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ACT No. 1272026 Regular Session
HOUSE BILL NO. 142
BY REPRESENTATIVE MUSCARELLO
(On Recommendation of the Louisiana State Law Institute)
1 AN ACT
2 To amend and reenact Code of Civil Procedure Articles 561, 1426(A)(introductory
3 paragraph), (B), and (C), 1572, 1702(C), 1841, 1914(E), 2083(B), 2126, 2128,
4 2166(F), 2167(D), and 4922 and R.S. 13:319 and 5206, to enact Code of Civil
5 Procedure Article 2083(D), and to repeal Code of Civil Procedure Article
6 1425(F)(5), relative to civil procedure; to provide for continuous revisions to the
7 Code of Civil Procedure and related provisions of the Revised Statutes; to provide
8 with respect to abandonment; to provide for motions to quash; to provide for notice
9 of trial; to provide with respect to default judgments; to provide with respect to
10 interlocutory, final, and partial final judgments; to provide with respect to payment
11 of costs and designation of the record on appeal; to provide with respect to
12 transmission of notice; to provide for the assignment and allotment of writs and
13 appeals; to provide with respect to the jurisdiction of small claims; to provide for
14 Comments; and to provide for related matters.
15 Be it enacted by the Legislature of Louisiana:
16 Section 1. Code of Civil Procedure Articles 561, 1426(A)(introductory paragraph),
17 (B), and (C), 1572, 1702(C), 1841, 1914(E), 2083(B), 2126, 2128, 2166(F), 2167(D), and
18 4922 are hereby amended and reenacted and Code of Civil Procedure Article 2083(D) is
19 hereby enacted to read as follows:
20 Art. 561. Abandonment in trial and appellate court
21 A.(1) An action is abandoned when the parties fail to take any step in its
22 prosecution or defense in the trial court for a period of three years, unless it is a
23 succession proceeding:
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1 (a) Which has been opened;
2 (b) In which an administrator or executor has been appointed; or
3 (c) In which a testament has been probated.
4 (2) This provision Article shall be operative without formal order, but, on ex
5 parte motion of any party or other interested person by affidavit that states that no
6 step has been timely taken in the prosecution or defense of the action, the trial court
7 shall enter a formal order of dismissal as of the date of its abandonment. The sheriff
8 shall serve the order in the manner provided in Article 1314 and shall execute a
9 return pursuant to Article 1292. A step in the prosecution or defense in the trial court
10 shall interrupt the abandonment period. After the three-year abandonment period has
11 expired, the defendant may renounce the defense of abandonment.
12 (3) A motion to set aside a dismissal may be made only within thirty days
13 of the date of the sheriff's service of the order of dismissal. If the trial court denies
14 a timely motion to set aside the dismissal, the clerk of court shall give notice of the
15 order of denial pursuant to Article 1913(A) and shall file a certificate pursuant to
16 Article 1913(D). Any formal discovery authorized by this Code, whether or not filed
17 of record, including the taking of a deposition with or without formal notice,
18 constitutes a step in the prosecution or defense of an action against all parties on
19 whom the discovery was served or who were in attendance or represented at the
20 deposition.
21 (4) An appeal of an order of dismissal may be taken only within sixty days
22 of the date of the sheriff's service of the order of dismissal. An appeal of an order of
23 denial may be taken only within sixty days of the date of the clerk's mailing of the
24 order of denial.
25 B.(1) Any formal discovery as authorized by this Code and served on all
26 parties whether or not filed of record, including the taking of a deposition with or
27 without formal notice, shall be deemed to be a step in the prosecution or defense of
28 an action. Any party or other interested person may file an ex parte motion to dismiss
29 based on abandonment and shall attach to the motion to dismiss an affidavit of the
30 mover or the mover's attorney of record certifying all of the following:
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1 (a) The three-year abandonment period has expired.
2 (b) No timely step in the prosecution or defense of the action has been taken
3 pursuant to Subparagraph (A)(2) or (3) of this Article.
