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Regular Session, 2013
HOUSE BILL NO. 192
BY REPRESENTATIVES EDWARDS AND ABRAMSON
(On Recommendation of the Louisiana State Law Institute)
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CIVIL/PROCEDURE: Provides for the continuous revision of the Code of Civil Procedure
AN ACT1
To amend and reenact Code of Civil Procedure Articles 45, 1702(A), 1951, and 1979,2
relative to the continuous revision of the Code of Civil Procedure; to provide for3
application of rules to determine proper venue when two or more articles conflict;4
to require the proof supporting confirmation of a default judgment to be placed into5
the court record; to require that certain conditions be met before a final judgment6
may be amended; to provide for exceptions; to require the court to specify its reasons7
for granting a motion for new trial; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. Code of Civil Procedure Articles 45, 1702(A), 1951, and 1979 are hereby10
amended and reenacted to read as follows: 11
Art. 45. Conflict between two or more articles in Chapter 12
The following rules determine the proper venue in cases where two or more13
articles in this Chapter may conflict: 14
(1) Article 78, 79, 80, 81, 82, or 83, 84, 86, or 87 governs the venue15
exclusively, if this article conflicts with any of Articles 42 and 71 through 77; 16
(2) If there is a conflict between two or more of Articles 78 through , 79, 80,17
81, 82, 83, 84, 86, or 87, the plaintiff may bring the action in any venue provided by18
any applicable article; and19 HLS 13RS-306 ORIGINAL
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(3) If Article Articles 78, 79, 80, 81, 82, or 83 is not, 84, 86, and 87 are not1
applicable, and there is a conflict between two or more of Articles 42 and 71 through2
77, the plaintiff may bring the action in any venue provided by any applicable article.3
Comment - 20134
Articles added to the Code of Civil Procedure after its 1960 enactment were5
not included in Article 45. The 2013 amendment adds Articles 84, 86, and 87 to the6
list of those articles governing venue exclusively if they conflict with the general7
venue articles. Article 85, providing for actions against domestic corporations with8
a revoked charter and franchise, has not been included because it provides for9
multiple venues including Article 42(2) and its exceptions provided in Article 43.10
* * *11
Art. 1702. Confirmation of default judgment12
A. A judgment of default must be confirmed by proof of the demand that is13
sufficient to establish a prima facie case and that is admitted on the record prior to14
confirmation. The court may require that documentary evidence be placed in the15
record in an electronically stored form. If no answer is filed timely, this16
confirmation may be made after two days, exclusive of holidays, from the entry of17
the judgment of default. When a judgment of default has been entered against a18
party that is in default after having made an appearance of record in the case, notice19
of the date of the entry of the judgment of default must be sent by certified mail by20
the party obtaining the judgment of default to counsel of record for the party in21
default, or if there is no counsel of record, to the party in default, at least seven days,22
exclusive of holidays, before confirmation of the judgment of default.23
* * *24
Comments - 201325
(a) The 2013 amendment to the first sentence in Article 1702(A) adds a new26
requirement that all of the proof required to establish a prima facie case supporting27
confirmation of a default judgment must be placed into the court record prior to28
judgment. The change follows La. Const. Art. 1 ยง19, which grants litigants "the29
right of judicial review based upon a complete record of all evidence upon which the30
judgment is based." The amendment is also consistent with jurisprudence holding31
that "to prevent reversal on appeal, both the plaintiff and the trial judge should be32
vigilant to assure that the judgment rests on admissible evidence that establishes a33
prima facie case." Arias v. Stolthaven New Orleans, LLC, 9 So.3d 815, 820 (La.34
2009).35
(b) Although there is a presumption that a default judgment is supported by36
sufficient admissible evidence, this presumption may be rebutted through the37 HLS 13RS-306 ORIGINAL
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defendant's utilization of appellate review of the record upon which the judgment1
was rendered. Without a complete record of the evidence presented to the trial court,2
meaningful appellate review of default judgments may be impaired. Prior to3
jurisprudence holding that a simple recitation in the default judgement that "the court4
reviewed the proof of the demands" is a substitute for the introduction in the record5
of the evidence considered by the trial court in rendering the judgment is no longer6
valid.7
(c) To avoid encumbering the court records with documentary evidence, the8
2013 amendment provides an option to the trial court to admit documentary evidence9
in the record in an electronically stored form. See Code of Evidence, Article 1003.1.10
* * *11
Art. 1951. Amendment of judgment12
A final judgment may be amended by the trial court at any time, with or13
without notice, on its own motion or on motion of any party: 14
(1) To alter the phraseology of the judgment, but not the substance; or 15
(2) To correct errors of calculation.16
On motion of the court or any party, a final judgment may be amended at any17
time to alter the phraseology of the judgment, but not its substance, or to correct18
errors of calculation. The judgment may be amended only after a hearing with notice19
to all parties, except that a hearing is not required if all parties consent or if the court20
or the party submitting the amended judgment certifies that it was provided to all21
parties at least five days before the amendment and that no opposition has been22
received.23
Comment - 201324
Article 1951 has been changed to require a hearing before a final judgment25
may be amended, unless the parties consent to the amendment or no opposition is26
filed after notice. The notice referenced in the Article is to counsel for named parties27
and self-represented parties entitled to notice under Article 1913. The court may28
direct notice to other interested persons, such as those entitled to notice in succession29
proceedings under Article 3305 and 3335.30
* * *31
Art. 1979. Summary decision on motion; maximum delays 32
The court shall decide on a motion for a new trial within ten days from the33
time it is submitted for decision. The time may be extended for a specified period34
upon the written consent or stipulation of record by the attorneys representing all35 HLS 13RS-306 ORIGINAL
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parties. When the court grants a motion for new trial, it shall specify each of its1
reasons in the order.2
Comment - 20133
The last sentence was added to require the court to state all of its reasons in4
an order granting a new trial. The change was taken from a similar provision in5
FRCP 59(D). The specification of reasons for granting a new trial may facilitate6
appellate review by supervisory writ or subsequent trial court proceedings.7
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)]
Edwards HB No. 192
Abstract: Provides for the continuous revision of the Code of Civil Procedure, including
providing for exclusive venue and the rules for application when two or more articles
conflict, requiring proof supporting confirmation of a default judgment be placed in
the court record, requiring a hearing, consent of the parties, or no opposition to a
proposed amendment before a final judgment may be amended, and requiring the
court to specify its reasons for granting a motion for new trial.
Present law provides for application of rules to determine proper venue when two or more
C.C.P. articles conflict.
Proposed law retains present law and adds articles addressing proper venue in actions
involving certain retirement systems and employee benefit programs, actions involving
voting trusts, and actions involving application for compensation for wrongful conviction
and imprisonment to the list of articles providing exclusive venue and the rules for
application when two or more articles conflict.
Present law provides for confirmation of default judgments.
Proposed law requires the proof supporting confirmation of a default judgment to be placed
into the court record prior to judgment. Provides that the court may require the proof to be
in electronic form.
Present law provides for amendment to judgments to correct phraseology or errors of
calculation.
Proposed law retains present law and requires a hearing before amending a final judgment,
unless the parties consent or no opposition is filed after notice of the proposed amendment.
Present law requires the court to render a decision on a motion for new trial within 10 days
of the submission of the motion. Allows the time to be extended if the parties agree.
Proposed law retains present law and requires the court to specify its reasons for granting
a motion for a new trial.
(Amends C.C.P. Arts. 45, 1702(A), 1951, and 1979)