Recent Bills
- H.R. 10171August 27, 2026
- H.R. 10156August 27, 2026
- H.R. 10172August 27, 2026
- H.R. 10160August 27, 2026
- H.R. 10181August 27, 2026
- H.R. 10176August 27, 2026
- H.Res. 1496August 27, 2026
- H.R. 10164August 27, 2026
- H.R. 10170August 27, 2026
- H.Res. 1494August 27, 2026
- H.R. 10163August 27, 2026
- H.R. 10157August 27, 2026
Committees
- AdministrationU.S. House
- AgricultureU.S. House
- Agriculture, Nutrition, And ForestryU.S. House
- AppropriationsU.S. House
- Armed ServicesU.S. House
- Banking, Housing, And Urban AffairsU.S. House
- BudgetU.S. House
- Commerce, Science, And TransportationU.S. House
- Education and WorkforceU.S. House
- Energy And CommerceU.S. House
- Energy And Natural ResourcesU.S. House
- Environment And Public WorksU.S. House
- EthicsU.S. House
- FinanceU.S. House
- Financial ServicesU.S. House
- Foreign AffairsU.S. House
- Foreign RelationsU.S. House
- Health, Education, Labor, And PensionsU.S. House
- Homeland SecurityU.S. House
- Homeland Security And Governmental Affa…U.S. House
- Indian AffairsU.S. House
- Indian and Insular AffairsU.S. House
- IntelligenceU.S. House
- JudiciaryU.S. House
- Natural ResourcesU.S. House
- Oversight And Government ReformU.S. House
- Permanent Select IntelligenceU.S. House
- RulesU.S. House
- Rules And AdministrationU.S. House
- Science, Space, And TechnologyU.S. House
- Select IntelligenceU.S. Senate
- Small BusinessU.S. House
- Small Business And EntrepreneurshipU.S. House
- Subcommittee on AviationU.S. House
- Subcommittee on Border Security and Enf…U.S. House
- Subcommittee on Coast Guard and Maritim…U.S. House
- Subcommittee on Commodity Markets, Digi…U.S. House
- Subcommittee on Conservation, Research,…U.S. House
- Subcommittee on Counterterrorism and In…U.S. House
- Subcommittee on Cybersecurity and Infra…U.S. House
- Subcommittee on Disability Assistance a…U.S. House
- Subcommittee on Economic Development, P…U.S. House
- Subcommittee on Economic OpportunityU.S. House
- Subcommittee on Emergency Management an…U.S. House
- Subcommittee on Energy and Mineral Reso…U.S. House
- Subcommittee on Federal LandsU.S. House
- Subcommittee on Forestry and Horticultu…U.S. House
- Subcommittee on General Farm Commoditie…U.S. House
- Subcommittee on HealthU.S. House
- Subcommittee on Highways and TransitU.S. House
- Subcommittee on Livestock, Dairy, and P…U.S. House
- Subcommittee on Nutrition and Foreign A…U.S. House
- Subcommittee on Oversight and Investiga…U.S. House
- Subcommittee on Oversight, Investigatio…U.S. House
- Subcommittee on Railroads, Pipelines, a…U.S. House
- Subcommittee on Transportation and Mari…U.S. House
- Subcommittee on Water Resources and Env…U.S. House
- Subcommittee on Water, Wildlife and Fis…U.S. House
- Transportation And InfrastructureU.S. House
- Veterans' AffairsU.S. House
- Ways And MeansU.S. House

HB 142
Louisiana House•Passed
Summary
HB 142, which provides for the continuous revision of the Code of Civil Procedure, was introduced in the House on Feb 13, 2026 by Rep. Nicholas Muscarello (R). It last saw action on May 15, 2026: Effective date: See Act.
