ENROLLED
ACT No. 68
2021 Regular Session
HOUSE BILL NO. 140
BY REPRESENTATIVES MUSCARELLO, ROBBY CARTER, JEFFERSON, JENKINS,
MIKE JOHNSON, LANDRY, LARVADAIN, AND SEABAUGH
1 AN ACT
2 To amend and reenact Code of Civil Procedure Articles 193, 194, 195, 196.1, 863(A),
3 891(A), and 1313(C) and R.S. 9:2603(B)(2), and to repeal Code of Civil Procedure
4 Article 196 and R.S. 9:2603(B)(4)(a), relative to civil procedure; to provide for the
5 adoption of local court rules; to provide with respect to the power of district courts
6 to act; to provide with respect to judicial proceedings; to provide for the signing of
7 orders and judgments; to provide with respect to pleadings and petitions; to provide
8 for service by electronic means; to provide with respect to the Louisiana Uniform
9 Electronic Transaction Act; to provide for an effective date; and to provide for
10 related matters.
11 Be it enacted by the Legislature of Louisiana:
12 Section 1. Code of Civil Procedure Articles 193, 194,195, 196.1, 863(A), 891(A),
13 and 1313(C) are hereby amended and reenacted to read as follows:
14 Art. 193. Power to adopt local rules; publication
15 A. A court may adopt rules for the conduct of judicial business before it,
16 including those governing matters of practice and procedure which that are not
17 contrary to the rules provided by law. When a court has more than one judge, its
18 rules shall be adopted or amended by a majority of the judges thereof, sitting en
19 banc.
20 The rules may provide that the court may call a special session of court
21 during vacation, and that any action, proceeding, or matter otherwise required by law
22 to be tried or heard in open court during the regular session may be tried or heard
23 during the special session.
24 B. The rules shall be entered on the minutes of the court. Rules adopted by
25 an appellate court shall be published in the manner which that the court considers
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1 most effective and practicable. Rules adopted by a district court shall be printed in
2 pamphlet form, and a copy shall be furnished on request to any attorney licensed to
3 practice law in this state.
4 Art. 194. Power of district court to act in chambers; signing orders and judgments
5 The following orders and judgments may be signed by the district judge in
6 chambers any place where the judge is physically located:
7 (1) Order directing the taking of an inventory; judgment decreeing or
8 homologating a partition, when unopposed; judgment probating a testament ex parte;
9 order directing the execution of a testament; order confirming or appointing a legal
10 representative, when unopposed; order appointing an undertutor or an undercurator;
11 order appointing an attorney at law to represent an absent, incompetent, or
12 unrepresented person, or an attorney for an absent heir; order authorizing the sale of
13 property of an estate administered by a legal representative; order directing the
14 publication of the notice of the filing of a tableau of distribution, or of an account,
15 by a legal representative; judgment recognizing heirs or legatees and sending them
16 into possession, when unopposed; all orders for the administration and settlement of
17 a succession, or for the administration of an estate by a legal representative;.
18 (2) Order to show cause; order directing the issuance and providing the
19 security to be furnished by a party for the issuance of a writ of attachment or
20 sequestration; order directing the release of property seized under a writ of
21 attachment or sequestration and providing the security to be furnished therefor; order
22 for the issuance of a temporary restraining order and providing the security therefor;
23 order for the issuance of a writ, or alternative writ, of habeas corpus, mandamus, or
24 quo warranto;.
25 (3) Order for the seizure and sale of property in an executory proceeding;.
26 (4) Order for the taking of testimony by deposition; for the production of
27 documentary evidence; for the production of documents and things for inspection,
28 copying, or photographing; for permission to enter land for the purpose of
29 measuring, surveying, or photographing;.
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1 (5) Order or judgment deciding or otherwise disposing of an action,
2 proceeding, or matter which that may be tried or heard in chambers;.
3 (6) Order or judgment that may be granted on ex parte motion or application,
4 except an order of appeal on an oral motion; and.
5 (7) Any other order or judgment not specifically required by law to be signed
6 in open court.