4 (c) No renunciation has occurred pursuant to Subparagraph (A)(2) of this
5 Article.
6 (2) The affidavit shall also include a list of all pleadings, documents, or
7 judgments that have been filed in the record during the three years preceding the date
8 on which the mover claims that the abandonment period expired. The mover shall
9 also list and attach all written communication pertaining to the action between the
10 mover and any adverse party or their attorneys of record in the one year preceding
11 the date on which the mover claims that the abandonment period expired.
12 C. The court shall enter an ex parte judgment of dismissal without prejudice
13 as of the date of the abandonment of the action if the record confirms and the
14 mover's accompanying affidavit attests to all of the following:
15 (1) The three-year abandonment period has expired.
16 (2) No timely step in the prosecution or defense of an action has been taken
17 pursuant to Subparagraph (A)(2) or (3) of this Article.
18 (3) The defendant has not renounced the defense of abandonment pursuant
19 to Subparagraph (A)(2) of this Article.
20 (4) No pleadings, documents, or judgments have been filed in the record
21 during the three years immediately preceding the expiration of the abandonment
22 period.
23 (5) There has been no written communication pertaining to the action
24 between the mover and any adverse party or their attorneys of record during the last
25 year of the abandonment period.
26 D. If the mover's affidavit certifies that any pleadings, documents, or
27 judgments have been filed in the record during the three years preceding the
28 expiration of the abandonment period or that there has been written communication
29 pertaining to the action between the mover and any adverse party or their attorneys
30 of record during the one year preceding the expiration of the abandonment period,
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1 the court shall either sign the judgment of dismissal ex parte or set the motion to
2 dismiss for a contradictory hearing.
3 E. The sheriff shall serve the ex parte judgment of dismissal in accordance
4 with Article 1314 and shall execute a return pursuant to Article 1292.
5 F. If an ex parte judgment of dismissal is granted, a motion to set aside the
6 dismissal may be filed within thirty days after the date of the sheriff's service of the
7 judgment of dismissal. At the hearing to set aside the dismissal, the burden of proof
8 rests with the mover of the original motion to dismiss based on abandonment. If the
9 trial court denies a timely motion to set aside the dismissal, the clerk of court shall
10 send notice of the order of denial pursuant to Article 1913(A) and shall file a
11 certificate pursuant to Article 1913(D).
12 G.(1) An appeal of a judgment of dismissal rendered ex parte may be taken
13 within sixty days after the date of the sheriff's service of the judgment of dismissal
14 pursuant to Paragraph E of this Article.
15 (2) An appeal of a judgment of dismissal rendered after a contradictory
16 hearing may be taken within sixty days after the clerk's transmission of that
17 judgment.
18 (3) An appeal of a denial of the motion to set aside a dismissal filed pursuant
19 to Paragraph F of this Article may be taken within sixty days after the clerk's
20 transmission of the order of denial.
21 C. H. An appeal is abandoned when the parties fail to take any step in its
22 prosecution or disposition for the period provided in the rules of the appellate court.
23 I. The granting of a motion to set aside a judgment of dismissal based on
24 abandonment and the reversal of a judgment of dismissal on appeal shall each
25 constitute a step in the prosecution or defense of an action.
26 J. For the purposes of this Article, "transmission" means the sending of
27 notice via the United States Postal Service, a commercial courier, or electronic mail.
28 K. This Article does not apply to succession proceedings.
29 L. If an action brought under this Section to enforce a conventional
30 obligation is dismissed pursuant to this Section, such dismissal, notwithstanding any
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1 other law to the contrary, shall operate to interrupt any applicable liberative
2 prescriptive period as though the dismissal of the action had not occurred.
3 Comments – 2026
4 (a) The amendments to Subparagraph (A)(2) of this Article retain the rule
5 that abandonment is operative without formal order. The amendments also adopt
6 current jurisprudential rules providing that a step in the prosecution or defense of an
7 action interrupts the three-year abandonment period and that, after the three-year
8 abandonment period has expired, the defendant may renounce the defense of
9 abandonment. See Foundation Elevation & Repair, LLC v. Miller, 408 So. 3d 893
10 (La. 2025).
11 (b) Subparagraph (B)(1) of this Article is new and requires that a more
12 detailed affidavit be included with the ex parte motion to dismiss based on
13 abandonment.
