This bill amends various provisions of the Louisiana Civil Code and Code of Civil Procedure to improve civil procedures, particularly regarding the interruption of prescription, sanctions, child custody proceedings, attorney conduct, and interdict handling. A significant change is the amendment of Civil Code Article 3462, which clarifies that filing an action in a competent court interrupts the prescriptive period, even if the venue is improper. It also introduces a seven-day suspension of prescription for defendants not served within the prescriptive period when an action is commenced in an improper venue. Other amendments include modifications to Article 863(F) to prevent sanctions for original petitions filed near the prescriptive date that are later dismissed or transferred, and the enactment of Article 1915(D) to clarify attorney responsibilities regarding evidence authenticity.
Additionally, the bill revises procedures related to pretrial orders and default judgments, emphasizing the necessity of proper notice to defendants before such judgments can be rendered. It outlines acceptable notice methods and requires proof of notice. The bill also clarifies the process for motions for judgment notwithstanding the verdict and mandates that all judgments be documented in writing and signed by the court. Furthermore, it specifies notification requirements for sale dates and the process for transferring actions to district courts, including stipulations regarding jury trials. The bill clarifies the computation of time for legal deadlines and repeals specific articles of the Code of Civil Procedure, ensuring that the amendments do not apply to actions that have already prescribed or to appeals filed prior to the effective date of the Act.
Statutes affected: HB178 Original: 9:863(F)
HB178 Engrossed: 9:863(F)
HB178 Enrolled: 9:863(F)
HB178 Act 250: 9:863(F)