HB 142 — CIVIL/PROCEDURE: Provides for the continuous revision of the Code of Civil Procedure

The amendments also adopt currentjurisprudentialrulesprovidingcurrentjurisprudential thatrules aproviding stepthat inastepin thetheprosecutionor prosecutiondefenseof oran defenseofan action interrupts the three-year abandonment period and that, after the three-year abandonment period has expired, the defendant may renounce the defense of abandonment.

theabandonmentperiodhastheabandonmentperiod has expired;

no timelysteptimelystepintheprosecutionor intheprosecutionor defense of the action has occurred;

and there has been no written communication pertaining to the action betweenthemoverandanyadversepartyortheirbetweenthemoverandanyadversepartyor their attorneys of recordduringtheyear preceding the expiration of the abandonment period.

(d) Paragraph D of this Article is new and requires the court to either sign a judgment of dismissal ex parte or set the motion to dismiss for a contradictory hearing if the mover's affidavit indicates that pleadings, documents, or judgments have been filed in the recordrecordduringthe duringthree-yearabandonment the three-year abandonment period or that there hasbeenwrittencommunicationpertainingtotheactionbetweenthemoverandany adverse partyor their attorneys of record during the year immediatelyprecedingthe expiration of the abandonment period.

Upon motion bya partyor bythe person from whom discoveryis sought or to whom a subpoena is issued, and for good cause shown, the court in which the actionispendingoralternatively,onmattersrelatingtoadepositionorsubpoena,the Pagecourt 5in the district where the deposition is to be taken or by which the subpoena is issued may make any order which that justice requires to protect a party or person fromannoyance,embarrassment,oppression,orundueburdenorexpense,including one or more of 17the CODING:following:

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142 court in the district where the deposition is to be taken or by which the subpoena is issued may make any order which that justice requires to protect a party or person fromannoyance,embarrassment,oppression,orundueburdenorexpense,including one or more of the following:

If the motion for a protective order or a motion to quash is denied in whole or in part, the court may, on such terms and conditions as are just, order that anyPage party5 orof person14 provideCODING: or permit discovery.

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HB NO.

142 ENROLLED any party or person provide or permit discovery.

The notice must be sent either by electronic means in Pageaccordance 6with the requirements of 17Article CODING:1313(A)(4) or by certified mail.

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142 accordance with the requirements of Article 1313(A)(4) or by certified mail.

In those proceedings in which the sum due is on an open account or a promissorynote, other negotiable instrument, or other conventional obligation, or a deficiency judgment derived therefrom, including those proceedings in which one ormoremortgages,pledges,orothersecurityfortheopenaccount,promissorynote,Page negotiable6 instrument,of conventional14 obligation,CODING: or deficiency judgment derived therefrom is sought to be enforced, maintained, or recognized, or in which the amount sought is that authorized by R.S.

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HB NO.

142 ENROLLED ormoremortgages,pledges,orothersecurityfortheopenaccount,promissorynote, negotiable instrument, conventional obligation, or deficiency judgment derived therefrom is sought to be enforced, maintained, or recognized, or in which the amount sought is that authorized by R.S.

The minute clerk shall make an entry showing the dates of receipt of proof, review of the record, and rendition of the defaultjudgment.Acertifiedcopyofthesigneddefaultjudgmentshallbesenttothe plaintiff bythe clerkclerkofcourt, of court, and notice ofthesigningof the signing of the default judgment shall be given as provided in accordance with Article 1913.

PageB.(1) 7A ofjudgment 17that CODING:does not determine the merits but only preliminary mattersinthecourseoftheactionisaninterlocutoryjudgmentdeterminesthemerits in whole is a final judgment.

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142 B.(1) A judgment that does not determine the merits but only preliminary mattersinthecourseoftheactionisaninterlocutoryjudgmentdeterminesthemerits in whole is a final judgment.

CommentsPage -7 2026of This14 amendmentCODING: seeks to clarify the law.

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HB NO.

