SSHB164 4143 3672
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 164 2021 Regular Session Robby Carter
JUDGMENTS: Provides relative to default judgments
Synopsis of Senate Amendments
1.Requires notice of intent to obtain a default judgment be sent seven days prior
to a default judgment being rendered.
2.Removes the requirement in workers' compensation cases that notice of intent
to obtain a default judgment be sent by regular mail to a party who fails to
answer and has not made an appearance of record in the case.
3.Changes provisions related to mailing of notice of intent to seek a default
judgment for delictual actions.
4.Makes technical changes.
Digest of Bill as Finally Passed by Senate
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
Page 1 of 3 SSHB164 4143 3672
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 provides that a default judgement may be rendered against the defendant
provided that the plaintiff provides notice of his intent to obtain a default judgement if
required and unless such notice is waived, pursuant to proposed law.
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 requires that the plaintiff send notice of his intent to obtain a default judgement
against the defendant by certified mail if the defendant is represented by an attorney or
counsel of record.
Present law requires notice to be sent by regular mail to the defendant.
Proposed law changes the requirements as it relates to the method of mailing the notice from
regular mail to certified mail.
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 provides that a default judgement may be rendered against the defendant
provided that the plaintiff provides notice of his intent to obtain a default judgement if
required and unless such notice is waived, pursuant to proposed law.
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 requires that the plaintiff send notice of his intent to obtain a default judgement
against the defendant by certified mail if the defendant is represented by an attorney or
counsel of record.
Proposed law provides that in all cases involving delictual actions the plaintiff may send
notice of his intent to obtain a default judgment by regular mail at the address where service
was obtained, if the defendant is not represented by an attorney or counsel of record.
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
Page 2 of 3 SSHB164 4143 3672
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 C.C.P. 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.
Proposed law is contingent upon HB No. 152 being enacted.
(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)
Page 3 of 3