14 (c) Paragraph C of this Article now requires the court to sign an ex parte
15 judgment of dismissal without prejudice if the mover's affidavit attests to all of the
16 following: the abandonment period has expired; no timely step in the prosecution or
17 defense of the action has occurred; the defendant has not renounced the defense of
18 abandonment; no pleadings, documents, or judgments have been filed in the record
19 during the three years immediately preceding the expiration of the abandonment
20 period; and there has been no written communication pertaining to the action
21 between the mover and any adverse party or their attorneys of record during the year
22 preceding the expiration of the abandonment period.
23 (d) Paragraph D of this Article is new and requires the court to either sign
24 a judgment of dismissal ex parte or set the motion to dismiss for a contradictory
25 hearing if the mover's affidavit indicates that pleadings, documents, or judgments
26 have been filed in the record during the three-year abandonment period or that there
27 has been written communication pertaining to the action between the mover and any
28 adverse party or their attorneys of record during the year immediately preceding the
29 expiration of the abandonment period.
30 (e) Paragraph F of this Article establishes a new rule that the burden of proof
31 at a hearing on a motion to set aside a dismissal rests upon the mover of the initial
32 motion to dismiss based on abandonment.
33 * * *
34 Art. 1426. Protective orders; motions to quash
35 A. Upon motion by a party or by the person from whom discovery is sought
36 or to whom a subpoena is issued, and for good cause shown, the court in which the
37 action is pending or alternatively, on matters relating to a deposition or subpoena, the
38 court in the district where the deposition is to be taken or by which the subpoena is
39 issued may make any order which that justice requires to protect a party or person
40 from annoyance, embarrassment, oppression, or undue burden or expense, including
41 one or more of the following:
42 * * *
43 B. If the motion for a protective order or a motion to quash is denied in
44 whole or in part, the court may, on such terms and conditions as are just, order that
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1 any party or person provide or permit discovery. The provisions of Article 1469
2 apply to the award of expenses incurred in relation to the motion.
3 C. No provision of this Article authorizes a court to issue a protective order
4 or grant a motion to quash preventing or limiting discovery or ordering records
5 sealed if the information or material sought to be protected relates to a public hazard
6 or relates to information which that may be useful to members of the public in
7 protecting themselves from injury that might result from such the public hazard,
8 unless such the information or material sought to be protected is a trade secret or
9 other confidential research, development, or commercial information.
10 * * *
11 Art. 1572. Written request for notice Notice of trial
12 The clerk shall give written notice of the date of the trial whenever a written
13 request therefor is filed in the record or is made by registered mail by a party or to
14 all counsel of record, or if there is no counsel of record, to a self-represented party.
15 This notice shall be sent in accordance with Article 1313(A)(4) or mailed by the
16 clerk, by certified mail, properly stamped and addressed, at least ten days before the
17 date fixed for the trial. The provisions of this article Article may be waived in
18 writing or on the record by all counsel of record at a pre-trial conference a party or
19 the party's attorney.
20 Comments - 2026
21 The amendment to this Article removes the requirement that a party must
22 submit a written request to receive notice of trial. The clerk of court must now
23 provide notice of trial to all counsel of record, or if there is no counsel of record, to
24 a self-represented party. The notice must be sent either by electronic means in
25 accordance with the requirements of Article 1313(A)(4) or by certified mail. The
26 amendment also provides that any waiver of notice of trial must be in writing or on
27 the record.
28 * * *
29 Art. 1702. Default judgment
30 * * *
31 C. In those proceedings in which the sum due is on an open account or a
32 promissory note, other negotiable instrument, or other conventional obligation, or a
33 deficiency judgment derived therefrom, including those proceedings in which one
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1 or more mortgages, pledges, or other security for the open account, promissory note,
2 negotiable instrument, conventional obligation, or deficiency judgment derived
3 therefrom is sought to be enforced, maintained, or recognized, or in which the
4 amount sought is that authorized by R.S. 9:2782 for a check dishonored for
5 nonsufficient funds, a hearing in open court shall not be required unless the judge
6 court, in his its discretion, directs that such a the hearing be held. The plaintiff shall
7 submit to the clerk of court the proof required by law and the original and not less
8 than one copy of the proposed default judgment. The judge court shall, within
9 seventy-two hours of after receipt of such the submission from the clerk of court,
10 sign the proposed default judgment or direct that a hearing be held. The Before the
11 default judgment is signed, the clerk of court shall certify that no answer or other
12 pleading has been filed by the defendant. The minute clerk shall make an entry
13 showing the dates of receipt of proof, review of the record, and rendition of the
14 default judgment. A certified copy of the signed default judgment shall be sent to the
15 plaintiff by the clerk of court, and notice of the signing of the default judgment shall
16 be given as provided in accordance with Article 1913.
