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Rule 185. Suit on Sworn Account


When any action or defense is founded upon an open account or other claim or claims for goods, wares and merchandise, including claims or suits for liquidated money demands based upon written contracts or based on business dealings between the parties, or for personal service rendered, on which a systematic record of said account has been kept, supported by the affidavit of the party, his agent or attorney taken before some officer authorized to administer oaths, to the effect that such cause of action is, within the knowledge of affiant, just and true, that it is due, and that all just and lawful offsets, payments and credits have been allowed, the same shall be taken as prima facie evidence thereof, unless the party resisting such claim shall, before an announcement of ready for trial in said cause, file a written denial, under oath, stating that such account is not just or true, in whole or in part, and if in part only, stating the items and particulars which are unjust; provided, that when such counter-affidavit shall be filed on the day of the trial the party claiming under such verified account shall have the right to con­tinue such cause until the next term of court; when he fails to file such affidavit, he shall not be permitted to deny the account, or any item therein, as the case may be.

Source: Art. 3736, unchanged.

Oct. 29, 1940, eff. Sept. 1, 1941.


Oct. 12, 1949, eff. March 1, 1950

July 21, 1970, eff. Jan. 1, 1971

Dec. 5, 1983, eff. April 1, 1984