This bill proposes amendments to the Louisiana Civil Code and Code of Civil Procedure, aiming to improve civil procedures related to prescription interruption, sanctions, child custody, 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. Additionally, it introduces a seven-day suspension of prescription for defendants not served within the prescriptive period when an action is initiated in a competent court but in an improper venue. Other notable revisions 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.

The bill also addresses pretrial orders, default judgments, and mortgage enforcement, specifying that a court's pretrial order will control the action unless modified to prevent manifest injustice. It allows courts to impose sanctions on attorneys who fail to comply with pretrial orders or are unprepared for conferences. Furthermore, it revises default judgment requirements, mandating proof of notice through specific methods and ensuring judgments are documented and signed. The bill also updates the notification process for sale dates, the transfer of actions to district courts, and the computation of time for legal deadlines, while repealing certain provisions of the Code of Civil Procedure. Importantly, the amendments will not apply to actions that have already prescribed or to appeals filed before the Act's effective date.

Statutes affected:
HB178 Original: 9:863(F)
HB178 Engrossed: 9:863(F)
HB178 Enrolled: 9:863(F)
HB178 Act 250: 9:863(F)