17 * * *
18 Art. 1841. Judgments,; interlocutory and final
19 A. A judgment is the determination of the rights of the parties in an action
20 and may award any relief to which the parties are entitled. It may be interlocutory
21 or final.
22 B.(1) A judgment that does not determine the merits but only preliminary
23 matters in the course of the action is an interlocutory judgment determines the merits
24 in whole is a final judgment.
25 (2) A judgment that determines the merits in whole or in part is may be a
26 partial final judgment in accordance with Article 1915(A) or an interlocutory
27 judgment in accordance with Article 1915(C).
28 C. A judgment that does not determine the merits but determines only
29 preliminary matters in the course of the action is an interlocutory judgment.
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1 Comments - 2026
2 This amendment seeks to clarify the law. Article 1915(A) provides for
3 partial final judgments that are appealable. Article 1915(C) provides for partial
4 judgments that are interlocutory judgments. Article 2083 provides that a partial final
5 judgment and an interlocutory judgment are appealable only when expressly
6 provided by law.
7 * * *
8 Art. 1914. Interlocutory judgments; notice; delay for further action
9 * * *
10 E. The provisions of this Article do not apply to an interlocutory injunctive
11 order or judgment the certification or denial of a certification of a class action in
12 accordance with Article 592(A)(3)(c) or appealable orders or judgments granting or
13 denying a preliminary injunction in accordance with Article 3612.
14 Comments - 2026
15 This amendment clarifies the law. Articles 592(A)(3)(c) and 3612 provide
16 for interlocutory orders and judgments from which an appeal may be taken as a
17 matter of right. Thus, the notice requirements set forth in this Article are not
18 applicable. Rather, the required notice should satisfy the provisions of Article 1913.
19 This is consistent with Article 2083 providing that an interlocutory judgment is
20 appealable only when expressly provided by law.
21 * * *
22 Art. 2083. Judgments appealable
23 * * *
24 B. In reviewing a judgment reformed in accordance with a remittitur or
25 additur, the court shall consider the reasonableness of the underlying jury verdict.
26 A partial final judgment rendered in accordance with Article 1915(A) is appealable
27 in all causes in which appeals are given by law. Other partial final judgments are
28 appealable only when expressly provided by law.
29 * * *
30 D. In reviewing a judgment reformed in accordance with a remittitur or
31 additur, the court shall consider the reasonableness of the underlying jury verdict.
32 Comments - 2026
33 The amendment to Paragraph B of this Article clarifies the law and is
34 consistent with the amendments to Article 1841. See also Articles 592(A)(3)(c) and
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1 3612 for examples of instances in which an appeal may be taken as a matter of right
2 from an interlocutory order or judgment.
3 * * *
4 Art. 2126. Payment of costs
5 A. The clerk of the trial court, immediately after After the order of appeal
6 has been granted, the clerk of the trial court shall estimate the cost of the preparation
7 of the record on appeal, including the fee of the court reporter for preparing the
8 transcript and the filing fee required by the appellate court. The clerk shall send
9 transmit notices of the estimated costs by certified mail to the appellant and by first
10 class mail to the appellee.
11 B. Within twenty days of the mailing of notice If the parties have not
12 designated the record on appeal pursuant to Article 2128, the appellant shall, within
13 twenty days after transmission of the notice of the estimated costs, pay the amount
14 of the estimated costs to the clerk. The trial court may grant one extension of the
15 period for paying the amount of the estimated costs for not more than an additional
16 twenty days upon written motion showing good cause for the extension.