142 ENROLLED Comments - 2026 This amendment seeks to clarify the law.

The provisions of this Article do not applyto an interlocutory injunctive order or judgment the certification or denial of a certification of a class action in accordancewith Article 592(A)(3)(c)or appealableordersappealable orders or judgments grantingor denying a preliminary injunction in accordance with Article 3612.

PageA 8partial offinal 17judgment CODING:rendered in accordance with Article 1915(A) is appealable in all causes in which appeals are given by law.

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142 A partial final judgment rendered in accordance with Article 1915(A) is appealable in all causes in which appeals are given by law.

Comments - 2026 The amendment to Paragraph B of this Article clarifies the law and is consistentwiththeamendmentstoconsistentwith theamendmentsto Article1841.

Seealso Articles592(A)(3)(c)and 3612Page for8 examples of instances14 inCODING: which an appeal maybe taken as a matter of right from an interlocutory order or judgment.

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HB NO.

142 ENROLLED 3612 for examples of instances in which an appeal maybe taken as a matter of right from an interlocutory order or judgment.

Within twenty days of the mailing of notice If the parties have not designated the recordonrecord appealpursuanton appeal pursuant to Article 2128, the appellant shall, within twenty days after transmission of the notice of the estimated costs, pay the amount of the estimated costs to the clerk.

The trial court may grant one extension of the period for paying the amount of the Pagerevised 9estimated ofcosts 17for CODING:not more than an additional twenty days upon written motion showing good cause for the extension.

D.

The appellant may question the excessiveness of the estimated costs by filing a written application motion for reduction in the trial court within the first twenty-day time limit, and the if the record has not been designated pursuant to Article 2128, or within twenty days after transmission of the revised notice of estimated costs if the recordhas been designatedpursuant to Article 2128.

The trial courtmayorderreductionoftheestimateuponpropershowing.Ifanapplicationthe motion for reduction has been timely filed, the appellant shall have twenty days to Page 9 of 14 CODING:

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142 revisedENROLLED estimatedpay the costs forbeginning notfrom morethe thandate anof additionalthe twentyaction daysby uponthe writtentrial motioncourt showingon goodapplication causethe motion for thereduction. extension.

The appellant may question the excessiveness of the estimated costs by filing a written application motion for reduction in the trial court within the first twenty-day time limit, and the if the record has not been designated pursuant to Article 2128, or within twenty days after transmission of the revised notice of estimated costs if the recordhas been designated pursuant to Article 2128.

Thetrial courtmayorderreductionoftheestimateuponpropershowing.Ifanapplicationthe motion for reduction has been timely filed, the appellant shall have twenty days to pay the costs beginning from the date of the action by the trial court on application the motion for reduction.

D.

After the preparation of the record on appeal has been completed, the clerk of the trial court shall, as the situation may require, either refund to the appellant the difference between the estimated costs and the actual costs, if the estimated costs exceedtheexceedtheactualcosts,orsenda actualtransmit costs,orsendatransmitnotice noticebycertifiedmailbycertifiedmail to the appellant of the amount of additional costs due, if the actual costs exceed the estimatedcosts.Ifthepaymentofadditionalcostsisrequired,theappellantshallpay the amount of additional costs within twenty days of the mailing after transmission of the notice.

(2) Grant a ten dayten-dayday periodten-dayperiod within which costs must shall be paid in full, in default of which the appeal is dismissed as abandoned.

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142 F.

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142 ENROLLED Art.

determination of content TheformandcontentofTheformandcontentoftherecordon the recordon appeal shall beinbe in accordancewith the rules of the appellate court, except as provided in the constitution Constitution of LouisianaandLouisianaandasprovidedin asArticle provided2128.1. in Article2128.1.

In such those cases, the clerk shall prepare the record on appeal as so directed, but a party or the trial court may cause to be filed thereafter anyomitted portion of the recordasrecord as a supplemental record.

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142 Art.

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142 ENROLLED Art.

