim was a result of hurricanes Katrina or Rita. Abandonment for those claims is five years, rather than three. Applies to claims filed prior to August 26, 2005, and is in effect only until August 26, 2010. (Amends C.C.P. Art. 561(A))
HB 966 Heaton; Act 361; Effective 7/9/07

Final judgments for the payment of money must include the last four digits of the Social Security number of the judgment debtors, if known by the attorney preparing the judgment. Recorded liens having the effect of a money judgment must also include the last four digits of the Social Security number or the IRS taxpayer identification number of the debtor, if known by the attorney preparing the lien. Failure to include such information does not affect the validity of the judgment or lien. (Amends C.C. P. Art. 1922)
SB 210 Mount; Act 11; Effective 6/18/07