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)]
HB 728 Original 2015 Regular Session Garofalo
Abstract: Requires written pleadings in justice of the peace courts and provides with respect to trial
procedures, evidence, and authorizes service.
Present law authorizes claims, exceptions, defenses, and pleas to be made by a party or his attorney,
orally or in writing.
Proposed law requires that all pleadings be in writing and an original and one copy be filed with the
justice of the peace or clerk of court.
Proposed law provides for the form and signature requirements relative to all pleadings.
Present law requires the permanent recordation of relevant case information and pleadings by the
clerk of court or justice of the peace.
Proposed law retains present law except that the justice of the peace or clerk of court shall record
all case information that has been filed with the court.
Present law provides general provisions for trial.
Proposed law retains present law but provides the following:
(1)Provides for requirements relative to the citation.
(2)Authorizes the justice of the peace or clerk of court to set matters for trial within certain time
delays.
(3)Provides for duties of the justice of the peace as it relates to trial procedures.
(4)Provides relative to notice of judgment and procedures for appeal.
(Amends C.C.P. Arts. 4917, 4918, 4919(A)(intro. para.) and (5), (B), and (C), 4922, and 4925(A);
Adds C.C.P. Arts. 4917.1, 4917.2, 4917.3, 4921.1(C) and 4921.2)