HLS 18RS-28 ENGROSSED
2018 Regular Session
HOUSE BILL NO. 5
BY REPRESENTATIVE CONNICK
PRESCRIPTION: Provides relative to the interruption of prescription
1 AN ACT
2To amend and reenact Civil Code Article 3463, relative to prescription; to provide for the
3 effect of dismissal of a party in certain circumstances; and to provide for related
4 matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. Civil Code Article 3463 is hereby amended and reenacted to read as
7follows:
8 Art. 3463. Duration of interruption; abandonment or discontinuance of suit
9 An interruption of prescription resulting from the filing of a suit in a
10 competent court and in the proper venue or from service of process within the
11 prescriptive period continues as long as the suit is pending. Interruption is
12 considered never to have occurred if the plaintiff abandons, voluntarily dismisses the
13 action at any time either before the defendant has made any appearance of record or
14 thereafter, or fails to prosecute the suit at the trial.
15 A settlement and subsequent dismissal of a defendant pursuant to a
16 transaction and compromise shall not qualify as a voluntary dismissal pursuant to
17 this Article.
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-28 ENGROSSED
HB NO. 5
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 5 Engrossed 2018 Regular Session Connick
Abstract: Provides for the continued suspension of prescription upon the dismissal of a
defendant under certain circumstances.
Present law provides that the filing of a suit in a competent court and in the proper venue or
from service of process interrupts prescription as long as the suit is pending.
Present law provides that interruption is considered never to have occurred if the plaintiff
abandons, voluntarily dismisses the action at any time either before the defendant has made
any appearance of record or thereafter, or fails to prosecute the suit at the trial.
Proposed law specifies that a settlement and subsequent dismissal of a defendant does not
qualify as a voluntary dismissal.
The provisions of proposed law are intended to codify the ruling of the court in Pierce v.
Foster Wheeler Constructors, Inc., 906 So.2d 605 (La.App. 1
st
Cir. 2005).
(Amends C.C. Art. 3463)
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.