Art. 1672.Involuntary Dismissal

Book II. Ordinary Proceedings · Title V. Trial · Chapter 5. Dismissal · Last amended 2010 · Last verified July 30, 2026

In one sentenceArticle 1672 authorizes dismissal of an action when the plaintiff fails to appear for trial, lets the court dismiss on its own motion without prejudice when every party fails to appear, allows a bench-trial dismissal after the plaintiff's case-in-chief if no right to relief has been shown, and requires dismissal without prejudice as to a defendant who was not timely served absent good cause.

Full Text of Art. 1672 (Current Version)

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(1) A judgment dismissing an action shall be rendered upon application of any party, when the plaintiff fails to appear on the day set for trial. In such case, the court shall determine whether the judgment of dismissal shall be with or without prejudice.

(2) The court, on its own motion, may dismiss an action without prejudice when all the parties thereto fail to appear on the day set for trial; however, when a case has been dismissed pursuant to this provision and it is claimed that there is a pending settlement, either party may reinstate the suit within sixty days of receipt of the notice of dismissal, and any cause of action which had not prescribed when the case was originally filed shall be fully reinstated as though the case had never been dismissed.

B. In an action tried by the court without a jury, after the plaintiff has completed the presentation of his evidence, any party, without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal of the action as to him on the ground that upon the facts and law, the plaintiff has shown no right to relief. The court may then determine the facts and render judgment against the plaintiff and in favor of the moving party or may decline to render any judgment until the close of all the evidence.

C. A judgment dismissing an action without prejudice shall be rendered as to a person named as a defendant for whom service has not been requested within the time prescribed by Article 1201(C) or 3955 upon the sustaining of a declinatory exception filed by such defendant, or upon contradictory motion of any other party, unless good cause is shown why service could not be requested, in which case the court may order that service be effected within a specified time.

Amendment History (Current Version)

Acts 1983, No. 534, §9; Acts 1997, No. 518, §2, eff. 1/1/1998; Acts 1997, No. 1058, §1; Acts 2006, No. 750, §1; Acts 2010, No. 407, §1.

Full Text of Art. 1672 — Effective August 1, 2026

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C. A judgment dismissing an action without prejudice shall be rendered as to a person named as a defendant for whom service has not been requested or for whom all fees specified by the clerk of court for service of citation have not been paid within the times prescribed by Article 1201 or 3955 upon the sustaining of a declinatory exception filed by such defendant, or upon contradictory motion of any other party, unless good cause is shown why service could not be requested or all fees specified by the clerk of court for service of citation were not paid, in which case the court may order that service be effected and that a specific amount of fees for service of citation be paid within a specified time.

Amendment History (Effective August 1, 2026 Version)

Amended by Acts 2026, No. 36, §1, eff. 8/1/2026. Acts 2003, No. 1185, §1, eff. 7/1/2004. Acts 1983, No. 534, §9; Acts 1997, No. 518, §2, eff. 1/1/1998; Acts 1997, No. 1058, §1; Acts 2006, No. 750, §1; Acts 2010, No. 407, §1.

Plain-English Summary

Article 1672 covers several distinct dismissal triggers. If the plaintiff alone fails to appear on the day set for trial, any party can move to dismiss, and the court decides whether that dismissal is with or without prejudice. If every party fails to appear, the court can dismiss the action without prejudice on its own motion; and if a settlement was reportedly pending when that happened, either party gets sixty days from receiving the dismissal notice to reinstate the suit, reviving any claim that had not already prescribed as though the case had never been dismissed.

A different trigger applies during a bench trial. After the plaintiff finishes presenting evidence in a case tried without a jury, any party can move to dismiss on the ground that, on the facts and the law, the plaintiff has shown no right to relief, without giving up the right to put on its own evidence should the motion fail. The court can rule immediately or wait until all the evidence is in.

A third trigger concerns service rather than trial attendance: if a defendant has not been served within the time the Code prescribes, the court must dismiss the action against that defendant without prejudice, either when that defendant's declinatory exception is sustained or on another party's contradictory motion, unless good cause is shown for the delay, in which case the court can set a new deadline for service instead. This service-based dismissal is a distinct tool from abandonment under Article 561, which dismisses a case automatically after three years of inactivity; Article 1672 turns on a missed trial date or a missed service deadline for a particular defendant, not general case inactivity.

An amendment effective August 1, 2026 expands the service-based dismissal ground. It adds that dismissal without prejudice as to an unserved defendant also applies when the clerk's required fees for service of citation have not been paid within the prescribed time, not only when service itself has not been requested, and it extends the good-cause exception and the court's order-a-new-deadline option to cover payment of those fees.

Frequently Asked Questions

What happens if the plaintiff does not show up for trial?

Any party can move to dismiss the action, and the court decides whether the dismissal is with or without prejudice.

What if nobody shows up for trial?

The court can dismiss the action without prejudice on its own motion, and if a settlement was pending, either party gets sixty days from receiving the dismissal notice to reinstate the suit.

Is Article 1672 the same as Louisiana's abandonment rule?

No. Abandonment under Article 561 dismisses a case automatically after three years of inactivity; Article 1672 turns on missing a trial date or a service deadline, a separate and distinct dismissal mechanism.

What is the bench-trial dismissal under Article 1672(B) similar to?

It works like a mid-trial dismissal available once the plaintiff finishes presenting evidence in a trial without a jury, letting the court find the plaintiff has not shown a right to relief without waiting for the defense case.

Is Article 1672 changing soon?

Yes. Effective August 1, 2026, an amendment expands paragraph (C) so that failing to pay the clerk's required service-of-citation fees within the prescribed time, not only failing to request service, can also lead to dismissal without prejudice as to that defendant, subject to the same good-cause exception.

Source & verification. Article text is reproduced verbatim from the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature. Last verified July 30, 2026. · Official source

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