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 152 Original 2021 Regular Session Gregory Miller
Abstract: Provides for the continuous revision of the Code of Civil Procedure.
Present law (C.C. Art. 3452) provides that prescription must be pleaded and cannot be supplied by
the courts.
Proposed law retains present law and creates an exception where legislation provides otherwise.
Present law (C.C.P. Art. 80(A)(1) and (2)) set forth the venue for actions involving immovable
property.
Proposed law retains present law but removes an outdated exception that previously allowed a
defendant to convert a personal action into an in rem action by objecting to venue.
Present law (C.C.P. Art. 253.2) provides for the transfer of pending cases and includes an exception
for cases being transferred to effect a consolidation.
Proposed law retains present law and recognizes that consolidations can be effected for purposes
other than trial under proposed law (Article 1561(A)).
Present law (C.C.P. Art. 592) provides the procedure for certification of class actions.
Proposed law retains present law and makes minor semantic changes.
Present law (C.C.P. Art. 592(A)(3)(e)) prohibits the certification of a class after a judgment on the
merits of common issues has been rendered against the party opposing the class.
Proposed law deletes present law.
Present law (C.C.P. Art. 893) provides for the pleading of damages and permits the court to award
attorney fees and costs against the party who filed the petition.
Proposed law retains present law and permits the court to award attorney fees and costs against the
person who signed the petition, the party on whose behalf the petition was filed, or both. Proposed
law also makes minor semantic changes.
Present law (C.C.P. Art. 927(B)) provides that prescription must be pleaded and cannot be supplied by the courts.
Proposed law retains present law and creates an exception where the Code of Civil Procedure
provides otherwise.
Present law (C.C.P. Art. 1352) sets forth a restriction on the issuance of a subpoena when the witness
resides and is employed outside of the parish and more than 25 miles from the courthouse.
Proposed law removes the restriction set forth by present law for purposes of consistency with
proposed law (R.S. 13:3661).
Present law (C.C.P. Art. 1561(A)) provides for the consolidation of actions for trial.
Proposed law retains present law and also provides that actions may be consolidated for other limited
purposes, such as discovery.
Present law (C.C.P. Art. 1702) provides the procedure for the confirmation of a preliminary default
and the rendition of a final default judgment.
Proposed law retains present law and provides that the court may raise an objection of prescription
before entering a final default judgment when the demand is based on an open account, promissory
note, or other negotiable instrument that the plaintiff acquired by assignment.
Present law (C.C.P. Art. 1793(D)) sets forth the circumstances under which the jury may take written
instructions and evidence into the jury room.
Proposed law deletes the requirement under present law that the jury may only take evidence into
the jury room when a physical examination thereof is required to enable the jury to arrive at a
verdict.
Present law (C.C.P. Art. 1795) permits the jury to review certain testimony or other evidence.
Proposed law changes present law by clarifying that the review of the requested testimony shall be
conducted in the courtroom.
Present law (C.C.P. Art. 1918) requires final judgments to be identified as such by appropriate
language.
Proposed law retains present law and also requires final judgments to be signed and dated and to
contain the name of the party in favor of whom relief is awarded, the name of the party against whom
relief is awarded, and the relief that is awarded. Proposed law further provides that a final judgment
that does not satisfy these requirements shall be remanded to the trial court for amendment within
the time period set by the appellate court.
Present law (C.C.P. Art. 1951) permits a final judgment to be amended to alter its phraseology or to correct errors of calculation.
Proposed law retains present law and also permits a final judgment to be amended to correct
deficiencies in decretal language.
Present law (C.C.P. Art. 1974) provides that the delay for applying for a new trial commences to run
on the day after notice of judgment has been mailed or served.
Proposed law clarifies present law by providing that a party may file a motion requesting a new trial
not later than seven days, exclusive of legal holidays, after notice of judgment has been mailed or
served.
Present law (C.C.P. Art. 2088(A)) sets forth the matters over which the trial court retains jurisdiction
while an appeal is pending.
Proposed law adds to present law the right to set attorney fees, to make a certification under Article
1915(B), and to amend a judgment to add proper decretal language.
Present law (C.C.P. Art. 2254(B) and 2721(C)) provides with respect to the wrongful or improper
seizure of a debtor or third party's property.
Proposed law retains present law but removes unnecessary language and updates outdated
cross-references.
Present law (C.C.P. Art. 3943) provides for the delays within which appeals from judgments
awarding custody, visitation, or support must be taken.
Proposed law retains present law and extends its application to judgments awarding, modifying, or
denying custody, visitation, or support.
Present law (C.C.P. Art. 3947(B)) provides for the confirmation of the name of a married woman
in a divorce proceeding.
Proposed law changes present law by using gender neutral terminology.
Present law (C.C.P. Art. 4904) provides the procedure for the rendition of a final default judgment
in parish and city courts.
Proposed law retains present law and provides that the court may raise an objection of prescription
before entering a final default judgment when the demand is based on an open account, promissory
note, or other negotiable instrument that the plaintiff acquired by assignment.
Present law (C.C.P. Art. 4907(B)) provides that when notice of judgment is required, the delay for
applying for a new trial shall commence to run on the day after notice of judgment has been mailed
or served. Proposed law retains present law and clarifies that when notice of judgment is required, a party may
file a motion requesting a new trial not later than seven days, exclusive of legal holidays, after notice
of judgment has been mailed or served.
Present law (C.C.P. Art. 4913(B)(4)) provides that justice of the peace courts have no jurisdiction
over a claim for annulment of marriage, separation from bed and board, divorce, separation of
property, or alimony.
Proposed law changes present law by replacing "alimony" with "spousal support" and adding
custody, visitation, and child support.
Present law (C.C.P. Art. 4921) provides the procedure for the rendition of a final default judgment
in justice of the peace courts.
Proposed law retains present law and provides that the court may raise an objection of prescription
before entering a final default judgment when the demand is based on an open account, promissory
note, or other negotiable instrument that the plaintiff acquired by assignment.
Present law (C.C.P. Art. 5001) provides that appeals from judgments rendered by city and parish
courts shall be taken to the court of appeal, except that in city courts located in the 19th JDC, the
appeal shall be taken to the applicable district court.
Proposed law removes the exception under present law for city courts located in the 19th JDC, such
that appeals from judgments rendered by these courts shall also be taken to the court of appeal.
Present law (R.S. 13:3661) sets forth the fees owed to witnesses who are subpoenaed to attend court
more than 25 miles from where they reside and are employed, including travel expenses to and from
the courthouse at the rate of 20¢ per mile, a witness fee of $25 per day, and hotel and meal expenses
at the rate of $5 per day.
Proposed law removes the 25-mile requirement under present law and increases the fees owed to
witnesses for travel expenses from 20¢ per mile to the rate in effect for state officials and for
attendance from $25 per day to $50 per day. Proposed law also deletes the reimbursement of $5 per
day for hotel and meal expenses, and provides the court with the discretion to increase the amount
paid to witnesses in cases of exceptional hardship.
(Amends C.C. Art. 3452, C.C.P. Arts. 80(A)(1) and (2), 253.2, 592(A)(2) and (3), 893(A)(2), (B),
and (C), 927(B), 1352, 1561(A), 1702(D) and (E), 1793(D), 1795, 1918, 1951, 1974, 2088(A),
2254(B), 2721(C), 3943, 3947(B), 4907(B), 4913(B)(4), and 5001, and R.S. 13:3661; Adds C.C.P.
Arts. 1702(F), 4904(D), and 4921(C))