HLS 20RS-2369 ENGROSSED
2020 Regular Session
HOUSE RESOLUTION NO. 50
BY REPRESENTATIVE ROBBY CARTER
JUDGMENTS/CIVIL: Directs the Louisiana State Law Institute to study the laws on
default judgments and make recommendations for the repeal of provisions for
preliminary defaults
1 A RESOLUTION
2To urge and request the Louisiana State Law Institute to study and make recommendations
3 regarding the laws on preliminary default judgments.
4 WHEREAS, it is of the utmost importance that the law regarding civil procedure be
5useful and efficient; and
6 WHEREAS, modern pleadings have evolved such that there may be older laws of
7civil procedure which are no longer meaningful or useful; and
8 WHEREAS, preliminary defaults are no longer used in city courts; and
9 WHEREAS, preliminary defaults are referred to in district courts as judgments of
10default, but are actually not judgments; and
11 WHEREAS, preliminary defaults are, in practical terms, minute entries which can
12be mailed in, require no hearing, and may serve no practical purpose; and
13 WHEREAS, under the rules of Louisiana Civil Procedure, a defendant has fifteen
14days from the day it is served with a petition to file responsive pleadings; and
15 WHEREAS, a defendant has two extra days to file responsive pleadings after a
16preliminary default has been entered against it; and
17 WHEREAS, under the Federal Rules of Civil Procedure, a defendant has twenty days
18to file a responsive pleading to a complaint; and
19 WHEREAS, judicial efficiency might be enhanced through the elimination of
20preliminary defaults in Louisiana courts and the adoption of the Federal Rules of Civil
Page 1 of 2 HLS 20RS-2369 ENGROSSED
HR NO. 50
1Procedure to allow a defendant twenty days to file responsive pleadings, rather than fifteen
2days.
3 THEREFORE, BE IT RESOLVED that the House of Representatives of the
4Legislature of Louisiana does hereby urge and request that the Louisiana State Law Institute
5study the rules of preliminary defaults and make recommendations, if any, to enhance
6judicial efficiency and clarity with the rules of pleadings and that the Louisiana State Law
7Institute report its findings and recommendations to the Legislature of Louisiana on or
8before March 1, 2021.
9 BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted
10to the director of the Louisiana State Law Institute.
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)]
HR 50 Engrossed 2020 Regular Session Robby Carter
Requests the La. State Law Institute to study the laws of preliminary defaults and responsive
pleadings under the Code of Civil Procedure and to report its findings and recommendations
to the legislature no later than March 1, 2021.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Change "authorize and direct" to "urge and request"
2. Change the La. State Law Institute's reporting requirement from Jan. 1, 2021, to
March 1, 2021.
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