ENROLLED
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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.
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 ENROLLEDHB NO. 192
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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
judgment is based." The amendment is also consistent with jurisprudence holding35 ENROLLEDHB NO. 192
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that "to prevent reversal on appeal, both the plaintiff and the trial judge should be1
vigilant to assure that the judgment rests on admissible evidence that establishes a2
prima facie case." Arias v. Stolthaven New Orleans, LLC, 9 So.3d 815, 820 (La.3
2009).4
(b) Although there is a presumption that a default judgment is supported by5
sufficient admissible evidence, this presumption may be rebutted through the6
defendant's utilization of appellate review of the record upon which the judgment7
was rendered. Without a complete record of the evidence presented to the trial court,8
meaningful appellate review of default judgments may be impaired. Prior to9
jurisprudence holding that a simple recitation in the default judgement that "the court10
reviewed the proof of the demands" is a substitute for the introduction in the record11
of the evidence considered by the trial court in rendering the judgment is no longer12
valid.13
(c) To avoid encumbering the court records with documentary evidence, the14
2013 amendment provides an option to the trial court to admit documentary evidence15
in the record in an electronically stored form. See Code of Evidence, Article 1003.1.16
* * *17
Art. 1951. Amendment of judgment18
A final judgment may be amended by the trial court at any time, with or19
without notice, on its own motion or on motion of any party: 20
(1) To alter the phraseology of the judgment, but not the substance; or 21
(2) To correct errors of calculation.22
On motion of the court or any party, a final judgment may be amended at any23
time to alter the phraseology of the judgment, but not its substance, or to correct24
errors of calculation. The judgment may be amended only after a hearing with notice25
to all parties, except that a hearing is not required if all parties consent or if the court26
or the party submitting the amended judgment certifies that it was provided to all27
parties at least five days before the amendment and that no opposition has been28
received.29
Comment - 201330
Article 1951 has been changed to require a hearing before a final judgment31
may be amended, unless the parties consent to the amendment or no opposition is32
filed after notice. The notice referenced in the Article is to counsel for named parties33
and self-represented parties entitled to notice under Article 1913. The court may34
direct notice to other interested persons, such as those entitled to notice in succession35
proceedings under Article 3305 and 3335.36
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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 a 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
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: