Art. 1702.1. Confirmation of preliminary default without hearing in open court; required
information; certifications
A. When the plaintiff seeks to confirm a preliminary default without appearing for
a hearing in open court as provided in Article 1702(B)(1) and (C), along with any proof
required by law, he or his attorney shall include in an itemized form with a written motion
for confirmation of preliminary default and proposed final default judgment a certification
that the suit is on an open account, promissory note, or other negotiable instrument, on a
conventional obligation, or on a check dishonored for nonsufficient funds, and that the
necessary invoices and affidavit, note and affidavit, or check or certified reproduction thereof
are attached. If attorney fees are sought under R.S. 9:2781 or 2782, the attorney shall certify
that fact and the fact that the number of days required by R.S. 9:2781(A) or 2782(A),
respectively, have elapsed since demand was made upon the defendant.
B. The certification shall indicate the type of service made on the defendant, the date
of service, and the date a preliminary default was entered, and shall also include a
certification by the clerk that the record was examined by the clerk, including therein the date
of the examination and a statement that no answer or other pleading has been filed within the
time prescribed by law or by the court.
Added by Acts 1984, No. 507, §1. Acts 1987, No. 182, §1; Acts 1992, No. 292, §1;
Acts 2001, No. 1075, §2; Acts 2017, No. 419, §1.