Louisiana Legislature Makes Substantial Changes To Litigation Procedures

On June 11, 2021, Louisiana Governor John Bel Edwards signed into law Act 176 making substantial changes to Louisiana's procedural rules governing answers and the taking of default judgments, which take effect on January 1, 2022. This article will highlight some of the most significant changes.

Louisiana has provided additional time for defendants to file answers. Instead of the previous 15 day period to file an answer, Defendants now have 21 days to file an answer after service of citation is made. La. C.C.P. art. 1001. If a plaintiff files and serves a discovery request with the petition, the defendant shall have 30 days to file an answer. Id. When an exception is filed prior to an answer and is overruled or referred to the merits, an answer shall be filed within 15 days after such overruling or referral. Id. Previously an answer was required within 10 days.