Record
Text
HB 142 has 3 roll calls.
hb142/chaptered.txtENROLLED2026 Regular SessionACT No. 127HOUSE BILL NO. 142BY REPRESENTATIVE MUSCARELLO(On Recommendation of the Louisiana State Law Institute)1AN ACT2 To amend and reenact Code of Civil Procedure Articles 561, 1426(A)(introductory3paragraph), (B), and (C), 1572, 1702(C), 1841, 1914(E), 2083(B), 2126, 2128,42166(F), 2167(D), and 4922 and R.S. 13:319 and 5206, to enact Code of Civil5Procedure Article 2083(D), and to repeal Code of Civil Procedure Article61425(F)(5), relative to civil procedure; to provide for continuous revisions to the7Code of Civil Procedure and related provisions of the Revised Statutes; to provide8with respect to abandonment; to provide for motions to quash; to provide for notice9of trial; to provide with respect to default judgments; to provide with respect to10interlocutory, final, and partial final judgments; to provide with respect to payment11of costs and designation of the record on appeal; to provide with respect to12transmission of notice; to provide for the assignment and allotment of writs and13appeals; to provide with respect to the jurisdiction of small claims; to provide for14Comments; and to provide for related matters.15 Be it enacted by the Legislature of Louisiana:16Section 1. Code of Civil Procedure Articles 561, 1426(A)(introductory paragraph),17 (B), and (C), 1572, 1702(C), 1841, 1914(E), 2083(B), 2126, 2128, 2166(F), 2167(D), and18 4922 are hereby amended and reenacted and Code of Civil Procedure Article 2083(D) is19 hereby enacted to read as follows:20Art. 561. Abandonment in trial and appellate court21A.(1) An action is abandoned when the parties fail to take any step in its22prosecution or defense in the trial court for a period of three years, unless it is a23succession proceeding:Page 1 of 14CODING: Words in struck through type are deletions from existing law; words underscoredare additions.HB NO. 142 ENROLLED1(a) Which has been opened;2(b) In which an administrator or executor has been appointed; or3(c) In which a testament has been probated.4(2) This provision Article shall be operative without formal order, but, on ex5parte motion of any party or other interested person by affidavit that states that no6step has been timely taken in the prosecution or defense of the action, the trial court7shall enter a formal order of dismissal as of the date of its abandonment. The sheriff8shall serve the order in the manner provided in Article 1314 and shall execute a9return pursuant to Article 1292. A step in the prosecution or defense in the trial court10shall interrupt the abandonment period. After the three-year abandonment period has11expired, the defendant may renounce the defense of abandonment.12(3) A motion to set aside a dismissal may be made only within thirty days13of the date of the sheriff's service of the order of dismissal. If the trial court denies14a timely motion to set aside the dismissal, the clerk of court shall give notice of the15order of denial pursuant to Article 1913(A) and shall file a certificate pursuant to16Article 1913(D). Any formal discovery authorized by this Code, whether or not filed17of record, including the taking of a deposition with or without formal notice,18constitutes a step in the prosecution or defense of an action against all parties on19whom the discovery was served or who were in attendance or represented at the20deposition.21(4) An appeal of an order of dismissal may be taken only within sixty days22of the date of the sheriff's service of the order of dismissal. An appeal of an order of23denial may be taken only within sixty days of the date of the clerk's mailing of the24order of denial.25B.(1) Any formal discovery as authorized by this Code and served on all26parties whether or not filed of record, including the taking of a deposition with or27without formal notice, shall be deemed to be a step in the prosecution or defense of28an action. Any party or other interested person may file an ex parte motion to dismiss29based on abandonment and shall attach to the motion to dismiss an affidavit of the30mover or the mover's attorney of record certifying all of the following:Page 2 of 14CODING: Words in struck through type are deletions from existing law; words underscoredare additions.HB NO. 142 ENROLLED1(a) The three-year abandonment period has expired.2(b) No timely step in the prosecution or defense of the action has been taken3pursuant to Subparagraph (A)(2) or (3) of this Article.4(c) No renunciation has occurred pursuant to Subparagraph (A)(2) of this5Article.6(2) The affidavit shall also include a list of all pleadings, documents, or7judgments that have been filed in the record during the three years preceding the date8on which the mover claims that the abandonment period expired. The mover shall9also list and attach all written communication pertaining to the action between the10mover and any adverse party or their attorneys of record in the one year preceding11the date on which the mover claims that the abandonment period expired.12C. The court shall enter an ex parte judgment of dismissal without prejudice13as of the date of the abandonment of the action if the record confirms and the14mover's accompanying affidavit attests to all of the following:15(1) The three-year abandonment period has expired.16(2) No timely step in the prosecution or defense of an action has been taken17pursuant to Subparagraph (A)(2) or (3) of this Article.18(3) The defendant has not renounced the defense of abandonment pursuant19to Subparagraph (A)(2) of this Article.20(4) No pleadings, documents, or judgments have been filed in the record21during the three years immediately preceding the expiration of the abandonment22period.23(5) There has been no written communication pertaining to the action24between the mover and any adverse party or their attorneys of record during the last25year of the abandonment period.26D. If the mover's affidavit certifies that any pleadings, documents, or27judgments have been filed in the record during the three years preceding the28expiration of the abandonment period or that there has been written communication29pertaining to the action between the mover and any adverse party or their attorneys30of record during the one year preceding the expiration of the abandonment period,Page 3 of 14CODING: Words in struck through type are deletions from existing law; words underscoredare additions.HB NO. 142 ENROLLED1the court shall either sign the judgment of dismissal ex parte or set the motion to2dismiss for a contradictory hearing.3E. The sheriff shall serve the ex parte judgment of dismissal in accordance4with Article 1314 and shall execute a return pursuant to Article 1292.5F. If an ex parte judgment of dismissal is granted, a motion to set aside the6dismissal may be filed within thirty days after the date of the sheriff's service of the7judgment of dismissal. At the hearing to set aside the dismissal, the burden of proof8rests with the mover of the original motion to dismiss based on abandonment. If the9trial court denies a timely motion to set aside the dismissal, the clerk of court shall10send notice of the order of denial pursuant to Article 1913(A) and shall file a11certificate pursuant to Article 1913(D).12G.(1) An appeal of a judgment of dismissal rendered ex parte may be taken13within sixty days after the date of the sheriff's service of the judgment of dismissal14pursuant to Paragraph E of this Article.15(2) An appeal of a judgment of dismissal rendered after a contradictory16hearing may be taken within sixty days after the clerk's transmission of that17judgment.18(3) An appeal of a denial of the motion to set aside a dismissal filed pursuant19to Paragraph F of this Article may be taken within sixty days after the clerk's20transmission of the order of denial.21C. H. An appeal is abandoned when the parties fail to take any step in its22prosecution or disposition for the period provided in the rules of the appellate court.23I. The granting of a motion to set aside a judgment of dismissal based on24abandonment and the reversal of a judgment of dismissal on appeal shall each25constitute a step in the prosecution or defense of an action.26J. For the purposes of this Article, "transmission" means the sending of27notice via the United States Postal Service, a commercial courier, or electronic mail.28K. This Article does not apply to succession proceedings.29L. If an action brought under this Section to enforce a conventional30obligation is dismissed pursuant to this Section, such dismissal, notwithstanding anyPage 4 of 14CODING: Words in struck through type are deletions from existing law; words underscoredare additions.HB NO. 142 ENROLLED1other law to the contrary, shall operate to interrupt any applicable liberative2prescriptive period as though the dismissal of the action had not occurred.3Comments – 20264(a) The amendments to Subparagraph (A)(2) of this Article retain the rule5that abandonment is operative without formal order. The amendments also adopt6current jurisprudential rules providing that a step in the prosecution or defense of an7action interrupts the three-year abandonment period and that, after the three-year8abandonment period has expired, the defendant may renounce the defense of9abandonment. See Foundation Elevation & Repair, LLC v. Miller, 408 So. 3d 89310(La. 2025).11(b) Subparagraph (B)(1) of this Article is new and requires that a more12detailed affidavit be included with the ex parte motion to dismiss based on13abandonment.14(c) Paragraph C of this Article now requires the court to sign an ex parte15judgment of dismissal without prejudice if the mover's affidavit attests to all of the16following: the abandonment period has expired; no timely step in the prosecution or17defense of the action has occurred; the defendant has not renounced the defense of18abandonment; no pleadings, documents, or judgments have been filed in the record19during the three years immediately preceding the expiration of the abandonment20period; and there has been no written communication pertaining to the action21between the mover and any adverse party or their attorneys of record during the year22preceding the expiration of the abandonment period.23(d) Paragraph D of this Article is new and requires the court to either sign24a judgment of dismissal ex parte or set the motion