Louisiana Code of Evidence 2022 and 2021 Amendments

Louisiana Code of Evidence 2022 Cover

Louisiana Code of Evidence 2022 Cover

Louisiana Code of Evidence 2022

In 2021 the Louisiana Legislature did not make any amendments to the Louisiana Code of Evidence. However, by way of the 2020 First Extraordinary Session, a change to Code of Evidence 411 became effective on January 1, 2021. The amended Article is copied below. The actual Act of the Legislature is available here.

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Art. 411. Liability insurance

A. Although a policy of insurance may be admissible, the amount of coverage under the policy shall not be communicated to the jury unless the amount of coverage is a disputed issue which the jury will decide.

B. The existence of insurance coverage shall not be communicated to the jury unless any of the following apply:

(1) A factual dispute related to an issue of coverage is an issue which the jury will decide.

(2) The existence of insurance coverage would be admissible to attack the credibility of a witness pursuant to Article 607.

(3) The cause of action is brought against the insurer pursuant to R.S. 22:1973 or against the insurer alone pursuant to R.S. 22:1269(B)(1)(a) through (f).

C. The identity of the insurer shall not be communicated to the jury unless the identity of the insurer would be admissible to attack the credibility of a witness pursuant to Article 607.

D. In all cases brought against an insurer pursuant to R.S. 22:1269 or 1973, at the opening and closing of the trial, the court shall read instructions to the jury that there is insurance coverage for the damages claimed by the plaintiff.
Acts 1988, No. 515, §1, eff. Jan. 1, 1989; Acts 2020, 1st Ex. Sess., No. 37, §3, eff. Jan. 1, 2021.