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 227 Original 2024 Regular Session Muscarello
Abstract: Provides for continuous revisions relative to civil procedure.
Present law (C.C. Art. 3462) provides that prescription is interrupted when an action is commenced
in a court of competent jurisdiction and venue.
Proposed law retains present law but removes the requirement of venue.
Present law (C.C.P. Art. 863) provides for the signing of pleadings and the imposition of sanctions.
Proposed law retains present law but adds that a party or attorney may sign a pleading by electronic
signature in accordance with Article 253. Proposed law further provides that sanctions shall not be
imposed with respect to an original petition that is filed within 60 days of an applicable prescriptive
date and then transferred to a court of proper venue.
Present law (C.C.P. Art. 1425) provides that any party may file a motion for a pretrial hearing to
determine whether a witness qualifies as an expert or whether the methodologies employed are
reliable under the Code of Evidence.
Proposed law changes present law by requiring a party seeking to challenge whether a witness
qualifies as an expert or whether the methodologies employed are reliable under the Code of
Evidence to file a motion for a pretrial hearing.
Present law (C.C.P. Art. 1436.1) provides for depositions by telephone.
Proposed law retains present law but makes minor semantic changes.
Present law (C.C.P. Art. 2163) provides that if the ground for the peremptory exception pleaded in
the appellate court is prescription, the plaintiff may demand that the case be remanded to the trial
court for trial of the exception.
Proposed law retains present law but adds peremption in addition to prescription.
Present law (C.C.P. Art. 2298) sets forth the procedure for injunctions prohibiting sales.
Proposed law retains present law but makes minor semantic changes. Present law (C.C.P. Art. 3136) provides for the descriptive list of property in lieu of inventory.
Proposed law retains present law but removes an outdated reference relative to the Department of
Revenue.
Present law (C.C.P. Art. 3335) provides that in the case of a final account, service may be made in
accordance with Article 1314 or by certified mail on either a resident or a nonresident.
Proposed law retains present law but adds that service may be made on either a resident or a
nonresident by use of a commercial courier that requires a signed receipt from the addressee upon
completion of delivery.
(Amends C.C. Art. 3462 and C.C.P. Arts. 863(A) and (F), 1425(F)(1) and (2), 1436.1, 2163, 2298,
3136, and 3335)