Louisiana Revised Statutes 13:5219 – A. A defendant shall register for an account within the program, link the claim to an existing account within the program, or seek an exemption from participating in the program with
Terms Used In Louisiana Revised Statutes 13:5219
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A. A defendant shall register for an account within the program, link the claim to an existing account within the program, or seek an exemption from participating in the program within ten days of service of the affidavit of claim.
B. A defendant who seeks an exemption and is denied the exemption shall register for an account within the program or link the claim to an existing account within the program within ten days of receiving the denial.
C. If a defendant fails to register or request an exemption within the delays provided in this Section, the plaintiff may file a motion to enter a default judgment in an amount not to exceed the amount requested in the affidavit of claim.
D. While participating in the program, the defendant may raise and present evidence on any reconventional demand or counterclaim without the need to formally file a demand or claim. The program may result in an agreement with the defendant as the judgment creditor. However, if an agreement or settlement of the claim is not reached, the defendant may file a reconventional demand or counterclaim and pay the appropriate filing fee no later than ten days after referral to the clerk to set the matter for a trial de novo.
Acts 2021, No. 281, §1.
NOTE: See La. Rev. Stat. 13:5226 regarding termination of this Part on Aug. 1, 2025.