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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 43, 45, 1702(A), 1951, and 1979,2
relative to the continuous revision of the Code of Civil Procedure; to provide for3
exceptions to the general rules of venue; to provide for application of rules to4
determine proper venue when two or more articles conflict; to require the proof5
supporting confirmation of a default judgment to be placed into the court record; to6
require that certain conditions be met before a final judgment may be amended; to7
provide for exceptions; to require the court to specify its reasons for granting a8
motion for new trial; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. Code of Civil Procedure Articles 43, 45, 1702(A), 1951, and 1979 are11
hereby amended and reenacted to read as follows: 12
Art. 43. Exceptions to general rules13
The general rules of venue provided in Article 42 are subject to the14
exceptions provided in Articles 71 through 85 Section 2 of Chapter 2 of Title 1 of15
Book 1 of this Code and otherwise provided by law.16
* * *17
Art. 45. Conflict between two or more articles in Chapter 18
The following rules determine the proper venue in cases where two or more19
articles in this Chapter may conflict: 20
(1) Article 78, 79, 80, 81, 82, or 83, 84, 86, or 87 governs the venue21
exclusively, if this article conflicts with any of Articles 42 and 71 through 77; 22 HLS 13RS-306 REENGROSSED
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(2) If there is a conflict between two or more of Articles 78 through , 79, 80,1
81, 82, 83, 84, 86, or 87, the plaintiff may bring the action in any venue provided by2
any applicable article; and3
(3) If Article Articles 78, 79, 80, 81, 82, or 83 is not, 84, 86, and 87 are not4
applicable, and there is a conflict between two or more of Articles 42 and 71 through5
77, the plaintiff may bring the action in any venue provided by any applicable article.6
Comment - 20137
Articles added to the Code of Civil Procedure after its 1960 enactment were8
not included in Article 45. The 2013 amendment adds Articles 84, 86, and 87 to the9
list of those articles governing venue exclusively if they conflict with the general10
venue articles. Article 85, providing for actions against domestic corporations with11
a revoked charter and franchise, has not been included because it provides for12
multiple venues including Article 42(2) and its exceptions provided in Article 43.13
* * *14
Art. 1702. Confirmation of default judgment15
A. A judgment of default must be confirmed by proof of the demand that is16
sufficient to establish a prima facie case and that is admitted on the record prior to17
confirmation. The court may permit documentary evidence to be filed in the record18
in any electronically stored format authorized by the local rules of the district court19
or approved by the clerk of the district court for receipt of evidence. If no answer is20
filed timely, this confirmation may be made after two days, exclusive of holidays,21
from the entry of the judgment of default. When a judgment of default has been22
entered against a party that is in default after having made an appearance of record23
in the case, notice of the date of the entry of the judgment of default must be sent by24
certified mail by the party obtaining the judgment of default to counsel of record for25
the party in default, or if there is no counsel of record, to the party in default, at least26
seven days, exclusive of holidays, before confirmation of the judgment of default.27
* * *28
Comments - 201329
(a) The 2013 amendment to the first sentence in Article 1702(A) adds a new30
requirement that all of the proof required to establish a prima facie case supporting31
confirmation of a default judgment must be placed into the court record prior to32
judgment. The change follows La. Const. Art. 1 ยง19, which grants litigants "the33
right of judicial review based upon a complete record of all evidence upon which the34 HLS 13RS-306 REENGROSSED
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judgment is based." The amendment is also consistent with jurisprudence holding1
that "to prevent reversal on appeal, both the plaintiff and the trial judge should be2
vigilant to assure that the judgment rests on admissible evidence that establishes a3
prima facie case." Arias v. Stolthaven New Orleans, LLC, 9 So.3d 815, 820 (La.4
2009).5
(b) Although there is a presumption that a default judgment is supported by6
sufficient admissible evidence, this presumption may be rebutted through the7
defendant's utilization of appellate review of the record upon which the judgment8
was rendered. Without a complete record of the evidence presented to the trial court,9
meaningful appellate review of default judgments may be impaired. Prior to10
jurisprudence holding that a simple recitation in the default judgement that "the court11
reviewed the proof of the demands" is a substitute for the introduction in the record12
of the evidence considered by the trial court in rendering the judgment is no longer13
valid.14
(c) To avoid encumbering the court records with documentary evidence, the15
2013 amendment provides an option to the trial court to admit documentary evidence16
in the record in an electronically stored form. See Code of Evidence, Article 1003.1.17
* * *18
Art. 1951. Amendment of judgment19
A final judgment may be amended by the trial court at any time, with or20
without notice, on its own motion or on motion of any party: 21
(1) To alter the phraseology of the judgment, but not the substance; or 22
(2) To correct errors of calculation.23
On motion of the court or any party, a final judgment may be amended at any24
time to alter the phraseology of the judgment, but not its substance, or to correct25
errors of calculation. The judgment may be amended only after a hearing with notice26
to all parties, except that a hearing is not required if all parties consent or if the court27
or the party submitting the amended judgment certifies that it was provided to all28
parties at least five days before the amendment and that no opposition has been29
received.30
Comment - 201331
Article 1951 has been changed to require a hearing before a final judgment32
may be amended, unless the parties consent to the amendment or no opposition is33
filed after notice. The notice referenced in the Article is to counsel for named parties34
and self-represented parties entitled to notice under Article 1913. The court may35
direct notice to other interested persons, such as those entitled to notice in succession36
proceedings under Article 3305 and 3335.37
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Art. 1979. Summary decision on motion; maximum delays 1
The court shall decide on a motion for a new trial within ten days from the2
time it is submitted for decision. The time may be extended for a specified period3
upon the written consent or stipulation of record by the attorneys representing all4
parties. When the court grants a motion for new trial, it shall specify each of its5
reasons in the order.6
Comment - 20137
The last sentence was added to require the court to state all of its reasons in8
an order granting a new trial. The change was taken from a similar provision in9
FRCP 59(D). The specification of reasons for granting a new trial may facilitate10
appellate review by supervisory writ or subsequent trial court proceedings.11
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
recognizing exceptions to the general venue rules, 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 exceptions to the general rules of venue.
Proposed law retains present law and adds actions involving voting trusts and actions
involving applications for wrongful conviction and imprisonment as exceptions to the
general rules of venue.
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 permit documentary
evidence to be filed in an electronic format authorized by the local rules or the clerk of the
district court. HLS 13RS-306 REENGROSSED
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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. 43, 45, 1702(A), 1951, and 1979)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill.
1. Added articles addressing venue in actions involving voting trusts and actions
involving applications for compensation for wrongful conviction and
imprisonment as exceptions to the general venue rules.
2. Deleted the provision authorizing the court to require proof supporting
confirmation of a default judgment to be filed in electronic form and added
language authorizing the court to permit documentary evidence to be stored in
an electronic format authorized by the local rules or the clerk of district court.