Art. 1702.Default Judgment

Book II. Ordinary Proceedings · Title V. Trial · Chapter 6. Default · Last amended 2025 · Last verified July 30, 2026

In one sentenceArticle 1702 sets Louisiana's framework for a default judgment against a defendant who fails to timely answer, requiring proof of a prima facie case by competent evidence, notice of the plaintiff's intent to default in specified situations, and different proof and hearing rules depending on whether the claim rests on a contract, a tort, a commercial instrument, or a divorce.

Full Text of Art. 1702

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(1) If a defendant in the principal or incidental demand fails to answer or file other pleadings within the time prescribed by law or by the court, and the plaintiff establishes a prima facie case by competent and admissible evidence that is admitted on the record, a default judgment in favor of the plaintiff may be rendered, provided that notice that the plaintiff intends to obtain a default judgment is sent if required by this Paragraph, unless such notice is waived. The court may permit documentary evidence to be filed in the record in any electronically stored format authorized by the local rules of the district court or approved by the clerk of the district court for receipt of evidence.

(2) If a party who fails to answer has made an appearance of record in the case, notice that the plaintiff intends to obtain a default judgment shall be sent by certified mail or actually delivered to counsel of record for the party, or if there is no counsel of record, to the party, at least seven days before a default judgment may be rendered.

(3) If an attorney for a party who fails to answer has contacted the plaintiff or the plaintiff's attorney in writing concerning the action after it has been filed, notice that the plaintiff intends to obtain a default judgment shall be sent by certified mail or actually delivered to the party's attorney at least seven days before a default judgment may be rendered.

(4) In cases involving delictual actions where neither Subparagraph (2) or (3) of this Paragraph applies, notice that the plaintiff intends to obtain a default judgment shall be sent by regular mail to the party who fails to answer at the address where service was obtained at least seven days before a default judgment may be rendered.

(5) No default judgment shall be rendered against a defendant when notice is required pursuant to Subparagraph (2) or (3) of this Paragraph unless the required notice is given in accordance with any of the following:

(a) By mailing the notice to the defendant or attorney, in which case the plaintiff shall provide proof that the notice was enclosed in an envelope properly addressed to the defendant or attorney, with sufficient postage affixed, and the date on which it was deposited in the United States mail, and the plaintiff shall file the return receipt of the defendant or attorney.

(b) By utilizing the services of a commercial courier to make delivery of the notice to the defendant or attorney, in which case the plaintiff shall provide proof of the name of the commercial courier, the date, and the address at which the notice was delivered to the defendant or attorney, and the plaintiff shall file the commercial courier's confirmation of delivery.

(c) By actual delivery of the notice to the defendant or attorney, in which case the plaintiff shall provide proof of the date, place, and manner of delivery.

(1) When a demand is based upon a conventional obligation, affidavits and exhibits annexed thereto that contain facts sufficient to establish a prima facie case shall be admissible, self-authenticating, and sufficient proof of such demand. The court may, under the circumstances of the case, require additional evidence in the form of oral testimony before entering a default judgment.

(2) When a demand is based upon a delictual obligation, the testimony of the plaintiff with corroborating evidence, which may be by affidavits and exhibits annexed thereto containing facts sufficient to establish a prima facie case, shall be admissible, self-authenticating, and sufficient proof of such demand. The court may, under the circumstances of the case, require additional evidence in the form of oral testimony before entering a default judgment.

(3) When the sum due is on an open account or a promissory note or other negotiable instrument, an affidavit of the correctness thereof shall be prima facie proof. When the demand is based upon a promissory note or other negotiable instrument, no proof of any signature thereon shall be required.

C. In those proceedings in which the sum due is on an open account or a promissory note, other negotiable instrument, or other conventional obligation, or a deficiency judgment derived therefrom, including those proceedings in which one or more mortgages, pledges, or other security for the open account, promissory note, negotiable instrument, conventional obligation, or deficiency judgment derived therefrom is sought to be enforced, maintained, or recognized, or in which the amount sought is that authorized by R.S.9:2782 for a check dishonored for nonsufficient funds, a hearing in open court shall not be required unless the judge, in his discretion, directs that such a hearing be held. The plaintiff shall submit to the court the proof required by law and the original and not less than one copy of the proposed default judgment. The judge shall, within seventy-two hours of receipt of such submission from the clerk of court, sign the proposed default judgment or direct that a hearing be held. The clerk of court shall certify that no answer or other pleading has been filed by the defendant. The minute clerk shall make an entry showing the dates of receipt of proof, review of the record, and rendition of the default judgment. A certified copy of the signed default judgment shall be sent to the plaintiff by the clerk of court, and notice of the signing of the default judgment shall be given as provided in Article 1913.

D. When the demand is based upon a right acquired by assignment in an open account, promissory note, or other negotiable instrument, the court may raise an objection of prescription before entering a default judgment if the grounds for the objection appear from the pleadings or from the evidence submitted by the plaintiff. If the court raises an objection of prescription, it shall not enter the default judgment unless the plaintiff presents prima facie proof that the action is not barred by prescription. Upon the plaintiff's request, the court shall hold a hearing for the submission of such proof.

E. When the demand is based upon a claim for a personal injury, a sworn narrative report of the treating physician or dentist may be offered in lieu of his testimony.

