CHAPTER 4. ABANDONMENT OF ACTION
Art. 561. Abandonment in trial and appellate court
A.(1) An action, except as provided in Subparagraph (2) of this Paragraph, 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
(c) In which a testament has been probated.
NOTE: This Subparagraph became null and void on August 26, 2010. See Subparagraph
(A)(6) of this Article.
(2) If a party whose action is declared or claimed to be abandoned proves that the failure
to take a step in the prosecution or defense in the trial court or the failure to take any step in the
prosecution or disposition of an appeal was caused by or was a direct result of Hurricane Katrina
or Rita, an action originally initiated by the filing of a pleading prior to August 26, 2005, which has
not previously been abandoned in accordance with the provisions of Subparagraph (1) of this
Paragraph, is abandoned when the parties fail to take any step in its prosecution or defense in the
trial court for a period of five years, unless it is a succession proceeding:
(a) Which has been opened;
(b) In which an administrator or executor has been appointed; or
(c) In which a testament has been probated.
(3) This provision shall be operative without formal order, but, on ex parte motion of any
party or other interested person by affidavit which provides 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 Article 1314,
and shall execute a return pursuant to Article 1292.
(4) 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 Article 1913(A) and
shall file a certificate pursuant to Article 1913(D).
(5) 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.
(6) The provisions of Subparagraph (2) of this Paragraph shall become null and void on
August 26, 2010.
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.
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. July 1, 1998; Acts 2003, No. 545, §1; Acts 2007,
No. 361, §1, eff. July 9, 2007.