HLS 23RS-127 ENGROSSED
2023 Regular Session
HOUSE BILL NO. 7
BY REPRESENTATIVE MUSCARELLO
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CIVIL/PROCEDURE: Provides relative to default judgments
1 AN ACT
2To enact Code of Civil Procedure Article 1702(F)(3), relative to confirmation of default
3 judgments; to provide relative to divorce; to provide relative to notice to a defendant;
4 and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. Code of Civil Procedure Article 1702(F)(3) is hereby enacted to read as
7follows:
8 Art. 1702. Default judgment
9 * * *
10 F.
11 * * *
12 (3) The notice requirements contained in Paragraph A of this Article shall
13 not apply when the plaintiff intends to obtain a default judgment for a demand for
14 divorce as provided by this Paragraph.
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 7 Engrossed 2023 Regular Session Muscarello
Abstract: Provides that certain notice requirements for default judgments do not apply
when the plaintiff intends to obtain a default judgment for divorce.
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-127 ENGROSSED
HB NO. 7
Present law (C.C.P. Art. 1702) provides for default judgments. Present law provides that
the plaintiff shall provide notice of intent to obtain a default judgment to the defendant in
the following circumstances:
(1)If the defendant in the principal or incidental demand fails to file an answer or other
pleadings within the prescribed time and the plaintiff establishes a prima facie case.
(2)If a party who fails to answer has made an appearance of record in the case.
(3)If an attorney for a party who fails to answer has contacted the plaintiff or plaintiff's
attorney concerning the action after it has been filed.
(4)In delictual actions, to an unrepresented defendant who has not made an appearance.
Present law provides for default judgments for demands for divorce pursuant to C.C. Art.
103(1) and (5).
Present law (C.C. Art. 103(1)) provides for divorce for spouses that have been living
separate and apart continuously for the requisite period of time or more on the date the
petition is filed.
Present law (C.C. Art. 103(5)) provides for divorce after a protective order or injunction was
issued during the marriage against the other spouse to protect the spouse seeking the divorce
or a child of one of the spouses from abuse.
Proposed law provides that the notice requirements in present law (C.C.P. 1702) shall not
be required when the plaintiff intends to obtain a default judgment for divorce under C.C.
Art. 103(1) or 103(5).
(Adds C.C.P. Art. 1702(F)(3))
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.