PageComments 12- 2026 This amendment permits the clerk of 17the CODING:court of appeal to assign writs and appeals in accordance with procedures that were commonly used prior to the 2018 amendment of this Section, thus preventing duplicative adjudication of identical issues derived from the same action.

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HLS 26RS-803 REENGROSSED HB NO.

142 Comments - 2026 This amendment permits the clerk of the court of appeal to assign writs and appeals in accordance with procedures that were commonly used prior to the 2018 amendment of this Section, thus preventing duplicative adjudication of identical issues derived from the same action.

B.Page 12 of 14 CODING:

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142 ENROLLED B.

13:5206(A), Subsection A of this SectionandfileanaffidavitthatthereconventionaldemandisSectionandfileanaffidavitthatthereconventionaldemandisinexcessofthreefive inexcessofthreefive thousanddollarswiththejudgeofthesmallclaimsdivisioninwhichtheplaintiffhas commenced the small claims action.

The judge of the small claims division shall order that the small claims division action be transferredto the ordinarydocket of the court set forth in said the affidavit, and he shall transmit to such that court, (if it is other than the court of the Pagesmall 13claims division), copies of 17the CODING:citation and any pleadings in the small claims action, and the.

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142 small claims division), copies of the citation and any pleadings in the small claims action, and the.

SectionPage 5.13 of 14 CODING:

The provisions of Code of Civil Procedure Article 561 as amended by Section 1 of this Act shall have prospective application only and shall apply to motions to dismiss based on abandonment filed on or after the effective date of this Act.

DIGEST ThedigestprintedbelowwaspreparedbyHouseLegislativeServices.

It constitutes nopart 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 142 Reengrossed 2026 Regular Session Muscarello Abstract:

Provides for continuous revisions relative to civil procedure with respect to abandonment of actions, matters on appeal, default judgments, and certain costs.

Presentlaw(C.C.P.

Art.561)providesfortheabandonmentofanactionin trialorappellate court.

Proposed law retains present lawand requiresa more detailed affidavit to be attachedto the ex parte motion to dismiss based on abandonment, requires the court to sign an ex parte judgment of dismissal without prejudice if the mover's affidavit attests to the provisions of proposed law, and requires the court to either sign a judgment of dismissal ex parte or set themotiontodismissforacontradictoryhearingifthemover'saffidavitindicatestherewere Page 14 of 17 CODING:

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142 stepsENROLLED inSection the5. furthering of a prosecution or defense of an action prior to the abandonment period expiring pursuant to proposed law.

ProposedThe lawprovisions alsoof establishesCode thatof theCivil burdenProcedure ofArticle proof561 atas aamended hearingby onSection a1 motionof tothis setAct asideshall ahave dismissalprospective restsapplication upononly theand movershall ofapply theto initialmotions motion to dismiss based on abandonment.abandonment filed on or after the effective date of this Act.

PresentSPEAKER lawOF (C.C.P.THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

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1425(F)(5)) provides that a ruling allowing or excluding an expert or an expert's report due to the expert's lack of qualifications or use of unreliable methodologies is subject to appellate review.

Proposed law repeals present law.

Present law (C.C.P.

Art.

1426) provides for protective orders.

Proposed law retains present law but adds that the court may grant a motion to quash in whole or in part with respect to a subpoena.

Present law (C.C.P.

Art.

1572) provides for written request for notice of trial.

Proposed law changes present law by removing the requirement that to receive notice of trial, a party must submit a written request.

Proposed law further requires the clerk of court to send notice to attorneys and self-represented parties and permits the notice to be sent byelectronic means.

Proposed law further requires that waiver of notice be in writingor on the record.

Present law (C.C.P.

Art.

1702(C)) provides for default judgments.

Proposed law generally retains present law but requires that before the default judgment is signed,theclerkofcourtcertifiesthereisnoanswerorotherpleadingfiledbythedefendant.

Present law (C.C.P.

Art.

1841) provides for interlocutoryand final judgments.

