Changes to Louisiana Code of Civil Procedure: Summary Judgment

Some of you may already be aware of changes to Louisiana Code of Civil Procedure article 966 governing summary judgments. On its face, it appears that evidence is “deemed admitted” when it is submitted in support or in opposition to the summary judgment, and which is not addressed accordingly. The draft copy of the law states “objections to evidence in support of or in opposition to a motion for summary judgment must be raised in memorandum or written motion to strike stating the specific grounds therefor.” At this point, we can only guess as to what the practical and procedural implications will be.

The other notable change to article 966 is in subpart B(2), providing that in the event summary judgment is denied the court “should provide reasons for the denial on the record, either orally upon rendition or in writing sua sponte or upon request of a party within ten days of rendition.” Although the impact of this provision is also uncertain, it appears to aspire towards clarity. All of these changes became effective on August 1, 2013 and the Louisiana Legislature website already reflects these changes in the text. As always, your questions, comments, and observations in the comments are appreciated.

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  1. […] As mentioned in a previous post, changes to the code of civil procedure have affected not only the s…, but also how default judgments are procured. Louisiana Code of Civil Procedure now requires sufficient proof to establish a prima facie case to be admitted into the record, before a confirmation in granted. Although it sounds like a nuance, the previous language only required proof sufficient to establish a prima facie case, without requiring it to be put in the record. This was problematic on appeal, since the presumption exists that a prima facie case was made in the lower court upon granting a default. Logically, an appellant that was defaulted has an unfair burden if it must overcome prima facie proof that was not privy to the record. By legislating an amendment to the rules of procedure I think lawmakers took the correct course of action. […]

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