SMJ, Territorial Reach
In Dorothy Doberman's immovable property partition scenario, this fundamental jurisdictional principle codified in La. C.C.P. art. 3 dictates that litigants cannot confer subject matter jurisdiction upon a city court by mutual consent[1][2].
What is the rule that subject matter jurisdiction cannot be conferred by consent of the parties(rendering any resulting decree absolute nullity)?
Under La. C.C.P. art. 1201(C), as highlighted in Paula Poodle v. Bobbie Beagle, citation and service of process must be requested upon all named defendants within this strict temporal delay following commencement of the action.
What is ninety (90) days?
Under La. C.C.P. art. 852, civil pleadings in Louisiana are strictly limited to written petitions, answers, exceptions, and this fourth procedural mechanism.
What are written motions?
In the event Paula Poodle dies of natural causes during pendency of her tort action, La. C.C. art. 2315.1(A)(1)designates this primary class of surviving beneficiaries entitled to inherit the survival action.
Who are the surviving spouse and child or children of the deceased?
Under La. C.C.P. art. 1457, a party in a civil action may serve upon any adverse party a maximum of this number of written interrogatories, including sub-parts, without seeking leave of court.
What is thirty-five (35) written interrogatories?
Under La. C.C.P. art. 1421, statutory discovery methods in Louisiana civil litigation are strictly limited to oral or written depositions, written interrogatories, production of documents or entry upon property, physical and mental examinations, requests for admissions, and this specific medical discovery device.
What is a request for release of medical records?
The statutory limitation under La. C.C.P. art. 4847(B) that explicitly deprives parish and city courts of subject matter jurisdiction over actions involving partition, tutorship, curatorship, or this specific real right.
What is title to or partition of immovable property?
The statutory requirement under La. C.C.P. art. 1234 governing valid domiciliary service, which mandates leaving process at the defendant's dwelling house or usual place of abode with a person satisfying these two qualifications.
What is a person of suitable age and discretion who resides in the domiciliary establishment?
In the Paula Poodle second lawsuit scenario, the specific declinatory exception available under La. C.C.P. arts. 531 & 925(A)(3) when duplicate actions between identical parties in identical capacities are pending in different Louisiana state courts.
What is the declinatory exception of lis pendens?
If a deceased tort victim leaves no surviving spouse, children, father, mother, or siblings, La. C.C. art. 2315.1(A)(4)transmits the survival action to this designated fourth-tier beneficiary class.
Who are the surviving grandfathers and grandmothers of the deceased?
In Bobbie Beagle's deposition notice to corporate employer Rhodolite, Inc., La. C.C.P. art. 1442 obligates the discovering party to describe the examination topics with reasonable particularity, triggering this reciprocal duty by the entity.
What is designating one or more officers, directors, managing agents, or other representative persons to testify on its behalf?
Pursuant to La. C.C.P. art. 1465.1(B), when a defendant serves a request upon a personal injury plaintiff to sign a medical records release, the plaintiff must provide signed authorization forms to the requesting party within this statutory delay.
What is thirty (30) days after service of the request?
In Roberta Rottweiler's action against Rhodolite, Inc., extra-territorial personal jurisdiction over an unlicensed foreign corporation is anchored upon this specific subsection of the Louisiana Long-Arm Statute.
What is La. R.S. 13:3201(A)(2) (contracting to supply services or things in this state)?
Under La. C.C.P. art. 1001(A), the mandatory delay for a Louisiana domiciliary defendant to file an answer after being properly served strictly with citation and petition.
What is fifteen (15) days (or twenty-one days under updated codal revisions)?
Pursuant to La. C.C.P. art. 928, if a defendant files an answer in a duplicate suit without interposing a declinatory exception of lis pendens, this procedural consequence attaches to the unpleaded objection.
What is waiver of the exception?
Pursuant to La. C.C.P. art. 801, the ex parte procedural mechanism by which a legal successor voluntarily substitutes themselves for a deceased party during a pending civil action.
What is an ex parte written motion supported by proof of quality?
Pursuant to La. C.C.P. art. 1436.1, depositions upon oral examination may be conducted via telephone or other remote electronic means under these two alternative procedural circumstances.
When agreed upon by every party to the action OR ordered by the court?
Under La. C.C.P. art. 1447(B), if a party notices a non-party deposition but fails to serve a subpoena upon that witness, and the witness consequently fails to attend, the court may order the noticing party to pay the adverse attorney this remedy.