to dismiss for a contradictory25hearing if the mover's affidavit indicates that pleadings, documents, or judgments26have been filed in the record during the three-year abandonment period or that there27has been written communication pertaining to the action between the mover and any28adverse party or their attorneys of record during the year immediately preceding the29expiration of the abandonment period.30(e) Paragraph F of this Article establishes a new rule that the burden of proof31at a hearing on a motion to set aside a dismissal rests upon the mover of the initial32motion to dismiss based on abandonment.33* * *34Art. 1426. Protective orders; motions to quash35A. Upon motion by a party or by the person from whom discovery is sought36or to whom a subpoena is issued, and for good cause shown, the court in which the37action is pending or alternatively, on matters relating to a deposition or subpoena, the38court in the district where the deposition is to be taken or by which the subpoena is39issued may make any order which that justice requires to protect a party or person40from annoyance, embarrassment, oppression, or undue burden or expense, including41one or more of the following:42* * *43B. If the motion for a protective order or a motion to quash is denied in44whole or in part, the court may, on such terms and conditions as are just, order thatPage 5 of 14CODING: Words in struck through type are deletions from existing law; words underscoredare additions.HB NO. 142 ENROLLED1any party or person provide or permit discovery. The provisions of Article 14692apply to the award of expenses incurred in relation to the motion.3C. No provision of this Article authorizes a court to issue a protective order4or grant a motion to quash preventing or limiting discovery or ordering records5sealed if the information or material sought to be protected relates to a public hazard6or relates to information which that may be useful to members of the public in7protecting themselves from injury that might result from such the public hazard,8unless such the information or material sought to be protected is a trade secret or9other confidential research, development, or commercial information.10* * *11Art. 1572. Written request for notice Notice of trial12The clerk shall give written notice of the date of the trial whenever a written13request therefor is filed in the record or is made by registered mail by a party or to14all counsel of record, or if there is no counsel of record, to a self-represented party.15This notice shall be sent in accordance with Article 1313(A)(4) or mailed by the16clerk, by certified mail, properly stamped and addressed, at least ten days before the17date fixed for the trial. The provisions of this article Article may be waived in18writing or on the record by all counsel of record at a pre-trial conference a party or19the party's attorney.20Comments - 202621The amendment to this Article removes the requirement that a party must22submit a written request to receive notice of trial. The clerk of court must now23provide notice of trial to all counsel of record, or if there is no counsel of record, to24a self-represented party. The notice must be sent either by electronic means in25accordance with the requirements of Article 1313(A)(4) or by certified mail. The26amendment also provides that any waiver of notice of trial must be in writing or on27the record.28* * *29Art. 1702. Default judgment30* * *31C. In those proceedings in which the sum due is on an open account or a32promissory note, other negotiable instrument, or other conventional obligation, or a33deficiency judgment derived therefrom, including those proceedings in which onePage 6 of 14CODING: Words in struck through type are deletions from existing law; words underscoredare additions.HB NO. 142 ENROLLED1or more mortgages, pledges, or other security for the open account, promissory note,2negotiable instrument, conventional obligation, or deficiency judgment derived3therefrom is sought to be enforced, maintained, or recognized, or in which the4amount sought is that authorized by R.S. 9:2782 for a check dishonored for5nonsufficient funds, a hearing in open court shall not be required unless the judge6court, in his its discretion, directs that such a the hearing be held. The plaintiff shall7submit to the clerk of court the proof required by law and the original and not less8than one copy of the proposed default judgment. The judge court shall, within9seventy-two hours of after receipt of such the submission from the clerk of court,10sign the proposed default judgment or direct that a hearing be held. The Before the11default judgment is signed, the clerk of court shall certify that no answer or other12pleading has been filed by the defendant. The minute clerk shall make an entry13showing the dates of receipt of proof, review of the record, and rendition of the14default judgment. A certified copy of the signed default judgment shall be sent to the15plaintiff by the clerk of court, and notice of the signing of the default judgment shall16be given as provided in accordance with Article 1913.17* * *18Art. 1841. Judgments,; interlocutory and final19A. A judgment is the determination of the rights of the parties in an action20and may award any relief to which the parties are entitled. It may be interlocutory21or final.22B.(1) A judgment that does not determine the merits but only preliminary23matters in the course of the action is an interlocutory judgment determines the merits24in whole is a final judgment.25(2) A judgment that determines the merits in whole or in part is may be a26partial final judgment in accordance with Article 1915(A) or an interlocutory27judgment in accordance with Article 1915(C).28C. A judgment that does not determine the merits but determines only29preliminary matters in the course of the action is an interlocutory judgment.Page 7 of 14CODING: Words in struck through type are deletions from existing law; words underscoredare additions.HB NO. 142 ENROLLED1Comments - 20262This amendment seeks to clarify the law. Article 1915(A) provides for3partial final judgments that are appealable. Article 1915(C) provides for partial4judgments that are interlocutory judgments. Article 2083 provides that a partial final5judgment and an interlocutory judgment are appealable only when expressly6provided by law.7* * *8Art. 1914. Interlocutory judgments; notice; delay for further action9* * *10E. The provisions of this Article do not apply to an interlocutory injunctive11order or judgment the certification or denial of a certification of a class action in12accordance with Article 592(A)(3)(c) or appealable orders or judgments granting or13denying a preliminary injunction in accordance with Article 3612.14Comments - 202615This amendment clarifies the law. Articles 592(A)(3)(c) and 3612 provide16for interlocutory orders and judgments from which an appeal may be taken as a17matter of right. Thus, the notice requirements set forth in this Article are not18applicable. Rather, the required notice should satisfy the provisions of Article 1913.19This is consistent with Article 2083 providing that an interlocutory judgment is20appealable only when expressly provided by law.21* * *22Art. 2083. Judgments appealable23* * *24B. In reviewing a judgment reformed in accordance with a remittitur or25additur, the court shall consider the reasonableness of the underlying jury verdict.26A partial final judgment rendered in accordance with Article 1915(A) is appealable27in all causes in which appeals are given by law. Other partial final judgments are28appealable only when expressly provided by law.29* * *30D. In reviewing a judgment reformed in accordance with a remittitur or31additur, the court shall consider the reasonableness of the underlying jury verdict.32Comments - 202633The amendment to Paragraph B of this Article clarifies the law and is34consistent with the amendments to Article 1841. See also Articles 592(A)(3)(c) andPage 8 of 14CODING: Words in struck through type are deletions from existing law; words underscoredare additions.HB NO. 142 ENROLLED13612 for examples of instances in which an appeal may be taken as a matter of right2from an interlocutory order or judgment.3* * *4Art. 2126. Payment of costs5A. The clerk of the trial court, immediately after After the order of appeal6has been granted, the clerk of the trial court shall estimate the cost of the preparation7of the record on appeal, including the fee of the court reporter for preparing the8transcript and the filing fee required by the appellate court. The clerk shall send9transmit notices of the estimated costs by certified mail to the appellant and by first10class mail to the appellee.11B. Within twenty days of the mailing of notice If the parties have not12designated the record on appeal pursuant to Article 2128, the appellant shall, within13twenty days after transmission of the notice of the estimated costs, pay the amount14of the estimated costs to the clerk. The trial court may grant one extension of the15period for paying the amount of the estimated costs for not more than an additional16twenty days upon written motion showing good cause for the extension.17C. If the parties have designated the record on appeal pursuant to Article182128, the clerk shall transmit a revised notice of the estimated costs to the appellant19and appellee. The appellant shall, within twenty days after transmission of the20revised notice of estimated costs, pay the amount of the estimated costs to the clerk.21The trial court may grant one extension of the period for paying the amount of the22revised estimated costs for not more than an additional twenty days upon written23motion showing good cause for the extension.24D. The appellant may question the excessiveness of the estimated costs by25filing a written application motion for reduction in the trial court within the first26twenty-day time limit, and the if the record has not been designated pursuant to27Article 2128, or within twenty days after transmission of the revised notice of28estimated costs if the record has been designated pursuant to Article 2128. The trial29court may order reduction of the estimate upon proper showing. If an application the30motion for reduction has been timely filed, the appellant shall have twenty days toPage 9 of 14CODING: Words in struck