17 C. If the parties have designated the record on appeal pursuant to Article
18 2128, the clerk shall transmit a revised notice of the estimated costs to the appellant
19 and appellee. The appellant shall, within twenty days after transmission of the
20 revised notice of estimated costs, pay the amount of the estimated costs to the clerk.
21 The trial court may grant one extension of the period for paying the amount of the
22 revised estimated costs for not more than an additional twenty days upon written
23 motion showing good cause for the extension.
24 D. The appellant may question the excessiveness of the estimated costs by
25 filing a written application motion for reduction in the trial court within the first
26 twenty-day time limit, and the if the record has not been designated pursuant to
27 Article 2128, or within twenty days after transmission of the revised notice of
28 estimated costs if the record has been designated pursuant to Article 2128. The trial
29 court may order reduction of the estimate upon proper showing. If an application the
30 motion for reduction has been timely filed, the appellant shall have twenty days to
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1 pay the costs beginning from the date of the action by the trial court on application
2 the motion for reduction.
3 D. E. After the preparation of the record on appeal has been completed, the
4 clerk of the trial court shall, as the situation may require, either refund to the
5 appellant the difference between the estimated costs and the actual costs, if the
6 estimated costs exceed the actual costs, or send a transmit notice by certified mail to
7 the appellant of the amount of additional costs due, if the actual costs exceed the
8 estimated costs. If the payment of additional costs is required, the appellant shall pay
9 the amount of additional costs within twenty days of the mailing after transmission
10 of the notice.
11 E. F. If the appellant fails to pay the estimated costs, or the difference
12 between the estimated costs and the actual costs, within the time specified, the trial
13 judge, on his own motion or upon motion by the clerk or by any party, and after a
14 hearing, shall do one of the following:
15 (1) Enter a formal order of dismissal of the appeal on the grounds of
16 abandonment; or.
17 (2) Grant a ten day ten-day period within which costs must shall be paid in
18 full, in default of which the appeal is dismissed as abandoned.
19 F. G. If the appellant pays the costs required by this Article, the appeal may
20 shall not be dismissed because of the passage of the return day without an extension
21 being obtained or because of an untimely lodging of the record on appeal.
22 H. For the purposes of this Article, "transmit" means the sending of notice
23 via certified mail, electronic mail to the email address designated by counsel or the
24 party, or commercial courier. The sending of notice by electronic means is complete
25 upon transmission, provided that the sender receives an electronic confirmation of
26 delivery.
27 Comments – 2026
28 Requirements relative to the transmission of the notice for the payment of
29 estimated costs are adapted from the service requirements set forth in Article
30 1313(C) applicable to pleadings and orders that set a court date and from Article
31 2166(F) defining "transmission of notice" with respect to the appellate court.
32 * * *
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1 Art. 2128. Same; determination of content
2 The form and content of the record on appeal shall be in accordance with the
3 rules of the appellate court, except as provided in the constitution Constitution of
4 Louisiana and as provided in Article 2128.1. However, within three days, exclusive
5 of holidays, after taking the appeal Within ten days after transmission of the notices
6 of estimated costs by the clerk of court as provided in Article 2126, however, the
7 appellant may designate in a writing by written notice filed with the trial court such
8 the portions of the record which he that the appellant desires to constitute the record
9 on appeal. Within five fourteen days, exclusive of holidays, after service of a copy
10 of this designation on the other party, that party may also designate in a writing by
11 written notice filed with the trial court such other portions of the record as he the
12 party considers necessary. In such those cases, the clerk shall prepare the record on
13 appeal as so directed, but a party or the trial court may cause to be filed thereafter
14 any omitted portion of the record as a supplemental record. When no designation is
15 made, the record shall be a transcript of all of the proceedings as well as all
16 documents filed in the trial court.
17 * * *
18 Art. 2166. Court of appeal judgment rehearing; finality; stay
19 * * *
20 F. For the purposes of this Article, "transmission of the notice" means the
21 sending of the notice via the United States Postal Service, or electronic mail, or
22 facsimile.
23 Art. 2167. Supreme court judgment rehearing; finality; stay
24 * * *
25 D. For the purposes of this Article, "transmission of the notice" means the
26 sending of the notice via the United States Postal Service, or electronic mail, or
27 facsimile.