7 Comments – 2021
8 This Article has been amended to codify the current practice of the district
9 court judges of signing orders and judgments wherever the judge is physically
10 located. With the use of electronic signatures as provided for in Articles 253(C) and
11 1911(A), judges are authorized to sign orders and judgments electronically, and this
12 Article authorizes them to do so wherever they are physically located.
13 Art. 195. Same; judicial Judicial proceedings in chambers
14 The following judicial proceedings may be conducted by the district judge
15 in chambers or by any audio-visual means:
16 (1) Hearing on an application by a legal representative for authority, whether
17 opposed or unopposed, and on a petition for emancipation;.
18 (2) Homologation of a tableau of distribution, or of an account, filed by a
19 legal representative, so far as unopposed;.
20 (3) Trial of a rule to determine the nonexempt portion of wages, salaries, or
21 commissions seized under garnishment and to direct the payment thereof
22 periodically by the garnishee to the sheriff;.
23 (4) Examination of a judgment debtor; and.
24 (5) Trial of or hearing on any other action, proceeding, or matter which that
25 the law expressly provides may be tried or heard in chambers.
26 Art. 196.1. Power of courts to act during emergencies judges to sign orders and
27 judgments while outside of the court's territorial jurisdiction
28 A. A The judge of a district court or a court of limited jurisdiction may sign
29 orders and judgments while outside of it's the court's territorial jurisdiction during
30 an emergency or disaster declared as such pursuant to R.S. 29:724(B) if the
31 emergency or disaster prevents the court from operating in its own jurisdiction.
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1 B. The court shall indicate the location where the order or judgment was
2 signed on any order or judgment signed outside of the court's territorial jurisdiction
3 pursuant to this Article.
4 Comments – 2021
5 This Article has been amended to allow the judge to sign orders and
6 judgments while outside of the court's territorial jurisdiction, regardless of whether
7 there is an emergency or disaster. This amendment does not confer or extend the
8 subject matter jurisdiction of a court when one of its judges signs a judgment or
9 order outside of the court's territorial jurisdiction. See Articles 2 and 3.
10 * * *
11 Art. 863. Signing of pleadings; effect
12 A. Every pleading of a party represented by an attorney shall be signed by
13 at least one attorney of record in his individual name, whose physical address and
14 email address for service of process shall be stated. A party who is not represented
15 by an attorney shall sign his pleading and state his physical address and email
16 address, if he has an email address, for service of process. If mail is not received at
17 the physical address for service of process, a designated mailing address shall also
18 be provided.
19 * * *
20 Art. 891. Form of petition
21 A. The petition shall comply with Articles 853, 854, and 863, and, whenever
22 applicable, with Articles 855 through 861. It shall set forth the name, surname, and
23 domicile of the parties; shall contain a short, clear, and concise statement of all
24 causes of action arising out of, and of the material facts of, the transaction or
25 occurrence that is the subject matter of the litigation; shall designate an a physical
26 address, not a post office box, and an email address for receipt of service of all items
27 involving the litigation; and shall conclude with a prayer for judgment for the relief
28 sought. Relief may be prayed for in the alternative.
29 * * *
30 Art. 1313. Service by mail, delivery, or electronic means
31 * * *
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1 C. Notwithstanding Paragraph A of this Article, if a pleading or order sets
2 a court date, then service shall be made either by registered or certified mail or as
3 provided in Article 1314, or by actual delivery by a commercial courier, or by
4 emailing the document to the email address designated by counsel or the party.
5 Service by electronic means is complete upon transmission, provided that the sender
6 receives an electronic confirmation of delivery.
7 * * *
8 Comments – 2021
9 Paragraph C of this Article has been amended to allow service of a pleading
10 or order setting a court date by emailing the party or his counsel at a designated
11 email address, provided that the sender receives an electronic confirmation of
12 delivery. See R.S. 9:4845(2). If such confirmation is not received, the sender will
13 need to use one of the other alternative methods of service provided in Paragraph C.
14 Section 2. R.S. 9:2603(B)(2) is hereby amended and reenacted to read as follows:
15 §2603. Scope
16 * * *
17 B. This Chapter shall not apply to:
18 * * *
19 (2) A transaction to the extent it is governed by the provisions of Title 10 of
20 the Louisiana Revised Statutes of 1950, other than R.S. 10:1-107.
21 * * *
22 Section 3. Code of Civil Procedure Article 196 and R.S. 9:2603(B)(4)(a) are hereby
23 repealed in their entirety.
24 Section 4. This Act shall become effective January 1, 2022.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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