Louisiana Motion For Default Judgment
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FAQ
Most significantly, the Legislature eliminated the requirement that parties seek a ?preliminary default? judgment before confirming a ?final? judgment of default. Now, Louisiana's default judgment process takes away defendants' opportunity to request that courts set aside preliminary defaults.
A judgment of default must be confirmed by proof of the demand sufficient to establish a prima facie case. If no answer is filed timely, this confirmation may be made after two days, exclusive of holidays, from the entry of the judgment of default.
If the defendant fails to answer timely, or if he fails to appear at the trial, and the plaintiff establishes a prima facie case by competent and admissible evidence, a default judgment in favor of the plaintiff may be rendered.
A judgment granted on a motion for judgment on an offer of judgment is a final judgment when signed by the judge; however, an appeal cannot be taken by a party who has consented to the judgment. Acts 1996, 1st Ex. Sess., No. 60, §1, eff.