Updates To The Louisiana Default Judgment Rules

On January 1, 2022, on recommendation of the Louisiana State Law Institute, the Louisiana Legislature overhauled major components of the Louisiana Code of Civil Procedure. Most significantly, the Legislature eliminated the requirement that parties seek a "preliminary default" judgment before confirming a "final" judgment of default. Now, Louisiana's default judgment process takes away defendants' opportunity to request that courts set aside preliminary defaults.

For defendants based outside of the state and their attorneys, this change was a difficult adjustment. Given the time it takes for an out-of-state defendant to receive notice of service and to hire an attorney, the defense bar worried that the changes would result in a flurry of default judgments. Others argued that the Legislature built in protections for defendants to avoid unfair default judgments.