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 164 Reengrossed 2021 Regular Session Robby Carter
Abstract: Provides for the elimination of preliminary defaults.
Present law (C.C.P. Art. 253.3(A)(3)) authorizes the duty judge to hear and sign certain orders and
judgments.
Proposed law retains present law but removes entry of preliminary defaults and confirmation of
defaults and adds default judgments.
Present law (C.C.P. Arts. 284, 928(A), 1002, 1471(A)(3), 1703, 1843, 1913(B) and (C), 2002(A)(2),
4921.1(C), and 5095) includes references to final default judgments.
Proposed law retains present law but updates terminology and makes other technical corrections.
Present law (C.C.P. Art. 1001) requires the defendant to file his answer within 15 days after service
of citation and within 10 days after an exception is overruled or referred to the merits or the amended
petition is served.
Proposed law extends the time periods provided under present law from 15 to 21 days and from 10
to 15 days. Proposed law also provides that if a discovery request is served by the plaintiff with the
petition, the defendant shall have 30 days within which to file his answer.
Present law (C.C.P. Art. 1702.1) provides for the confirmation of preliminary defaults without a
hearing in open court.
Proposed law updates terminology and cross-references included in present law and requires the
plaintiff to file a written request for default judgment.
Present law (C.C.P. Art. 1704) provides for the confirmation of preliminary defaults in suits against
the state or a political subdivision.
Proposed law requires the plaintiff to send notice of his intent to obtain a default judgment before
the court can render a default judgment against the state or its political subdivisions or any of its
instrumentalities. Proposed law also extends the time period within which the answer or other
pleading shall be filed under present law from 15 to 21 days.
Present law (R.S. 13:3205(intro. para.)) prohibits the rendition of a preliminary default or final default judgment under certain circumstances.
Proposed law updates terminology used in present law.
Present law (R.S. 13:4990) requires the plaintiff to make a diligent effort to locate all co-owners of
property that is sought to be partitioned upon confirmation of a preliminary default.
Proposed law updates terminology used in present law.
Present law (R.S. 23:1316.1(A)) provides with respect to the confirmation of preliminary defaults
in workers' compensation cases.
Proposed law provides for the rendition of a default judgment in favor of a plaintiff who establishes
a prima facie case when the defendant fails to answer or file other pleadings within the prescribed
time.
Proposed law further requires the plaintiff to provide notice of his intent to obtain a default judgment
against the defendant in certain circumstances at least seven days prior to the rendition of the default
judgment, unless notice is waived.
Proposed law provides that plaintiff may send notice of intent to obtain a default judgment by regular
mail at the address where service was obtained.
Present law (C.C.P. Art. 1702) provides with respect to the confirmation of preliminary defaults.
Proposed law provides for the rendition of a default judgment in favor of a plaintiff who establishes
a prima facie case when the defendant fails to answer or file other pleadings within the prescribed
time.
Proposed law further requires the plaintiff to provide notice of his intent to obtain a default judgment
against the defendant in certain circumstances at least seven days prior to the rendition of the default
judgment, unless notice is waived.
Proposed law provides that plaintiff may send notice of intent to obtain a default judgment by regular
mail at the address where service was obtained.
Proposed law further provides that in cases involving divorce under C.C. Art. 103(1), when the
defendant files an affidavit waiving citation, service, all delays, and notice, a default judgment of
divorce may be rendered against the defendant two days, exclusive of legal holidays, after the
affidavit is filed.
Present law (C.C.P. Art. 4904) provides for the rendition of final default judgments in parish and city
courts.
Proposed law updates terminology used in present law and provides that notice of the signing of a default judgment shall be given as provided in Art. 1913.
Present law (C.C.P. Art. 4921) provides for the rendition of final default judgments in justice of the
peace courts and district courts with concurrent jurisdiction.
Proposed law updates terminology used in present law.
Present law (C.C.P. Art. 1701) provides with respect to the entry of preliminary defaults.
Proposed law repeals present law.
Present law (R.S. 23:1316) provides for the rendition of preliminary defaults in workers'
compensation cases.
Proposed law repeals present law.
(Amends C.C.P. Arts. 253.3(A)(3), 284, 928(A), 1001, 1002, 1471(A)(3), 1702, 1702.1, 1703, 1704,
1843, 1913(B) and (C), 2002(A)(2), 4904, 4921, 4921.1(C), and 5095, R.S. 13:3205(intro. para.) and
4990, and R.S. 23:1316.1(A); Repeals C.C.P. Art. 1701 and R.S. 23:1316)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and Procedure to the
original bill:
1. With respect to default judgments in parish and city courts, specify that the plaintiff must
establish a prima facie case by competent and admissible evidence.
2. Make technical changes.
The House Floor Amendments to the engrossed bill:
1. Require the plaintiff to send notice of intent to obtain a default judgment by regular mail
to the party who fails to answer at the address where service was obtained.
2. Provide that default judgment may be rendered seven days after notice of intent to obtain
a default judgment is sent.
3. Make technical changes.