RDCSB11 3645 453
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
SB 11 Reengrossed 2020 First Extraordinary Session Fesi
Present law provides for nullity of actions on the basis of fraud or ill practices.
Proposed law retains present law and further provides for nullity of a final judgment or
compromise settlement obtained by fraud in an action for a delictual or quasi-delictual
offense.
Proposed law provides that an action to annul a judgment or compromise settlement on the
grounds of fraud shall be brought within one year of the discovery of the fraudulent act by
any party to the original final judgment or compromised settlement.
Proposed law provides that a nullity action pursuant to proposed law may be brought by a
liability insurer who would have been an interested party in the original action, whether or
not named as a party in that action.
Proposed law provides that the court may award reasonable attorney fees incurred by the
prevailing party in the nullity action and, if the judgment or settlement is nullified, judicial
interest on repayment of the original amount of the award or settlement.
Effective 60 days upon adjournment of the 2020 First Extraordinary Session.
(Adds C.C.P. Art. 2004.1)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Provide that any party to the original final judgment or compromised
settlement may bring a nullity action pursuant to proposed law.
Senate Floor Amendments to engrossed bill
1. Revised language relative to bringing of such action by a liability insurer.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the reengrossed bill:
1. Change "must" to "shall".
2. Clarify that the prescriptive period to bring the action to annul the judgment
begins when the fraudulent action is discovered.
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