Appellate-procedure legislative update

House Bill 226, with a few Senate amendments, has passed both houses of the Legislature. If signed by the governor, it will become effective on January 1, 2006 and will make two important changes in Louisiana appellate procedure:

1. In class actions, it will make an order granting or denying class certification appealable as of right, thus codifying Davis v. Jazz Casino Co., LLC, 849 So.2d 497 (La. 2003).
2. It deletes the provision in La. C.C.P. Art. 2083 allowing appeal from an interlocutory judgment that will cause irreparable injury. Instead, interlocutory judgment will be appealable only when expressly provided by legislation.

In addition, the bill will allow a party 10 days from the mailing of notice of judgment to request written reasons for judgment, and will provide that the filing of a motion to revive a judgment interrupts prescription on the judgment.

The bill was originally blogged on Naked Ownership here.

Posted by RPW at June 16, 2005 05:10 PM