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 140 Engrossed 2021 Regular Session Muscarello
Abstract: Provides for the modernization of certain provisions of the Code of Civil Procedure.
Present law (C.C.P. Art. 193) provides for the adoption of rules by a court, including that a special
session of court may be called during vacation, and requires rules adopted by a district court to be
printed in pamphlet form and provided to any attorney who requests a copy of the rules.
Proposed law removes from present law the statement that a special session of court may be called
during vacation and the requirement that district court rules must be printed in pamphlet form.
Present law (C.C.P. Art. 194) sets forth the orders and judgments that may be signed by the district
judge in chambers.
Proposed law allows the orders and judgments set forth under present law to be signed in any place
where the district judge is physically located.
Present law (C.C.P. Art. 195) sets forth the judicial proceedings that may be conducted by the district
judge in chambers.
Proposed law adds to present law the ability to conduct these judicial proceedings by audio-visual
means.
Present law (C.C.P. Art. 196.1) allows the district court or a court of limited jurisdiction to sign
orders and judgments while outside of its jurisdiction during an emergency or disaster and requires
the court to indicate the location where the order or judgment was signed.
Proposed law removes from present law the restriction concerning emergencies or disasters and the
requirement that the judge shall indicate the location where the order or judgment was signed.
Present law (C.C.P. Art. 863(A)) requires every pleading to contain the physical address of the party
or the party's attorney for service of process.
Proposed law retains present law but further requires every pleading to contain the email address of
the party, if he has an email address, or the email address of the party's attorney for service of
process.
Present law (C.C.P. Art. 891(A)) requires petitions to designate an address for receipt of service of all items involving the litigation.
Proposed law adds to present law the requirement that petitions designate both a physical address
and an email address for receipt of service of all items involving the litigation.
Present law (C.C.P. Art. 1313(C)) provides that service of a pleading or order setting a court date
shall be made by registered or certified mail or by the sheriff or a commercial courier.
Proposed law retains present law but adds that service of a pleading or order setting a court date may
also be made by emailing the document to the designated email address. Proposed law further
provides that such service shall be complete upon transmission provided that the sender receives an
electronic confirmation of delivery.
Present law (R.S. 9:2603(B)(2)) excludes transactions that are governed by the Uniform Commercial
Code from the scope of the Louisiana Uniform Electronic Transactions Act (LUETA).
Proposed law retains present law but removes an outdated cross-reference.
Present law (C.C.P. Art. 196) sets forth the judicial acts or proceedings that may be conducted by
the district court during vacation.
Proposed law repeals present law.
Present law (R.S. 9:2603(B)(4)(a)) excludes laws governing adoption, divorce, or other matters of
family law from the scope of LUETA.
Proposed law repeals present law.
Effective Jan. 1, 2022.
(Amends C.C.P. Arts. 193, 194, 195, 196.1, 863(A), 891(A), and 1313(C) and R.S. 9:2603(B)(2);
Repeals C.C.P. Art. 196 and R.S. 9:2603(B)(4)(a))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and Procedure to the
original bill:
1. Specify that for service of process a self-represented party shall provide a physical
address and designated mailing address if mail is not received at the physical address, but
need provide an email address only if he has an email address.