through type are deletions from existing law; words underscoredare additions.HB NO. 142 ENROLLED1pay the costs beginning from the date of the action by the trial court on application2the motion for reduction.3D. E. After the preparation of the record on appeal has been completed, the4clerk of the trial court shall, as the situation may require, either refund to the5appellant the difference between the estimated costs and the actual costs, if the6estimated costs exceed the actual costs, or send a transmit notice by certified mail to7the appellant of the amount of additional costs due, if the actual costs exceed the8estimated costs. If the payment of additional costs is required, the appellant shall pay9the amount of additional costs within twenty days of the mailing after transmission10of the notice.11E. F. If the appellant fails to pay the estimated costs, or the difference12between the estimated costs and the actual costs, within the time specified, the trial13judge, on his own motion or upon motion by the clerk or by any party, and after a14hearing, shall do one of the following:15(1) Enter a formal order of dismissal of the appeal on the grounds of16abandonment; or.17(2) Grant a ten day ten-day period within which costs must shall be paid in18full, in default of which the appeal is dismissed as abandoned.19F. G. If the appellant pays the costs required by this Article, the appeal may20shall not be dismissed because of the passage of the return day without an extension21being obtained or because of an untimely lodging of the record on appeal.22H. For the purposes of this Article, "transmit" means the sending of notice23via certified mail, electronic mail to the email address designated by counsel or the24party, or commercial courier. The sending of notice by electronic means is complete25upon transmission, provided that the sender receives an electronic confirmation of26delivery.27Comments – 202628Requirements relative to the transmission of the notice for the payment of29estimated costs are adapted from the service requirements set forth in Article301313(C) applicable to pleadings and orders that set a court date and from Article312166(F) defining "transmission of notice" with respect to the appellate court.32* * *Page 10 of 14CODING: Words in struck through type are deletions from existing law; words underscoredare additions.HB NO. 142 ENROLLED1Art. 2128. Same; determination of content2The form and content of the record on appeal shall be in accordance with the3rules of the appellate court, except as provided in the constitution Constitution of4Louisiana and as provided in Article 2128.1. However, within three days, exclusive5of holidays, after taking the appeal Within ten days after transmission of the notices6of estimated costs by the clerk of court as provided in Article 2126, however, the7appellant may designate in a writing by written notice filed with the trial court such8the portions of the record which he that the appellant desires to constitute the record9on appeal. Within five fourteen days, exclusive of holidays, after service of a copy10of this designation on the other party, that party may also designate in a writing by11written notice filed with the trial court such other portions of the record as he the12party considers necessary. In such those cases, the clerk shall prepare the record on13appeal as so directed, but a party or the trial court may cause to be filed thereafter14any omitted portion of the record as a supplemental record. When no designation is15made, the record shall be a transcript of all of the proceedings as well as all16documents filed in the trial court.17* * *18Art. 2166. Court of appeal judgment rehearing; finality; stay19* * *20F. For the purposes of this Article, "transmission of the notice" means the21sending of the notice via the United States Postal Service, or electronic mail, or22facsimile.23Art. 2167. Supreme court judgment rehearing; finality; stay24* * *25D. For the purposes of this Article, "transmission of the notice" means the26sending of the notice via the United States Postal Service, or electronic mail, or27facsimile.28* * *Page 11 of 14CODING: Words in struck through type are deletions from existing law; words underscoredare additions.HB NO. 142 ENROLLED1Art. 4922. Notice of judgment; justice of the peace courts; district courts with2concurrent jurisdiction3Notice of the signing of any final judgment shall be given as required by in4accordance with Article 1913, except that if the party is personally served with the5judgment in open court, no further notice shall be required.6Comments - 20267This amendment does not change the law. Article 1913 was previously8amended to provide that delivery of the signed judgment in open court shall9constitute notice of judgment and shall be documented in the record of the10proceeding.11Section 2. R.S. 13:319 and 5206 are hereby amended and reenacted to read as12 follows:13§319. Assignment and allotment of cases14Each civil and criminal appeal and each application for writs shall be15randomly assigned by the clerk, subject to the direct supervision of the court. Except16for good cause shown, all writs and appeals from