RÉSUMÉ DIGEST
ACT 419 (HB 439) 2017 Regular Session Zeringue
Existing 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.
New law clarifies existing law by consistently using the terms "preliminary default" and
"final default judgment" throughout those provisions.
New 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.
New 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.
New 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.
New law provides that the provisions of new 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.
Prior law (C.C.P. Arts. 253.3(A)(4) and 3955(B)) used the term "curator ad hoc".
New law replaces 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.
Existing 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.
New law clarifies that the procedure provided under existing law is accomplished by a
motion to stay rather than an exception of lis pendens.
Existing law (C.C.P. Art. 925(A)(3)) sets forth the objections that may be raised as
declinatory exceptions.
New law clarifies that the exception of lis pendens under existing law is provided only by
C.C.P. Art. 531.
Existing 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.
New law adds to existing 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.
Existing law (C.C.P. Arts. 3861, 3864, 3901, and 3902) provides for the applicability of
mandamus and quo warranto proceedings to corporations. New law adds to existing law that these proceedings shall also be applicable to limited
liability companies.
Existing law (C.C.P. Art. 253) provides for the pleadings, documents, and exhibits to be filed
with the clerk of court.
New law adds to existing 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.
Existing 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.
New law redesignates existing law as C.C.P. Art. 1041 so it appears in the section of the
C.C.P. on General Dispositions of Incidental Actions.
Effective August 1, 2017, except C.C.P. Art. 253(E) becomes effective Jan. 1, 2018.
(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)