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)