28 * * *
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1 Art. 4922. Notice of judgment; justice of the peace courts; district courts with
2 concurrent jurisdiction
3 Notice of the signing of any final judgment shall be given as required by in
4 accordance with Article 1913, except that if the party is personally served with the
5 judgment in open court, no further notice shall be required.
6 Comments - 2026
7 This amendment does not change the law. Article 1913 was previously
8 amended to provide that delivery of the signed judgment in open court shall
9 constitute notice of judgment and shall be documented in the record of the
10 proceeding.
11 Section 2. R.S. 13:319 and 5206 are hereby amended and reenacted to read as
12 follows:
13 §319. Assignment and allotment of cases
14 Each civil and criminal appeal and each application for writs shall be
15 randomly assigned by the clerk, subject to the direct supervision of the court. Except
16 for good cause shown, all writs and appeals from contemporaneously rendered orders
17 or judgments from a lower court in the same action or consolidated cases shall be
18 assigned to the same randomly selected panel.
19 Comments - 2026
20 This amendment permits the clerk of the court of appeal to assign writs and
21 appeals in accordance with procedures that were commonly used prior to the 2018
22 amendment of this Section, thus preventing duplicative adjudication of identical
23 issues derived from the same action. See also Code of Civil Procedure Article
24 2164.1.
25 * * *
26 §5206. Reconventional demand beyond jurisdiction; filing in court of competent
27 jurisdiction; transfer of proceedings from small claims division
28 A. If a defendant in a small claims action shall have has a claim against the
29 plaintiff in such the action for an amount over the jurisdiction of the small claims
30 division as set forth in R.S. 13:5202(A), but of a nature which that may be asserted
31 by a reconventional demand as authorized by Code of Civil Procedure Article 1061
32 of the Louisiana Code of Civil Procedure, the defendant may assert his the claim in
33 the manner provided by this Section, in order to secure consolidation for trial of the
34 small claims action with his the defendant's own claim.
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1 B. At any time prior to trial in the small claims action, the defendant therein
2 may commence an action against the plaintiff in a court of competent jurisdiction to
3 assert a claim of the nature set forth by R.S. 13:5206(A), Subsection A of this
4 Section and file an affidavit that the reconventional demand is in excess of three five
5 thousand dollars with the judge of the small claims division in which the plaintiff has
6 commenced the small claims action.
7 C. The defendant shall attach to the affidavit a true copy of his petition or the
8 defendant's reconventional demand so filed and shall pay the clerk of the small
9 claims division a transmittal fee of ten dollars, in addition to the prescribed court
10 costs for filing the reconventional demand, furnishing a copy of the affidavit and
11 pleading to the plaintiff.
12 D. The judge of the small claims division shall order that the small claims
13 division action be transferred to the ordinary docket of the court set forth in said the
14 affidavit, and he shall transmit to such that court, (if it is other than the court of the
15 small claims division), copies of the citation and any pleadings in the small claims
16 action, and the. The actions shall then be consolidated for trial in such the other
17 docket or court.
18 E. The plaintiff in the small claims action shall not be required to pay to the
19 clerk of the court to which the action is so transferred any transmittal, appearance,
20 or filing fee; although, but upon adverse judgment, he the plaintiff may be taxed with
21 costs as in the case of any other defendant.
22 Section 3. Code of Civil Procedure Article 1425(F)(5) is hereby repealed in its
23 entirety.
24 Section 4. The Louisiana State Law Institute is hereby directed to print the following
25 Comment to Code of Civil Procedure Article 1425:
26 Art. 1425. Experts; pretrial disclosures; scope of discovery
27 * * *
28 Comments - 2026
29 A ruling allowing or excluding an expert or an expert's report due to the
30 expert's lack of qualifications or use of unreliable methodologies is an interlocutory
31 order that is not appealable in accordance with Article 2083.
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1 Section 5. The provisions of Code of Civil Procedure Article 561 as amended by
2 Section 1 of this Act shall have prospective application only and shall apply to motions to
3 dismiss based on abandonment filed on or after the effective date of this Act.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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