Art. 561.Abandonment In Trial and Appellate Court

Title II. Actions · Chapter 4. Abandonment of Action · Last amended 2023 · Last verified July 30, 2026

In one sentenceArticle 561 lets a civil action or appeal die automatically after three years without any step taken to prosecute or defend it, though a party still needs a court order recording the dismissal, and sets tight deadlines for challenging or appealing that order.

Full Text of Art. 561

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(1) An action is abandoned when the parties fail to take any step in its prosecution or defense in the trial court for a period of three years, unless it is a succession proceeding:

(a) Which has been opened;

(b) In which an administrator or executor has been appointed; or

(2) This provision shall be operative without formal order, but, on ex parte motion of any party or other interested person by affidavit that states that no step has been timely taken in the prosecution or defense of the action, the trial court shall enter a formal order of dismissal as of the date of its abandonment. The sheriff shall serve the order in the manner provided in Article1314 and shall execute a return pursuant to Article1292.

(3) A motion to set aside a dismissal may be made only within thirty days of the date of the sheriff's service of the order of dismissal. If the trial court denies a timely motion to set aside the dismissal, the clerk of court shall give notice of the order of denial pursuant to Article1913(A) and shall file a certificate pursuant to Article1913(D).

(4) An appeal of an order of dismissal may be taken only within sixty days of the date of the sheriff's service of the order of dismissal. An appeal of an order of denial may be taken only within sixty days of the date of the clerk's mailing of the order of denial.

B. Any formal discovery as authorized by this Code and served on all parties whether or not filed of record, including the taking of a deposition with or without formal notice, shall be deemed to be a step in the prosecution or defense of an action.

C. An appeal is abandoned when the parties fail to take any step in its prosecution or disposition for the period provided in the rules of the appellate court.

Amendment History

Amended by Acts 2023, No. 5, §1, eff. 8/1/2023. Amended by Acts 1966, No. 36, §1; Acts 1982, No. 186, §1; Acts 1983, No. 670, §1; Acts 1987, No. 149, §1; Acts 1997, No. 1221, §1, eff. 7/1/1998; Acts 2003, No. 545, §1; Acts 2007, No. 361, §1, eff. 7/9/2007.

Plain-English Summary

Most dismissals for stalled litigation happen because someone asks a judge to dismiss the case. Louisiana's abandonment doctrine works differently: an action is abandoned by operation of law the moment three years pass without either side taking a step to prosecute or defend it, no motion required to make it happen.

What does require a motion is putting the abandonment on the record. Any party, or another interested person, can file an ex parte motion with an affidavit stating that no step was timely taken, and the trial court then enters a formal order dismissing the case as of the date it was abandoned, three years back. A succession proceeding that has been opened, that has an administrator or executor appointed, or where a testament has been probated, is exempt from this three-year clock.

Formal discovery counts as a step that keeps a case alive, even if it was never filed in the record, including something as simple as taking a deposition. That gives litigants a fair amount of quiet, paper-only activity that avoids abandonment without requiring a court appearance or a filed pleading. Once a dismissal order issues, the deadlines turn strict: a motion to set it aside must come within thirty days of the sheriff's service of the order, and an appeal of the dismissal, or of a denial of a motion to set it aside, must come within sixty days. And the doctrine doesn't stop at trial. An appeal itself can be abandoned the same way, if the parties fail to take the steps the appellate court's own rules require.

Frequently Asked Questions

Do I need to file a motion for my opponent's case to be abandoned?

No. Abandonment happens automatically once three years pass without any step taken to prosecute or defend the action. A motion is only needed afterward, to get a formal order recording the dismissal.

What counts as a "step" that prevents abandonment?

Any formal discovery served on all parties counts, including taking a deposition, whether or not it was ever filed in the court record, along with the more familiar act of filing something in the case.

How long do I have to challenge a dismissal for abandonment?

A motion to set aside the dismissal must be filed within thirty days of the sheriff's service of the dismissal order, and an appeal must be filed within sixty days of that same service or of a later denial order.

Is a succession proceeding ever exempt from the three-year abandonment clock?

Yes, once it has been opened, has an administrator or executor appointed, or has a probated testament, it falls outside this article's three-year abandonment rule.

Can an appeal itself be abandoned?

Yes. Article 561 extends the abandonment doctrine to appeals, dismissing one if the parties fail to take the steps the appellate court's rules require to keep it moving.

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

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