contemporaneously rendered orders17or judgments from a lower court in the same action or consolidated cases shall be18assigned to the same randomly selected panel.19Comments - 202620This amendment permits the clerk of the court of appeal to assign writs and21appeals in accordance with procedures that were commonly used prior to the 201822amendment of this Section, thus preventing duplicative adjudication of identical23issues derived from the same action. See also Code of Civil Procedure Article242164.1.25* * *26§5206. Reconventional demand beyond jurisdiction; filing in court of competent27jurisdiction; transfer of proceedings from small claims division28A. If a defendant in a small claims action shall have has a claim against the29plaintiff in such the action for an amount over the jurisdiction of the small claims30division as set forth in R.S. 13:5202(A), but of a nature which that may be asserted31by a reconventional demand as authorized by Code of Civil Procedure Article 106132of the Louisiana Code of Civil Procedure, the defendant may assert his the claim in33the manner provided by this Section, in order to secure consolidation for trial of the34small claims action with his the defendant's own claim.Page 12 of 14CODING: Words in struck through type are deletions from existing law; words underscoredare additions.HB NO. 142 ENROLLED1B. At any time prior to trial in the small claims action, the defendant therein2may commence an action against the plaintiff in a court of competent jurisdiction to3assert a claim of the nature set forth by R.S. 13:5206(A), Subsection A of this4Section and file an affidavit that the reconventional demand is in excess of three five5thousand dollars with the judge of the small claims division in which the plaintiff has6commenced the small claims action.7C. The defendant shall attach to the affidavit a true copy of his petition or the8defendant's reconventional demand so filed and shall pay the clerk of the small9claims division a transmittal fee of ten dollars, in addition to the prescribed court10costs for filing the reconventional demand, furnishing a copy of the affidavit and11pleading to the plaintiff.12D. The judge of the small claims division shall order that the small claims13division action be transferred to the ordinary docket of the court set forth in said the14affidavit, and he shall transmit to such that court, (if it is other than the court of the15small claims division), copies of the citation and any pleadings in the small claims16action, and the. The actions shall then be consolidated for trial in such the other17docket or court.18E. The plaintiff in the small claims action shall not be required to pay to the19clerk of the court to which the action is so transferred any transmittal, appearance,20or filing fee; although, but upon adverse judgment, he the plaintiff may be taxed with21costs as in the case of any other defendant.22Section 3. Code of Civil Procedure Article 1425(F)(5) is hereby repealed in its23 entirety.24Section 4. The Louisiana State Law Institute is hereby directed to print the following25 Comment to Code of Civil Procedure Article 1425:26Art. 1425. Experts; pretrial disclosures; scope of discovery27* * *28Comments - 202629A ruling allowing or excluding an expert or an expert's report due to the30expert's lack of qualifications or use of unreliable methodologies is an interlocutory31order that is not appealable in accordance with Article 2083.Page 13 of 14CODING: Words in struck through type are deletions from existing law; words underscoredare additions.HB NO. 142 ENROLLED1Section 5. The provisions of Code of Civil Procedure Article 561 as amended by2 Section 1 of this Act shall have prospective application only and shall apply to motions to3 dismiss based on abandonment filed on or after the effective date of this Act.SPEAKER OF THE HOUSE OF REPRESENTATIVESPRESIDENT OF THE SENATEGOVERNOR OF THE STATE OF LOUISIANAAPPROVED:Page 14 of 14CODING: Words in struck through type are deletions from existing law; words underscoredare additions.
Provides for the continuous revision of the Code of Civil Procedure
Sponsors
Rep. Nicholas Muscarello (R) sponsors HB 142 alone.
Committees
HB 142 went before 2 committees: Civil Law and Procedure and Judiciary A.
History
HB 142 has taken 22 actions since Feb 13, 2026, the latest on May 15, 2026.
| Chamber | Action | |||
|---|---|---|---|---|
May 15, 2026 | House | Signed by the Governor. Becomes Act No. 127. | ||
May 15, 2026 | House | Effective date: See Act. | ||
May 13, 2026 | Senate | Signed by the President of the Senate. | ||
May 13, 2026 | House | Sent to the Governor for executive approval. | ||
May 12, 2026 | House | Enrolled and signed by the Speaker of the House. |
Votes
HB 142 went to 3 roll calls across both chambers, the latest on May 11, 2026 at 100–0.
| Chamber | Question | Yea | Nay | |||
|---|---|---|---|---|---|---|
May 11, 2026 | House | House Vote on HB 142 CONCUR IN SENATE AMENDMENTS (#1075) | 100 | 0 | ||
May 5, 2026 | Senate | Senate Vote on HB 142 FINAL PASSAGE (#594) | 36 | 0 | ||
Mar 26, 2026 | House | House Vote on HB 142 FINAL PASSAGE (#125) | 91 | 0 |
Source: legis.la.gov · legiscan.com
