RÉSUMÉ DIGEST
ACT 7 (HB 7) 2023 Regular Session Muscarello
Existing law (C.C.P. Art. 1702) provides for default judgments. Existing 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.
Existing law provides for default judgments for demands for divorce pursuant to C.C. Art.
103(1) and (5).
Existing 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.
Existing 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.
New law provides that the notice requirements in existing law (C.C.P. Art. 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).
Effective August 1, 2023.
(Adds C.C.P. Art. 1702(F)(3))