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 178 Original 2025 Regular Session Mike Johnson
Abstract: Provides for the continuous revision of the Code of 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(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.
Present law (C.C.P. Art. 74.2 (E)) provides for custody proceedings.
Proposed law retains present law but makes minor semantic changes.
Present law (C.C.P. Art. 74.2(F)) provides for motions made prior to Dec. 31, 2007.
Proposed law repeals outdated present law.
Present law (C.C.P. Art. 371) provides for attorney conduct.
Proposed law retains present law but adds that an attorney shall exercise reasonable diligence with
respect to the authentication of evidence that may be false or artificially manipulated. Proposed law
also makes minor semantic changes.
Present law (C.C.P. Art. 684) provides that a mental incompetent does not have the procedural
capacity to sue.
Proposed law changes present law by providing that a person fully interdicted or a person whose
limited interdiction specifically restricts the procedural capacity to sue does not have the procedural
capacity to sue.
Present law (C.C.P. Art. 927(A)(5)) provides that the objection of no cause of action may be raised
through the peremptory exception. Proposed law retains present law but specifically includes objections of no cause of action in part.
Present law (C.C.P. Art. 966(B)(5)) provides for summary judgment procedure.
Proposed law retains present law but removes a reference to Art. 1915(B)(2).
Present law (C.C.P. Art. 1201(C)) sets forth that a defendant may waive service of citation unless
the defendant files a declinatory exception of insufficiency of service of process specifically alleging
the failure to timely request service of citation.
Proposed law retains present law but adds that a defendant may also file a contradictory motion in
accordance with Art. 1672(C).
Present law (C.C.P. Art. 1313(A)(4)) provides for service by electronic means.
Proposed law retains present law but adds that if service cannot be effected electronically, service
may be effected by mail or delivery.
Present law (C.C.P. Art. 1351) provides for the issuance of a subpoena.
Proposed law clarifies present law and sets forth that the clerk of the court in which the action is
pending, at the request of the court or a party, shall issue subpoenas.
Present law (C.C.P. Art. 1551) provides for pretrial and scheduling conferences and orders.
Proposed law clarifies present law, further provides for the setting of deadlines for pretrial motions
relative to the authenticity and admissibility of purportedly false evidence, and makes minor
semantic changes.
Proposed law also adds a requirement that a court shall conduct a pretrial or scheduling conference
to establish deadlines in all actions in which a party intends to file the affidavit of an expert in a
summary judgment proceeding or call upon an expert to serve as a witness at a hearing or trial.
Present law (C.C.P. Art. 1702(A)(5)) provides for proof of the required notice to render a default
judgment.
Proposed law clarifies present law and sets forth the manner in which proof of the required notice
may be made.
Present law (C.C.P. Art. 1811(A)) sets forth that a party may move for a judgment notwithstanding
the verdict not less than seven days after the clerk has mailed the notice of judgment.
Proposed law retains present law but adds that the notice may be delivered in open court.
Present law (C.C.P. Art. 1911(B)) sets forth the requirements to take an appeal from a final judgment.
Proposed law changes present law by providing that no appeal shall be taken from a final judgment
until the judgment has been signed by the judge. Proposed law also removes references to Art.
1915(A) and (B).
Present law (C.C.P. Art. 1913(A)) provides that notice of the signing of a final judgment is required
and shall be mailed by the clerk.
Proposed law retains present law but adds that notice of the signing of a final judgment may be
delivered in open court. Proposed law further adds that delivery of the signed judgment in open
court shall constitute notice of judgment and shall be documented in the record of the proceeding.
Present law (C.C.P. Art. 1913(C)) provides that notice of the signing of a default judgment shall be
mailed by the clerk to the defendant at the address where personal service was obtained or to the last
known address of the defendant.
Proposed law retains present law and makes minor semantic changes.
Present law (C.C.P. Art. 1913(D)) provides that the clerk shall file a certificate in the record showing
the date on which notice of the signing of the judgment was mailed
Proposed law retains present law but adds that the clerk shall file the certificate for notice delivered
in open court.
Present law (C.C.P. Art. 1914(B) and (D)) provides for notice of interlocutory judgments.
Proposed law retains present law, adds that a judgment granted or an exception sustained in
accordance with Article 1915(C) shall be reduced to writing, and makes minor semantic changes.
Proposed law further adds that delivery of the signed judgment in open court shall constitute notice
of judgment and shall be documented in the record of the proceeding.
Present law (C.C.P. Art. 1915) provides for judgments that may not adjudicate all of the issues in
the case.
Proposed law changes present law by removing that a judgment may be designated as final by the
court after an express determination that there is no just reason for delay. Proposed law adds that
when a court grants a judgment, or sustains an exception in part, that judgment is an interlocutory
judgment.
Proposed law further adds a requirement that all judgments rendered in accordance with proposed
law shall be reduced to writing and signed by the court. Proposed law also makes minor semantic
changes, applies prospectively only, and does not apply to appeals and supervisory writs filed prior
to the effective date. Present law (C.C.P. Art. 1974) provides that a party may file a motion for new trial after the clerk
has mailed the notice of judgment as required by Art. 1913.
Proposed law retains present law but adds that a party may file a motion for new trial after the clerk
has delivered in open court the notice of judgment.
Present law (C.C.P. Art. 2088(A)(11) and (12)) sets forth that the jurisdiction of a trial court in
matters not reviewable under appeal includes certification of a partial judgment or partial summary
judgment in accordance with Art. 1915(B) and amendment of a judgment to provide proper decretal
language.
Proposed law changes present law by removing from the jurisdiction of the trial court certification
of a partial judgment or partial summary judgment in accordance with Art. 1915(B).
Present law (C.C.P. Art. 2595) provides that, upon reasonable notice, a summary proceeding may
be tried in open court or in chambers, in term or in vacation.
Proposed law removes from present law outdated provisions as to where a summary proceeding may
be tried.
Present law (C.C.P. Art. 4607) provides that all counsel of record, including curators, shall be given
notice of the sale date.
Proposed law retains present law and makes minor semantic changes.
Present law (C.C.P. Art. 4873) provides for transfers to district court.
Proposed law retains present law but adds that a plaintiff may oppose the transfer only if the plaintiff
stipulates that the action does not exceed ten thousand dollars exclusive of interest and costs.
Present law (C.C.P. Art. 5059) provides that in computing a period of time, the date of the act after
which the period begins to run is included.
Proposed law changes present law by providing that in computing a period of time, the date of the
act from which the period begins to run is included. Proposed law also provides for the definition
of "next day" to mean the subsequent calendar day that is not a legal holiday following a legal
holiday and makes minor semantic changes.
(Amends C.C. Art. 3462 and C.C.P. Arts. 74.2(E), 371, 684, 863(F), 927(A)(5), 966(B)(5), 1201(C),
1313(A)(4), 1351, 1551, 1702(A)(5), 1811(A)(1), 1911(B), 1913(A), (C), and (D), 1914(B) and (D),
1915(A)(1), (4), and (5), (B), and (C), 1974, 2088(A)(11), 2595, 4607, 4873, and 5059; Adds C.C.P.
Art. 1915(D); Repeals C.C.P. Arts. 74.2(F), 2088(A)(12), and 3784)