Notwithstanding the provisions of Civil Code Article 2324(C), interruption is considered never to have occurred as to a person named as a defendant who is dismissed from a suit because service of citation was not timely requested and the court finds that the failure to timely request service of citation was due to bad faith. Nonetheless, as to any other defendants or obligors, an interruption of prescription, as provided in Civil Code Article 3463, shall continue.
R.S. 9:5801 active rs title
Involuntary dismissal; failure to timely request service of citation ACTIVE
Actions
References
None.
Cited by
None.
History
- enactment Acts 1997, No. 518, §3, eff. Jan. 1, 1998