ENROLLED
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Regular Session, 2010
HOUSE BILL NO. 1261 (Substitute for House Bill No. 17 by Representative Ligi)
BY REPRESENTATIVE LIGI
AN ACT1
To amend and reenact Code of Civil Procedure Articles 925(A)(2) and 1672(C) and to enact2
Code of Civil Procedure Article 3955, relative to procedures for divorce; to provide3
for the filing of a declinatory exception; to provide for the dismissal of an action; to4
provide for service of an Article 102 divorce petition; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Code of Civil Procedure Articles 925(A)(2) and 1672(C) are hereby8
amended and reenacted and Code of Civil Procedure Article 3955 is hereby enacted to read9
as follows: 10
Art. 925. Objections raised by declinatory exception; waiver11
A. The objections which may be raised through the declinatory exception12
include but are not limited to the following:13
* * *14
(2) Insufficiency of service of process, including failure to request service15
of citation on the defendant within the time prescribed by Article 1201(C), or failure16
to request service of petition within the time prescribed by Article 3955.17
* * *18
Art. 1672. Involuntary dismissal19
* * *20
C. A judgment dismissing an action without prejudice shall be rendered as21
to a person named as a defendant for whom service has not been requested within the22
time prescribed by Article 1201(C) or 3955 upon the sustaining of a declinatory23
exception filed by such defendant, or upon contradictory motion of any other party,24 ENROLLEDHB NO. 1261
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unless good cause is shown why service could not be requested, in which case the1
court may order that service be effected within a specified time.2
* * *3
Art. 3955. Service of petition4
A. When a petition for divorce is filed in accordance with Civil Code Article5
102, service of the petition shall be requested on the defendant within ninety days of6
the filing of the petition.7
B. If the defendant is an absentee, the request for appointment of a curator8
ad hoc within ninety days of commencement of the action constitutes compliance9
with the requirements of Paragraph A of this Article.10
C. The defendant may expressly waive the requirements of Paragraph A of11
this Article by any written waiver. The requirement provided by Paragraph A of this12
Article shall be expressly waived by a defendant unless the defendant files, in13
accordance with the provisions of Article 928, a declinatory exception of14
insufficiency of service of process specifically alleging the failure to timely request15
service of the petition, in which case, after due proceedings, the action shall be16
dismissed.17
Section 2. The provisions of this Act shall be applied prospectively only.18
Section 3. The Louisiana State Law Institute is hereby directed to prepare comments19
to the provisions of this Act. 20
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: