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HB 1006

CIVIL/PROCEDURE: Extends the time delay for filing of oppositions to motions for summary judgment

2026 Regular Session Introduced by Wilford Carter

The bill gives courts authority to extend filing deadlines for oppositions to summary judgment without requiring unanimous party agreement, increasing judicial discretion.

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Bill Summary · HB 1006

Legislative Bill Summary: HB 1006 (2026, Louisiana)

Title

CIVIL/PROCEDURE: Extends the time delay for filing of oppositions to motions for summary judgment

Purpose and Intent

HB 1006 proposes to modify the timeline for filing oppositions to motions for summary judgment in Louisiana civil procedure. The intent is to adjust the deadline by which parties must submit their opposition and accompanying documents prior to a hearing on a summary judgment motion.

Key Provisions

  • Amendments to: Code of Civil Procedure Article 966(B)(2)
  • Current rule (present law): An opposition to a motion for summary judgment and all supporting documents must be filed and served not less than 15 days before the hearing.
  • Initial proposed change (as introduced): Extend the filing/deadline window from 15 days to 10 days prior to the hearing.
  • House Floor Amendments (as adopted in the engrossed version):
    • The amendments remove the 10-day deadline proposal and instead would authorize the court to grant extensions for filings regarding motions for summary judgment without requiring agreement by all parties.
    • The language emphasizes the court’s authority to determine extensions without the necessity of unanimous consent among all involved parties.
    • Technical adjustments were made to the introductory and related provisions of Article 966(B)(intro. para.) and (C)(1)(intro. para.).

Affected Parties and Entities

  • Civil litigants in Louisiana who file or respond to motions for summary judgment.
  • Trial courts (as the locus of determining extensions).
  • Attorneys and their clients (both plaintiffs and defendants) involved in summary judgment proceedings.

Procedural Timeline and Process

  • Present law baseline: Oppositions and supporting documents must be filed/not less than 15 days before the hearing, unless extended by the court with all-party agreement.
  • Enacted framework (per amendments): The bill’s later amendments would empower the court to grant extensions without requiring unanimous agreement from all parties, thereby offering greater judicial flexibility in scheduling and filings related to summary judgment motions.
  • Important dates and status (from bill history):
    • Revisions and engrossment occurred during the 2026 regular session.
    • The bill progressed through standard committee and floor actions, including amendments to remove an outright 10-day deadline proposal and to grant the court authority to determine extensions unilaterally, subject to applicable procedures.
    • The sponsor is Rep. Wilford Carter.

Practical Impact

  • The bill, as amended, could reduce the need for all-party consent to extend filing deadlines for summary judgment oppositions, allowing courts to grant extensions more readily.
  • If the final form were to retain only the court-based extension authority (without a fixed new days-based deadline), practitioners would rely more on judicial discretion and court-issued extensions rather than a set timeline.
  • Attorneys should monitor court orders or local rules for any specific extension processes or conditions that accompany such extensions.

Summary

HB 1006 aims to modify how opposition filings to summary judgment are timed. While the original concept proposed shortening the opposition window from 15 to 10 days, House amendments shifted the approach to grant courts independent authority to extend filing deadlines without requiring agreement by all parties. The bill affects Article 966(B)(2) and enhances judicial discretion in managing deadlines for summary judgment proceedings.

Compiled from official sources — confirm details with the bill’s official record.

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