HR 96

ENROLLED
2026 Regular Session
HOUSE RESOLUTION NO. 96
BY REPRESENTATIVE LYONS
  A RESOLUTION
To authorize and direct the Louisiana State Law Institute to study current practices regarding
       the recall of civil bench warrants and the process of notifying judgment debtors and
       to report its findings to the House of Representative no later than January 4, 2027.
       WHEREAS, judgment debtors may have insufficient or defective service of process
resulting in a lack of actual notice regarding judgment debtor examination proceedings; and
       WHEREAS, Code of Civil Procedure Article 2456 provides that "if the motion and
order have been served personally on the judgment debtor, as provided by law or if service
is obtained pursuant to Article 1261, and the judgment debtor refuses to appear for the
examination or to produce his books, papers, or other documents when ordered to do so, or
if he refuses to answer any question held pertinent by the court, the judgment debtor may be
punished for contempt"; and
       WHEREAS, judges are authorized to issue civil bench warrants to compel a
judgment debtor to appear in court; and
       WHEREAS, there are no uniform procedures governing the issuance and recalls of
civil bench warrants for a failure to appear at judgment debtor examinations; and
       WHEREAS, the lack of clear distinction between civil and criminal bench warrants
has led to significant confusion and inconsistent enforcement across jurisdictions; and
       WHEREAS, ensuring the dignity of judgment debtors requires the implementation
of uniform enforcement standards and civil bench warrant procedures.
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HR NO. 96  ENROLLED
       THEREFORE, BE IT RESOLVED that the House of Representatives of the
Legislature of Louisiana does hereby authorize and direct the Louisiana State Law Institute
to study current practices regarding the recall of civil bench warrants and the process of
notifying judgment debtors and to report its findings to the House of Representatives no later
than January 4, 2027.
       BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
director of the Louisiana State Law Institute.
       BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall submit
one printed copy and one electronic copy of any report produced pursuant to this Resolution
to the David R. Poynter Legislative Research Library as required by R.S. 24:772.
  SPEAKER OF THE HOUSE OF REPRESENTATIVES
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