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)]
CONFERENCE COMMITTEE REP ORT DIGEST
HB 439 2017 Regular Session Zeringue
Keyword and oneliner of the instrument as it left the House
CIVIL/PROCEDURE: Provides for continuous revisions to the Code of Civil Procedure and related
provisions of the Revised Statutes
Report adopts Senate amendments to:
1. Add technical amdendments.
Report rejects Senate amendments which would have:
1. Added committee amendments inserting provisions relative to medical examinations of
minors and added subsequent amendments removing those provisions.
2. Added technical Legislative Bureau Amendments.
3. Added provisions relative to procedures for obtaining a marriage license when an applicant
is unable to produce a birth certificate or social security number.
Report amends bill to:
4. Add provisions relative to procedures for obtaining a marriage license when an applicant is
unable to produce a specified list of documents.
Digest of the bill as proposed by the Conference Committee
Present law (C.C.P. Arts. 284, 928(A), 1002, 1701-1704, 1843, 1913(B) and (C), 2002(A)(2), 4904,
4921, 4921.1(C), and 5095, R.S. 13:3205, and R.S. 23:1316 and 1316.1) uses terms including
"default", "default judgment", "judgment by default", and "judgment of default" for both the
preliminary default and final default judgment procedures.
Proposed law clarifies present law by consistently using the terms "preliminary default" and "final
default judgment" throughout. Proposed law (C.C.P. Art. 74.3.1) provides that a person applying for a marriage license who is
unable to provide certain required documents establishing the applicant's identity may seek judicial
authorization for waiver of the requirements, and further authorizes the court to grant the waiver and
order the issuance of the marriage license if, after hearing and good cause shown, the court finds that
such relief is appropriate and that the person has complied with other legal requirements for the
marriage license.
Proposed law authorizes the hearing to be conducted in camera, and before a duty judge, and
provides that the written order granting the waiver shall be attached to the marriage license
application.
Proposed law provides that judicial authorization may be granted by the district court, parish court,
family court, or juvenile court, in the parish in which the marriage license application is made, or
by the First or Second City Court of the City of New Orleans if such application is made within their
territorial jurisdiction, or by a justice of the peace court or city court if the issuing official is located
within the justice of the peace or city court's territorial jurisdiction.
Proposed law provides that the provisions of proposed law are in addition to any other right or
remedy provided by law, are notwithstanding any other provision of law to the contrary, and shall
supersede and control to the extent of conflict with any other provision of law.
Present law (C.C.P. Arts. 253.3(A)(4) and 3955(B)) uses the term "curator ad hoc".
Proposed law clarifies present law by replacing the term "curator ad hoc" with "an attorney appointed
by the court" and "an attorney appointed to represent the absentee defendant" in accordance with
C.C.P. Art. 5091.
Present law (C.C.P. Art. 532) permits the court to stay all proceedings in suits brought in a Louisiana
court while suit is also pending in another jurisdiction.
Proposed law clarifies that the procedure provided under present law is accomplished by a motion
to stay rather than an exception of lis pendens.
Present law (C.C.P. Art. 925(A)(3)) sets forth the objections that may be raised as declinatory
exceptions.
Proposed law clarifies that the exception of lis pendens under present law is provided only by C.C.P.
Art. 531.
Present law (C.C.P. Art. 1702(E)) requires that when the plaintiff's demand is for divorce under C.C.
Art. 103(1) or (5), the plaintiff must submit an affidavit, proposed final judgment, and certification
that service was properly made and the procedural requirements of the preliminary default process
were properly followed.
Proposed law adds to present law the requirement that when the plaintiff's demand is for divorce under C.C. Art. 103(5), the plaintiff shall also submit to the court a certified copy of the protective
order or injunction rendered after a contradictory hearing or consent decree.
Present law (C.C.P. Arts. 3861, 3864, 3901, and 3902) provides for the applicability of mandamus
and quo warranto proceedings to corporations.
Proposed law adds to present law that these proceedings shall also be applicable to limited liability
companies.
Present law (C.C.P. Art. 253) provides for the pleadings, documents, and exhibits to be filed with
the clerk of court.
Proposed law adds to present law that the clerk of court shall not refuse to accept any pleading or
other document solely on the ground that it was signed by electronic signature.
Proposed law also provides for a delayed effective date of Jan. 1, 2018.
Present law (C.C.P. Art. 1067) provides with respect to the barring of all incidental demands by
prescription or peremption but appears in the section of the C.C.P. on Reconvention specifically.
Proposed law redesignates present law as C.C.P. Art. 1041 so it appears in the section of the C.C.P.
on General Dispositions of Incidental Actions.
(Amends C.C.P. Arts. 253.3(A)(4), 284, 532(heading), 925(A)(3), 928(A), 1002, 1701- 1704, 1843,
1913(B) and (C), 2002(A)(2), 3861, 3864, 3901, 3902, 3955(B), 4904, 4921, 4921.1(C), and 5095,
R.S. 13:3205, and R.S. 23:1316 and 1316.1(A); Adds C.C.P. Art. 74.3.1 and 253(E); Redesignates
C.C.P. Art. 1067)