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 Engrossed 2015 Regular Session Garofalo
Abstract: Provides relative to trial procedures, evidence, and citation and service procedures for
justice of the peace courts.
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. 4919(A)(intro. para.) and (5), 4922, and 4925(A); Adds C.C.P. Arts.
4921.1(C) and 4921.2)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Judiciary to the original bill:
1. Remove the requirements that all pleadings shall be in writing and filed with the justice
of the peace or clerk of court.
2. Remove all proposed law provisions relative to the form of pleadings, signing of the
pleadings, and form of the petition.
3. Change the requirement that the first scheduled trial date be not more than 45 days from
the issuance of the citation to the service of the citation and removes requirement that the
setting of the trial date is contingent upon service occurring not less than ten days before
the time set for trial.
4. Remove authority for a justice of the peace to raise defenses or claims of which the
parties may be unaware.