As Louisiana rings in the new year, several major changes to the Louisiana Code of Civil Procedure will go into effect. From longer pleading deadlines to the elimination of "preliminary" and "final" default judgments, Louisiana practitioners should familiarize themselves with these updates to the Code. Here's a summary of some of the major changes:

Deadlines

• A defendant has 21 days after service of citation to file an answer. If the plaintiff serves discovery requests with his petition, a defendant has 30 days after service of citation and discovery request to file an answer. See La. Code Civ. Proc. art. 1001(A) (enacted by Act No. 174, 2021 Reg. Sess.) (eff. Jan. 1, 2022).

Under old law, a defendant had 15 days to answer.
 

• If an exception is filed prior to an answer and is overruled or referred to the merits, the defendant has 15 days after the exception is overruled or referred to the merits to file an answer. See La. Code Civ. Proc. art. 1001(B) (enacted by Act No. 174, 2021 Reg. Sess.) (eff. Jan. 1, 2022).

Under old law, a defendant had 10 days to answer.
 
Pleadings and Service of Process

• Attorneys’ (and unrepresented parties’) email addresses must appear in pleadings. See La. Code Civ. Proc. art. 863 (enacted by Act No. 68, 2021 Reg. Sess.) (eff. Jan. 1, 2022).

Under old law, only a mailing address was required.
 

• Service of a pleading or order that sets a court date can be made by emailing the document to the email address designated by counsel or the party. Service by email is complete upon transmission, provided the sender receives an electronic confirmation of delivery. If such confirmation is not received, the sender will need to use one of the alternative methods of service (i.e., service by registered or certified mail or by the sheriff). See La. Code Civ. Proc. art. 1313(C) (enacted by Act No. 68, 2021 Reg. Sess.) (eff. Jan. 1, 2022).

Under old law, service was required to be made by the sheriff or by registered or certified mail.
 

• Subpoenas can be issued to compel the attendance of witnesses who reside and are employed outside of the parish and more than 25 miles from the courthouse where the trial or hearing is to be held. See La. Code Civ. Proc. art. 1352 (enacted by Act No. 259, 2021 Reg. Sess.) (eff. Aug. 1, 2021).

Under old law, a subpoena could not be issued if the witness resides and is employed outside the parish and more than 25 miles from the courthouse.
 
Default Judgments

• “Preliminary” and “final” default judgments are eliminated. Now, there is a single default judgment process. A plaintiff must file a written request for default judgment. See La. Code Civ. Proc. art. 1702.1 (enacted by Act No. 174, 2021 Reg. Sess.) (eff. Jan. 1, 2022).
• Courts can raise the objection of prescription before entering a final default judgment when the demand is based upon a right acquired by assignment in an open account, promissory note, or other negotiable instrument if the grounds appear from the pleadings or from evidence submitted by the plaintiff. See La. Code Civ. Proc. art. 1702(D) (enacted by Act No. 259, 2021 Reg. Sess.) (eff. Aug. 1, 2021).

 
Juries

• A jury can take to the deliberation room any object or writing received in evidence (except depositions), even if the object or document is not required to enable the jury to arrive at a verdict. See La. Code Civ. Proc. art. 1793(D) (enacted by Act No. 259, 2021 Reg. Sess.) (eff. Aug. 1, 2021).

Under old law, a jury could bring an object or document received in evidence into the deliberation room only if it was necessary to enable the jury to arrive at a verdict.