How do I set aside a default judgment in Louisiana?

1. Governing Rule. La. C.C.P. art. 1974 governs motions for new trial; arts. 2002-2006 govern actions to annul a final judgment. Default judgments are entered under La. C.C.P. arts. 1701-1704.

2. Grounds. Art. 2002 (absolute nullity): rendered against incompetent defendant not properly represented; rendered without valid service; rendered by a court without jurisdiction. Art. 2004 (relative nullity): obtained by fraud or ill practices. Art. 1974 (new trial): good ground exists, including newly discovered evidence and any peremptory ground (judgment clearly contrary to law and evidence).

3. Deadline. Art. 1974: 7 days from notice of judgment for new trial. Art. 2004: within one year of discovery of the fraud or ill practices. Art. 2002 nullities: any time, no prescription.

4. Mandatory vs Discretionary. New trial is mandatory under art. 1972 if the verdict is clearly contrary to law and evidence; discretionary under art. 1973 for any good ground. Nullity actions are governed by statutory grounds.

5. Required Showing. Verified petition or motion alleging specific grounds; affidavits of meritorious defense if seeking new trial.

6. Filing Procedure. Motion for new trial (in same suit) or petition to annul (separate suit in the rendering court). Serve all parties.

7. Bond / Conditions. Court may condition any conditional vacatur on payment of costs.

8. Appeal of Denial. A final judgment denying nullity is appealable under La. C.C.P. art. 2083; denial of new trial is reviewable on appeal of underlying judgment.

9. Collateral Attack. An absolutely null judgment under art. 2002 may be attacked collaterally at any time.

This is legal information, not legal advice.