§ Art. 1672 Involuntary dismissal

Art. 1672. Involuntary dismissal

    A. (1) A judgment dismissing an action shall be rendered upon application of any party, when the plaintiff fails to appear on the day set for trial. In such case, the court shall determine whether the judgment of dismissal shall be with or without prejudice.

        (2) The court, on its own motion, may dismiss an action without prejudice when all the parties thereto fail to appear on the day set for trial; however, when a case has been dismissed pursuant to this provision and it is claimed that there is a pending settlement, either party may reinstate the suit within sixty days of receipt of the notice of dismissal, and any cause of action which had not prescribed when the case was originally filed shall be fully reinstated as though the case had never been dismissed.

    B. In an action tried by the court without a jury, after the plaintiff has completed the presentation of his evidence, any party, without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal of the action as to him on the ground that upon the facts and law, the plaintiff has shown no right to relief. The court may then determine the facts and render judgment against the plaintiff and in favor of the moving party or may decline to render any judgment until the close of all the evidence.

    C. A judgment dismissing an action without prejudice shall be rendered as to a person named as a defendant for whom service has not been requested within the time prescribed by Article 1201(C) or 3955 upon the sustaining of a declinatory exception filed by such defendant, or upon contradictory motion of any other party, unless good cause is shown why service could not be requested, in which case the court may order that service be effected within a specified time.

    PROSPECTIVE APPLICATION; COMMENTS--ACTS 2010, NO. 407

     Sections 2 and 3 of Acts 2010, No. 407 (§ 1 of which amended par. C of this article) provide: 

     “Section 2. The provisions of this Act shall be applied prospectively only. 

     “Section 3. The Louisiana State Law Institute is hereby directed to prepare comments to the provisions of this Act.” 

    LOUISIANA STATE LAW INSTITUTE NOTE--2011 COMMENTS

    Acts 2010, No. 407, amended Articles 925(A)(2) and 1672(C), and enacted Article 3955. The legislation was enacted without the involvement of the Louisiana State Law Institute. Section 3 of the Act directed the Law Institute to prepare comments.

    APPLICATION--ACTS 1997, NO. 518

    Acts 1997, No. 518, effective January 1, 1998, amended this article by adding par. C, relating to dismissal of an action when service on a defendant is not timely requested. Section 5 of Acts 1997, No. 518 provides:

    “Section 5. The provisions of this Act shall be applicable only to suits filed on and after its effective date.”