A default judgment shall not be different in kind from that demanded in the petition. The amount of damages awarded shall be the amount proven to be properly due as a remedy.
Art. 1703.Scope of Judgment
Book II. Ordinary Proceedings · Title V. Trial · Chapter 6. Default · Last amended 2022 · Last verified July 30, 2026
In one sentenceArticle 1703 limits a default judgment to the kind of relief the petition demanded and ties any damages award to the amount proven to be properly due, rather than whatever figure the petition requested.
Full Text of Art. 1703
Amendment History
Amended by Acts 2021, No. 174, §1, eff. 1/1/2022. Amended by Acts 2017, No. 419, §1, eff. 8/1/2017. Amended by Acts 1988, No. 443, §2, eff. 1/1/1989.
Plain-English Summary
A default judgment cannot give the plaintiff a different type of relief than what the petition asked for. If the petition sought money damages, the judgment cannot instead order specific performance or some other remedy never requested. That limit matters because the defendant, having defaulted, never had a chance to respond to a claim for something different.
The dollar amount is not automatically whatever figure the petition listed. Article 1703 ties it to the amount the plaintiff proves to be properly due under Article 1702's evidentiary requirements. A defaulting defendant does not get to contest the claim, but the plaintiff still has to prove what is owed.
Because a defaulting defendant never tested the claim, keeping the judgment tied to what was demanded in kind and what was proven in amount guards against a default becoming a windfall built on unchallenged say-so.
Frequently Asked Questions
Can a default judgment award relief the petition never requested?
No. A default judgment cannot be different in kind from what the petition demanded.
Does a plaintiff automatically get the dollar amount requested in the petition?
No. The amount of damages awarded is the amount the plaintiff proves to be properly due, not the figure requested in the petition.
Why does Louisiana limit what a default judgment can award?
Because the defaulting defendant never contested the claim, so the judgment cannot expand beyond the relief demanded and the damages proven.
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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