HLS 24RS-1982 ENGROSSED
2024 Regular Session
HOUSE BILL NO. 803
BY REPRESENTATIVE MUSCARELLO
(On Recommendation of the Louisiana State Law Institute)
CIVIL/PROCEDURE: Provides relative to interruption of prescription and venue
1 AN ACT
2To amend and reenact Civil Code Article 3462 and Code of Civil Procedure Article 863(F),
3 relative to prescription; to provide for the interruption of prescription; to provide for
4 the imposition of sanctions; to provide for comments; and to provide for related
5 matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. Civil Code Article 3462 is hereby amended and reenacted to read as
8follows:
9 Art. 3462. Interruption by filing of suit action or by service of process
10 Prescription Unless otherwise expressly provided by legislation, prescription
11 is interrupted when the owner commences action against the possessor, or when the
12 obligee commences action against the obligor, an action is commenced in a court of
13 competent jurisdiction and venue. If an action is commenced in an incompetent
14 court, or in an improper venue, a court without competent jurisdiction, prescription
15 is interrupted only as to a defendant served by process within the prescriptive period.
16 Revision Comments - 2024
17 This amendment changes the law. The filing of an action in a court of
18 competent jurisdiction will interrupt the prescriptive period even if venue is
19 improper. There are, however, numerous more specific statutes that still require an
20 action to be filed in a court of both competent jurisdiction and proper venue in order
21 to interrupt prescription, including R.S. 9:5604 (professional accounting liability),
22 5605 (legal malpractice), 5606 (professional insurance agent liability), 5607
23 (professional engineer, surveyor, interior designer, architect, and real estate
24 developer liability), and 5608 (action against home inspectors).
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-1982 ENGROSSED
HB NO. 803
1 Section 2. Code of Civil Procedure Article 863(F) is hereby amended and reenacted
2to read as follows:
3 Art. 863. Signing of pleadings; effect
4 * * *
5 F. A sanction authorized in Paragraph D of this Article shall not be imposed
6 with respect to an original petition which that is filed within sixty days of an
7 applicable prescriptive date and then voluntarily dismissed or transferred to a court
8 of proper venue within ninety days after its filing or on the date of a hearing on the
9 pleading, whichever is earlier.
10 * * *
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 803 Engrossed 2024 Regular Session Muscarello
Abstract: Provides with respect to interruption of prescription.
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 proper venue.
Present law (C.C.P. Art. 863(F)) provides for the imposition of sanctions.
Proposed law retains present law but 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.
(Amends C.C. Art. 3462 and C.C.P. Art. 863(F))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.