(1) Notwithstanding any other provisions of law to the contrary, when the demand is for divorce under Civil Code Article 103(1) or (5), whether or not the demand contains a claim for relief incidental or ancillary thereto, a hearing in open court shall not be required unless the judge, in his discretion, directs that a hearing be held. The plaintiff shall submit to the court an affidavit specifically attesting to and testifying as to the truth of all of the factual allegations contained in the petition, the original and not less than one copy of the proposed default judgment, a certification indicating the type of service made on the defendant and the date of service, and a certification by the clerk that the record was examined by the clerk, including the date of the examination, and a statement that no answer or other pleading has been filed. If the demand is for divorce under Civil Code Article 103(5), a certified copy of the protective order or injunction rendered after a contradictory hearing or consent decree shall also be submitted to the court. If no answer or other pleading has been filed by the defendant, the judge shall review the submitted affidavit, proposed default judgment, and certification and render and sign the proposed default judgment or direct that a hearing be held. The minutes shall reflect rendition and signing of the default judgment.

(2) If the demand is for divorce under Civil Code Article 103(1) and the defendant, by sworn affidavit, acknowledges receipt of a certified copy of the petition and waives formal citation, service of process, all legal delays, notice of trial, and appearance at trial, a default judgment of divorce may be entered against the defendant two days, exclusive of legal holidays, after the affidavit is filed. The affidavit of the defendant may be prepared or notarized by any notary public.

(3) The notice requirements contained in Paragraph A of this Article shall not apply when the plaintiff intends to obtain a default judgment for a demand for divorce as provided by this Paragraph.

Amendment History

Amended by Acts 2025, No. 250, §3, eff. 8/1/2025. Amended by Acts 2023, No. 7, §1, eff. 8/1/2023. Amended by Acts 2023, No. 5, §1, eff. 8/1/2023. Amended by Acts 2021, No. 174, §5, eff. 1/1/2022. Amended by Acts 2021, No. 259, §2, eff. 8/1/2021. Amended by Acts 2017, No. 419, §1, eff. 8/1/2017. Amended by Acts 2015, No. 221, §2, eff. 8/1/2015. Amended by Acts 2014, No. 791, §20, eff. 8/1/2014. Amended by Acts 2013, No. 78, §1, eff. 8/1/2013. Acts 1983, No. 266, §1, eff. 1/1/1984; Acts 1986, No. 219, §1; Acts 1986, No. 285, §1; Acts 1986, No. 430, §1; Acts 1987, No. 182, §1; Acts 1987, No. 271, §1; Acts 1990, No. 1009, §4, eff. 1/1/1991; Acts 1992, No. 292, §1 ; Acts 2001, No. 512, §1; Acts 2008, No. 354, §1, eff. 6/21/2008.

Plain-English Summary

Failing to answer is not, by itself, enough for a default judgment. Article 1702 requires the plaintiff to establish a prima facie case by competent and admissible evidence admitted on the record before a default judgment can be rendered. Documentary evidence can be filed electronically under local court rules or clerk-approved formats.

Whether the defaulting defendant gets advance notice, and how, depends on the circumstances. A defendant who already appeared in the case, or whose attorney contacted the plaintiff in writing about the suit, gets notice at least seven days before the default judgment, sent by certified mail or actual delivery. A defendant in a tort action who never appeared gets notice by regular mail to the address where service was made. Article 1702 also spells out exactly how the plaintiff must prove notice went out: proof of mailing with a return receipt, a courier's delivery confirmation, or proof of actual delivery.

Proof requirements vary by claim type. A conventional-obligation claim can rely on affidavits and attached exhibits; a tort claim requires the plaintiff's own testimony plus corroborating evidence; and an open account, promissory note, or negotiable instrument can be proven with a simple affidavit of correctness, without needing to prove any signature.

For claims like open accounts, notes, and checks dishonored for nonsufficient funds, Article 1702(C) skips the courtroom hearing altogether unless the judge chooses to require one: the plaintiff submits proof and a proposed judgment, and the judge signs it within seventy-two hours (Article 1702.1 spells out exactly what has to be certified). The article also has its own rules for personal-injury claims, where a physician's sworn narrative report can substitute for live testimony, and for divorce judgments, including a streamlined path when the defendant has signed a sworn waiver of service and delays.

Frequently Asked Questions

Does a defendant's failure to answer automatically lead to a default judgment?

No. The plaintiff still has to establish a prima facie case with competent and admissible evidence admitted on the record.

Does a defaulting defendant always get advance notice before a default judgment is entered?

Notice is required only in specified circumstances, such as when the defendant appeared in the case or when the defendant's attorney contacted the plaintiff in writing, with different timing and delivery methods depending on the situation.

Is a courtroom hearing always required to get a default judgment?

No. For certain claims, such as open accounts, promissory notes, and checks dishonored for nonsufficient funds, the judge can sign the default judgment on the papers within seventy-two hours under Article 1702(C), without a hearing, unless the judge decides to hold one.

How does proof differ for a contract claim versus a personal injury claim?

A conventional-obligation claim can rely on affidavits and exhibits, while a personal injury claim can rely on a sworn narrative report from the treating physician or dentist in place of live testimony.

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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