Art. 1702.1.Default Judgment Without Hearing In Open Court; Required Information; Certifications
Book II. Ordinary Proceedings · Title V. Trial · Chapter 6. Default · Last amended 2022 · Last verified July 30, 2026
In one sentenceArticle 1702.1 spells out the written certifications a plaintiff must file to obtain a default judgment on an open account, promissory note, other negotiable instrument, conventional obligation, or dishonored check without appearing for a courtroom hearing, including proof the required documents are attached, how and when the defendant was served, and the clerk's confirmation that no answer was filed.
Full Text of Art. 1702.1
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A. When the plaintiff seeks a default judgment without appearing for a hearing in open court as provided in Article 1702(B)(1) and (C), the plaintiff shall file a written request for default judgment containing a certification that the suit is on an open account, promissory note, or other negotiable instrument, on a conventional obligation, or on a check dishonored for nonsufficient funds, and that the necessary invoices and affidavit, note and affidavit, or check or certified reproduction thereof are attached, along with any proof required by law and a proposed default judgment. If attorney fees are sought under R.S.9:2781 or 2782, the attorney shall certify that fact and the fact that the number of days required by R.S.9:2781(A) or 2782(A), respectively, have elapsed since demand was made upon the defendant.
B. The certification shall indicate the type of service made on the defendant and the date of service and shall also include a certification by the clerk that the record was examined by the clerk, including therein the date of the examination and a statement that no answer or other pleading has been filed within the time prescribed by law or by the court.
Article 1702.1 is the checklist behind Article 1702(C)'s no-hearing shortcut. To skip the open-court hearing, the plaintiff files a written request for default judgment certifying that the claim fits an eligible category, an open account, a promissory note or other negotiable instrument, a conventional obligation, or a check dishonored for nonsufficient funds, and that the supporting proof, invoices and affidavit, a note and affidavit, or the check itself or a certified reproduction, is attached, along with any other proof the law requires and a proposed default judgment.
Attorney fees carry their own certification requirement. When fees are sought under the applicable open-account or check statutes, the attorney has to certify that fees are being claimed and that the statutory waiting period since demand on the defendant has run.
The certification also has to cover service, its type and date, and include the clerk's own certification that the record was examined, including when, and that no answer or other pleading was filed within the required time, putting the clerk's review on the record before the judge signs off.
Frequently Asked Questions
What kinds of claims qualify for a default judgment without a courtroom hearing in Louisiana?
Claims on an open account, a promissory note or other negotiable instrument, a conventional obligation, or a check dishonored for nonsufficient funds.
What documents have to be attached to the written request for default judgment?
The necessary invoices and affidavit, the note and affidavit, or the check (or a certified reproduction), plus any other proof required by law.
Does the clerk of court have a role in this streamlined default process?
Yes. The clerk certifies that the record was examined, including the date, and confirms no answer or other pleading was filed within the required time.
What if the plaintiff wants attorney fees included in the default judgment?
The attorney must certify that fees are sought under the applicable statute and that the required number of days have passed since demand was made on the defendant.
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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