HLS 20RS-465 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 279
BY REPRESENTATIVE SEABAUGH
JUDGMENTS/CIVIL: Provides relative to involuntary dismissals with prejudice
1 AN ACT
2To amend and reenact Code of Civil Procedure Article 1672(C), relative to involuntary
3 dismissal judgments; to provide for dismissals of an action with prejudice; to provide
4 for involuntary dismissal with prejudice for defendants with whom service has not
5 been requested within ninety days or waived by defendants; and to provide for
6 related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. Code of Civil Procedure Article 1672(C) is hereby amended and
9reenacted to read as follows:
10 Art. 1672. Involuntary dismissal
11 * * *
12 C. A judgment dismissing an action without with prejudice shall be rendered
13 as to a person named as a defendant for whom service has not been requested within
14 the time prescribed by Article 1201(C) or 3955 upon the sustaining of a declinatory
15 exception filed by such defendant, or upon contradictory motion of any other party,
16 unless good cause is shown why service could not be requested, in which case the
17 court may order that service be effected within a specified time.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-465 ORIGINAL
HB NO. 279
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 279 Original 2020 Regular Session Seabaugh
Abstract: Changes a judgment dismissing an action regarding service and waiver of service
from without prejudice to with prejudice.
Present law dismisses an action without prejudice as to a named defendant if service is not
requested within the time prescribed by present law (C.C.P. Art. 1201(C)).
Present law dismisses actions rendered for defendants who waive service under present law
(C.C.P. Art. 3955) as without prejudice.
Proposed law changes the dismissal provided by present law (C.C.P. Arts. 1201(C) and
3955) from without prejudice to with prejudice.
(Amends C.C.P. Art. 1672(C))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.