HLS 12RS-1235 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 582
BY REPRESENTATIVE FOIL
CIVIL/ACTIONS: Provides relative to abandonment of civil actions
AN ACT1
To amend and reenact Code of Civil Procedure Article 561(C) and to enact Code of Civil2
Procedure Article 561(D), relative to abandonment of actions; to provide relative to3
the inability to locate opposing party; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Civil Procedure Article 561(C) is hereby amended and reenacted6
and Code of Civil Procedure Article 561(D) is hereby enacted to read as follows: 7
Art. 561. Abandonment in trial and appellate court8
* * *9
C. An action shall not be considered abandoned if the failure of a party to10
take action is the result of the inability to locate or serve an opposing party with a11
pleading required to further prosecute the action.12
D. An appeal is abandoned when the parties fail to take any step in its13
prosecution or disposition for the period provided in the rules of the appellate court.14
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Foil HB No. 582
Abstract: Provides that an action shall not be considered abandoned if the failure to take
any step in the prosecution is due to the inability to locate the opposing party.
Present law provides for abandonment of an action if the parties do not take any steps for a
period of three years. HLS 12RS-1235 ORIGINAL
HB NO. 582
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law retains present law and adds that an action shall not be considered abandoned
if the failure of taking any step in the prosecution is due to the inability to locate the
opposing party.
(Amends C.C.P. Art. 561(C); Adds C.C.P. Art. 561(D))