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SB 336

CIVIL PROCEDURE: Provides relative to civil investigative demands. (8/1/26) (EN SEE FISC NOTE LF EX)

2026 Regular Session Introduced by Jay Luneau

SB 336 lets Louisiana AG issue civil investigative demands (CIDs) and subpoenas to compel material, with safeguards on confidentiality and a post-service petition window.

Effective date 8/1/2026.
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Bill Summary · SB 336

Summary of SB 336 (Louisiana, 2026) – Civil Procedure: Civil Investigative Demands

Purpose and Intent

SB 336 expands and clarifies the use of civil investigative demands (CIDs) under the existing Medical Assistance Programs Integrity Law (R.S. 46:437.1). The bill authorizes the Louisiana Attorney General (AG) to issue CIDs to compel individuals or entities to disclose documentary material, provide written interrogatories, or produce evidence before any civil proceeding, in investigations alleging violations of law. The amendments are technical corrections to Subpart designations and make standard procedural enhancements.

Effective Date: August 1, 2026

Adds new provisions to Chapter 46 (R.S. 46:438.9 and 46:438.10).

Key Provisions and Changes

  • Issuance of Civil Investigative Demands (CIDs):

    • The AG may issue CIDs when there is reason to believe an individual or entity possesses relevant documentary material, information, or physical evidence related to a possible violation.
    • CIDs may require answers under oath (interrogatories) or production of documentary material before a civil action begins.
    • Each CID must include a general description of the subject matter and specify a return date not earlier than 20 days after service.

  • Nature of Demands:

    • Written interrogatories must be answered with specificity.
    • Production demands must describe the material with definiteness to enable fair identification.
    • CIDs cannot compel material that would be unreasonable in a grand jury/subpoena context or that is privileged.

  • Certification and Verification:

    • Production of documentary material must be accompanied by a sworn certificate confirming that the required materials have been produced and made available to the AG.
    • If the demand targets a natural person, the individual must provide the certification; for non-natural persons, a knowledgeable representative may certify.

  • Service and Compliance:

    • CIDs may be served by the sheriff or a post-certified AG investigator for in-state entities; nonresident or foreign entities follow existing CPL service rules.
    • Failure to comply allows the AG to seek a court order to compel compliance, with contempt as a possible sanction.

  • Confidentiality and Disclosure:

    • Documentary materials, interrogatory answers, and related information obtained under the CID are generally exempt from disclosure, discovery, subpoenas, or other forms of legal compulsion, unless the AG determines otherwise or imposes enforceable state-law conditions.
    • The AG may share materials with other state or federal agencies or entities assisting in investigations or prosecutions.
    • The AG may use materials to enforce state laws, including initiating civil proceedings.

  • Destruction or Return of Materials:

    • Upon written request, materials not yet part of a record may be destroyed or returned after the investigation concludes or if no case is instituted within a reasonable time.

  • Definition and Petition Process:

    • Introduces or clarifies the term “documentary material.”
    • Recipients of a CID may petition to modify or set aside the demand in ordinary proceedings in the appropriate judicial district (or the 19th Judicial District Court if necessary).
    • Petitions must be filed within 20 days of service or before the return date, whichever is earlier, and must specify grounds for relief.
    • Courts may stay the deadline for compliance during the petition process, in whole or in part, with certain ongoing obligations.

  • Investigative Subpoenas (Depositions):

    • The AG may issue investigative subpoenas for deposition testimony to individuals who may have information relevant to the investigation.
    • Depositions must describe the matter and inform the deponent of the right to counsel; proceedings occur at a convenient location, typically the deponent’s principal place of business or residence.
    • Depositions must be scheduled with a minimum 7-day notice unless exceptional circumstances apply.
    • Service methods and designation of corporate testifying personnel align with CID rules; failure to comply may be met with court-ordered subpoenas and contempt.

Who Is Affected

  • Individuals and entities under investigation by the Louisiana AG related to alleged violations of the Medical Assistance Programs Integrity Law.
  • In-state residents and domestic business entities are subject to sheriff or AG investigator service; nonresidents/foreign entities follow existing CPL procedures.
  • Corporate entities must designate responsible officers/directors or managing agents for deposition testimony.

Procedural and Timeline Aspects

  • Return date for CIDs: no earlier than 20 days after service.
  • Petition window to modify/set aside CID: within 20 days of service or before return date.
  • Depositions: minimum 7 days’ notice, unless exceptional circumstances.
  • Court enforcement: failure to comply with CID or subpoena can result in contempt.
  • Confidentiality: broad protections from disclosure, with limited exceptions upon AG’s determination.

Overall, SB 336 broadens the AG’s ability to gather evidence pre-prosecution while establishing strict confidentiality, oversight, and process safeguards.

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

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