RÉSUMÉ DIGEST
ACT 174 (HB 164) 2021 Regular Session Robby Carter
Existing law (C.C.P. Art. 253.3(A)(3)) authorizes the duty judge to hear and sign certain
orders and judgments.
New law removes entry of preliminary defaults and confirmation of defaults and adds default
judgments.
Existing law (C.C.P. Arts. 284, 928(A), 1002, 1471(A)(3), 1703, 1843, 1913(B) and (C),
2002(A)(2), 4921.1(C), and 5095) includes references to final default judgments.
New law updates terminology and makes other technical corrections.
Prior law (C.C.P. Art. 1001) required the defendant to file his answer within 15 days after
service of citation and within 10 days after an exception was overruled or referred to the
merits or the amended petition was served.
New law extends the time periods provided under prior law from 15 to 21 days and from 10
to 15 days. New law also provides that if a discovery request is served by the plaintiff with
the petition, the defendant shall have 30 days within which to file his answer.
Existing law (C.C.P. Art. 1702.1) provides for the confirmation of preliminary defaults
without a hearing in open court.
New law updates terminology and cross-references included in existing law and requires the
plaintiff to file a written request for default judgment.
Existing law (C.C.P. Art. 1704) provides for the confirmation of preliminary defaults in suits
against the state or a political subdivision.
New law requires the plaintiff to send notice of his intent to obtain a default judgment before
the court can render a default judgment against the state or its political subdivisions or any
of its instrumentalities. New law also extends the time period within which the answer or
other pleading shall be filed under existing law from 15 to 21 days.
Existing law (R.S. 13:3205(intro. para.)) prohibits the rendition of a preliminary default or
final default judgment under certain circumstances.
New law updates terminology used in existing law.
Existing law (R.S. 13:4990) requires the plaintiff to make a diligent effort to locate all
co-owners of property that is sought to be partitioned upon confirmation of a preliminary
default.
New law updates terminology used in existing law.
Prior law (R.S. 23:1316.1(A)) provided with respect to the confirmation of preliminary
defaults in workers' compensation cases.
New law provides for the rendition of a default judgment in favor of a plaintiff who
establishes a prima facie case when the defendant fails to answer or file other pleadings
within the prescribed time.
New law provides that a default judgment may be rendered against the defendant provided
that the plaintiff provides notice of his intent to obtain a default judgment if required and
unless such notice is waived, pursuant to new law.
New law further requires the plaintiff to provide notice of his intent to obtain a default
judgment against the defendant in certain circumstances at least seven days prior to the
rendition of the default judgment, unless notice is waived.
New law requires that the plaintiff send notice of his intent to obtain a default judgment
against the defendant by certified mail if the defendant is represented by an attorney or
counsel of record.
Prior law required notice to be sent by regular mail to the defendant.
New law changes the requirements as it relates to the method of mailing the notice from
regular mail to certified mail.
Prior law (C.C.P. Art. 1702) provided with respect to the confirmation of preliminary
defaults.
New law provides for the rendition of a default judgment in favor of a plaintiff who
establishes a prima facie case when the defendant fails to answer or file other pleadings
within the prescribed time.
New law provides that a default judgment may be rendered against the defendant provided
that the plaintiff provides notice of his intent to obtain a default judgment if required and
unless such notice is waived, pursuant to new law.
New law further requires the plaintiff to provide notice of his intent to obtain a default
judgment against the defendant in certain circumstances at least seven days prior to the
rendition of the default judgment, unless notice is waived.
New law requires that the plaintiff send notice of his intent to obtain a default judgment
against the defendant by certified mail if the defendant is represented by an attorney or
counsel of record.
New law provides that in all cases involving delictual actions the plaintiff may send notice
of his intent to obtain a default judgment by regular mail at the address where service was
obtained, if the defendant is not represented by an attorney or counsel of record.
New law further provides that in cases involving divorce under C.C. Art. 103(1), when the
defendant files an affidavit waiving citation, service, all delays, and notice, a default
judgment of divorce may be rendered against the defendant two days, exclusive of legal
holidays, after the affidavit is filed.
Existing law (C.C.P. Art. 4904) provides for the rendition of final default judgments in
parish and city courts.
New law updates terminology used in existing law and provides that notice of the signing of
a default judgment shall be given as provided in C.C.P. Art. 1913.
Existing law (C.C.P. Art. 4921) provides for the rendition of final default judgments in
justice of the peace courts and district courts with concurrent jurisdiction.
New law updates terminology used in existing law.
Prior law(C.C.P. Art. 1701) provided with respect to the entry of preliminary defaults.
New law repeals prior law.
Prior law (R.S. 23:1316) provided for the rendition of preliminary defaults in workers'
compensation cases.
New law repeals prior law.
Effective January 1, 2022.
(Amends C.C.P. Arts. 253.3(A)(3), 284, 928(A), 1001, 1002, 1471(A)(3), 1702, 1702.1,
1703, 1704, 1843, 1913(B) and (C), 2002(A)(2), 4904, 4921, 4921.1(C), and 5095, R.S.
13:3205(intro. para.) and 4990, and R.S. 23:1316.1(A); Repeals C.C.P. Art. 1701 and R.S.
23:1316)


Statutes affected:
HB164 Original: 13:3205
HB164 Engrossed: 13:3205
HB164 Reengrossed: 13:3205, 23:1(A)
HB164 Enrolled: 13:3205, 23:1(A)
HB164 Act : 13:3205, 23:1(A)