Art. 4921. Default judgment; justice of the peace courts; district courts with concurrent
jurisdiction
A. 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.
B. When the suit is for a sum due on an open account, promissory note, negotiable
instrument, or other conventional obligation, prima facie proof may be submitted by
affidavit. When the demand is based upon a promissory note or other negotiable instrument,
no proof of any signature thereon shall be required.
C. When the demand is based upon a right acquired by assignment in an open
account, promissory note, or other negotiable instrument, the court may raise an objection
of prescription before entering a default judgment if the grounds for the objection appear
from the pleadings or from the evidence submitted by the plaintiff. If the court raises an
objection of prescription, it shall not enter the default judgment unless the plaintiff presents
prima facie proof that the action is not barred by prescription. Upon the plaintiff's request,
the court shall hold a hearing for the submission of such proof.
Acts 1986, No. 156, §1; Acts 2017, No. 419, §1; Acts 2021, No. 174, §5, eff. Jan. 1,
2022; Acts 2021, No. 259, §2.