Proposed law retains present law but clarifies that a judgment that determines the merits in part may be a partial final judgment or an interlocutory judgment.

Present law (C.C.P.

Art.

1914(E)) provides for interlocutoryjudgments.

Proposed law clarifies present law and provides that present law does not apply to the certification or denial of a certification of a class action or appealable orders or judgments granting or denying a preliminary injunction.

Present law (C.C.P.

Art.

2083) provides for appealable judgments.

Proposed law retains present law but adds that a partial final judgment is appealable only when expressly provided by law.

Present law (C.C.P.

Art.

2126) provides for the payment of costs in appellate proceedings.

Proposed law defines "transmit" and requires that if the parties have not designated the record on appeal pursuant to present law, the clerk shall transmit a revised notice of the estimated costs to the appellant and appellee.

The appellant is then required to pay the amount of the estimated costs to the clerk within 20 days after transmission of the revised notice of estimated costs.

Proposedlawalsoauthorizesthetrialcourtto grantoneextension forgoodcauseshownfor paying the amount of the revised estimated costs for not more than an additional 20 days.

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142 Presentlaw(C.C.P.

Art.

2128) provides for the time delays for transmitting a writtennotice to the trial court for an appealable record.

Proposed law increases the time for an appellant to designate, in a written notice filed with the trial court, the portion of record appellant to be included in the appeal from three days to 10 days.

Proposed law also increases the time for an appellee to designate, in a written notice filed with the trial court, portions of the record the appellee considers necessary from five days to 14 days.

Present law (C.C.P.

Art.

2166) provides for the transmission of a notice in a court of appeal judgment rehearing.

Proposed law removes facsimile as a method of transmitting the notice as authorized by present law.

Presentlaw(C.C.P.

Art.2167)provides for transmission ofanoticein aLa.SupremeCourt judgment rehearing.

Proposed law removes facsimile as a method of transmitting the notice as authorized by present law.

Present law (C.C.P.

Art.

4922) provides for notice of judgment.

Proposed law clarifies present law and provides that notice of the signing of any final judgment may be given pursuant to present law (C.C.P.

Art.

1913), including delivery in open court.

Present law (R.S.

13:319) provides for the assignment and allotment of cases.

Proposed law retains present law but adds that absent good cause, writs and appeals arising from contemporaneously rendered orders or judgments in the same action or consolidated cases shall be heard bythe same randomly assigned panel.

Present law (R.S.

13:5206) provides that the jurisdictional limit of a defendant's reconventional demand in a small claims action is $3,000.

Proposed law changes present law to provide that the jurisdictional limit of a defendant's reconventional demand in a small claims action is $5,000.

Proposed law provides for applicability.

(Amends C.C.P.

Arts.

561, 1426(A)(intro.

para.), (B), and (C), 1572, 1702(C), 1841, 1914(E),2083(B),2126,2128,2166(F),2167(D),and4922andR.S.13:319and5206;Adds C.C.P.

Art.

2083(D);

Repeals C.C.P.

Art.

1425(F)(5)) Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Civil Law and Procedure to the original bill:

1.

Make technical changes.

2.

Increase the time for an appellant to designate, in a written notice filed with the trial court, the portion of record to be included in the appeal from three days to days.

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142 3.

Increase the time for an appellee to designate, in a written notice filed with the trialcourt,portionsoftherecordtheappelleeconsidersnecessaryfromfivedays to 14 days.

4.

Requiretheappellanttopaytheamountoftheestimatedcoststotheclerkwithin days after transmission of the revised notice of estimated costs if the parties have not designated the record on appeal and permits extension of payment for not more than 20 days for good cause.

5.

Remove facsimile as a method in transmitting a notice for a rehearing in an appellate or La.

Supreme Court judgment rehearing.

6.

Provide for applicability.

7.

Require certain provisions of proposed law to have prospective application.

The House Floor Amendments to the engrossed bill:

1.

Make technical corrections.

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