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)]
CONFERENCE COMMITTEE REP ORT DIGEST
HB 803 2024 Regular Session Muscarello
Keyword and oneliner of the instrument as it left the House
CIVIL/PROCEDURE: Provides relative to interruption of prescription and venue
Report adopts Senate amendments to:
1. Provide an effective date that renders provisions of proposed law without effect if House Bill
No. 315 of the 2024 Regular Session is enacted and becomes effective.
Report amends the bill to:
1. Repeal Section 1 of House Bill No. 88 of the 2024 Regular Session.
2. Provide for a determination of venue for a foreign entity in certain circumstances.
3. Provide an effective date for the Act that originated as Senate Bill No. 246 of the 2024
Regular Session.
Digest of the bill as proposed by the Conference Committee
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. 42(5)) provides that actions against a foreign corporation or a foreign
limited liability company not licensed to do business in the state, or a nonresident who has not
appointed an agent for the service of process in the manner provided by law, other than a foreign or
alien insurer, shall be brought in the parish of the plaintiff's domicile or in a parish where the process
may be, and subsequently is, served on the defendant Proposed law removes the distinction for foreign or alien insurers in present law and provides that
actions against a foreign corporation or a foreign limited liability company not licensed to do
business in the state, or a nonresident who has not appointed an agent for the service of process in
the manner provided by law, shall not be brought in the parish of the plaintiff's domicile or parish
where service may be made and is subsequently made on the defendant when service is made
pursuant to R.S. 22:335.
Present law (C.C.P. Art. 42(6)) provides that a nonresident, other than a foreign corporation or a
foreign or alien insurer, who has appointed an agent for the service of process in the manner
provided by law, shall be brought in the parish of the designated post office address of an agent for
the service of process.
Proposed law removes the distinction for foreign or alien insurers in present law.
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.
Proposed law provides that if House Bill No. 315 of the 2024 Regular Session is enacted and
becomes effective that the provisions of proposed law shall have no effect.
Proposed law repeals Section 1 of House Bill No. 88 of the 2024 Regular Session.
Proposed law provides an effective date for the Act that originated as Senate Bill No. 246 of the
2024 Regular Session.
(Amends C.C. Art. 3462 and C.C.P. Arts. 42(5) and (6) and 863(F); Repeals Section 1 of House Bill
No. 88 of the 2024 Regular Session)