§ 46:439.2 — Qui tam action procedures

Louisiana § 46:439.2

• Jurisdiction: Louisiana
• Title 46: Public Welfare and Assistance

Text

§439.2. Qui tam action procedures
A. The following procedures shall be applicable to a qui tam action:
(1) The complaint shall be captioned: State of Louisiana Ex Rel.: [insert name of
qui tam plaintiff(s)] v. [insert name of defendant(s)]". The qui tam complaint shall be filed
with the appropriate state or federal district court.
(2) A copy of the qui tam complaint and written disclosure of substantially all
material evidence and information each qui tam plaintiff possesses shall be served upon the
state in accordance with the applicable rules of civil procedure.
(3) When a person brings an action in accordance with this Subpart, no person or
entity other than the state may intervene or bring a related action based on the facts
underlying the pending action.
(4)(a) The complaint and information filed with the court shall be made under seal,
shall remain under seal for at least ninety days from the date of filing, and shall be served on
the defendant when the seal is removed.
(b) For good cause shown, the state may move the court for extensions of time
during which the petition remains under seal. Any such motions may be supported by
affidavits or other submissions in camera and under seal.
B.(1) If the state elects to intervene in the action, the state shall not be bound by any
act of a qui tam plaintiff. The secretary or the attorney general shall control the qui tam
action proceedings on behalf of the state and the qui tam plaintiff may continue as a party to
the action, subject to the limitations set forth in this Section and R.S. 46:439.3. For
prescription purposes, any government complaint in intervention, whether filed separately
or as an amendment to the qui tam plaintiff's complaint, shall relate back to the filing date
of the complaint, to the extent that the claim of the government arises out of the conduct,
transactions, or occurrences set forth, or attempted to be set forth, in the qui tam plaintiff's
complaint.
(2) Upon a showing by the state during the course of the litigation by the qui tam
plaintiff that the action would interfere with or unduly delay the state's prosecution of the
case, or it would be repetitious, irrelevant, or for the purposes of harassment, the court may,
in its discretion, impose limitations on the qui tam plaintiff's participation, including but not
limited to all of the following:
(a) Limiting the number of witnesses the qui tam plaintiff may call.
(b) Limiting the length of a witness' testimony.
(c) Limiting the qui tam plaintiff's cross-examination of a witness.
(d) Otherwise limiting the participation of the qui tam plaintiff in the litigation.
(3) If requested by the state and notwithstanding the objection of the qui tam
plaintiff, the court may dismiss the qui tam action provided the qui tam plaintiff has been
notified by the state of the filing of the motion to dismiss and the court has provided the qui
tam plaintiff a contradictory hearing on the motion.
(4)(a) Whether or not the state proceeds with the action, upon a showing by the
state that certain actions of discovery by the qui tam plaintiff would interfere with the
investigation or proceedings of a criminal or civil matter arising out of the same facts, the
court may stay such discovery for a period of not more than sixty days. The court shall
conduct an in-camera showing in accordance with this Subparagraph. The court may extend
the sixty-day period upon a further showing, in-camera, that the state has pursued the
criminal or civil investigation or proceedings with reasonable diligence and any proposed
discovery in the qui tam action will interfere with the ongoing criminal or civil investigation
or proceedings.
(b) When a qui tam plaintiff proceeds with the action, the court, without limiting the
status and rights of the qui tam plaintiff, may nevertheless permit the secretary or the attorney
general to intervene at a later date upon a showing of good cause.
(5) The state may settle the qui tam action with the defendant notwithstanding the
objection of the qui tam plaintiff if the court determines, after a hearing, that the proposed
settlement is fair, adequate, and reasonable under the circumstances. The court may conduct
the hearing in camera upon a showing of good cause.
C. Repealed by Acts 2011, No. 185, §2.
D. A defendant shall have thirty days from the time a qui tam complaint is served
on him to file a responsive pleading.
E. If the state elects not to proceed with the action, the qui tam plaintiff shall have
the right to conduct the action. At the state's request, the qui tam plaintiff and the defendant
shall serve the state with all pleadings in the action and supply the state with copies of all
deposition transcripts at the state's expense.
F. Repealed by Acts 2025, No. 206, §2.

Legislative History

Acts 1997, No. 1373, §1; Acts 2007, No. 14, §1, eff. June 18, 2007; Acts 2009, No. 426, §1; Acts 2011, No. 185, §§1, 2; Acts 2025, No. 206, §§1, 2.