What are reasonable expenses incurred, including reasonable attorney's fees?
Pursuant to La. R.S. 13:3204, service of citation and petition upon an unregistered foreign corporation located outside Louisiana must be effectuated through these specific delivery channels.
What are registered mail, certified mail, or commercial courier?
Pursuant to La. C.C.P. art. 1001(A), when a plaintiff serves written discovery requests alongside the original petition, the defendant's legal delay to respond to the lawsuit is extended to this timeframe.
What is thirty (30) days after service of process?
Under La. C.C.P. art. 531, when two duplicative actions proceed without objection because no declinatory exception was filed, this judicial outcome dictates the final disposition of the remaining action.
What is that the first final judgment rendered shall be conclusive of all (extinguishing the other under res judicata)?
In the Paula Poodle v. Bobbie Beagle hypothetical, a defendant seeking to attribute fault to the plaintiff or a non-party at trial must specifically plead comparative negligence under La. C.C.P. art. 1005 as this responsive entry.
What is an affirmative defense in the answer?
Under La. C.C.P. art. 1458, a party served with interrogatories who considers them overly burdensome must serve written answers or objections under oath within this statutory delay.
What is thirty (30) days after service of the discovery?
Under La. C.C.P. art. 1467(C), before a party may obtain an order deeming requests for admissions admitted in district court litigation, counsel must certify compliance with this local rule requirement regarding informal resolution.
What is a Rule 10.1 Certificate of Conference?
Under La. R.S. 13:3203, when personal jurisdiction is asserted over a nonresident under the Long-Arm Statute, venue is statutorily authorized in any parish of proper venue under general rules or in this specific forum.
What is the parish of the plaintiff's domicile?
Under La. C.C.P. art. 5059, in computing a statutory response period, the day of the precipitating act is excluded, and if the final day falls on a weekend or legal holiday, the deadline is extended to this day.
What is the next subsequent business day that is not a legal holiday?
In Charlie Chihuahua's multi-claim action against Paula Pug, La. C.C.P. art. 462 permits the cumulation of distinct tort and contract claims in a single petition provided they meet these three statutory criteria.
What is each action being within the court's jurisdiction, brought in proper venue, and being mutually consistent and employing the same form of procedure?
Under La. C.C.P. art. 371, an attorney as an officer of the court is bound by an affirmative duty of reasonable diligence to verify evidence authenticity and is strictly prohibited from offering evidence known to be modified in this manner.
What is evidence that is false or artificially generated or altered by any means?
To compel an evasive or non-responsive party to answer written interrogatories or comply with production requests, counsel must file this formal application under La. C.C.P. art. 1469.
What is a motion for an order compelling discovery?
Under La. C.C.P. art. 967(B), when a motion for summary judgment is properly made and supported by competent affidavits or discovery, the adverse party may not rest upon these pleadings but must set forth specific facts showing a genuine issue for trial.
What are the mere allegations or denials of the adverse party's pleading?
Under La. C.C.P. art. 4871, this constitutional and statutory adjudication device is strictly prohibited in all cases before city courts, parish courts, and justices of the peace.
What is a trial by jury?
Under La. C.C.P. art. 1202, the statutory instrument signed by the clerk of court under judicial seal commanding the defendant to comply with the demand or file an appearance under penalty of default.
What is a citation?
Under La. C.C.P. art. 966(A)(3), a motion for summary judgment shall be granted if the supporting documents demonstrate no genuine issue as to material fact and that the mover is entitled to judgment as a matter of law based strictly on evidence enumerated in this subparagraph.
What are pleadings, memoranda, affidavits, depositions, answers to interrogatories, certified medical records, written stipulations, and admissions?
Pursuant to La. C.C.P. art. 1031(B), the statutory enumeration of incidental demands comprises reconventional demands, cross-claims, interventions, and this fourth device.
What is a third-party demand?
Under La. C.C.P. arts. 1466 & 1468, a matter admitted pursuant to a request for admission is conclusively established unless the court, on motion, permits withdrawal or amendment under this standard.
What is when the presentation of the merits will be subverted thereby, and the relying party fails to establish prejudice in maintaining the action or defense?
In La. C.C.P. art. 463, multiple plaintiffs seeking to cumulate distinct claims against a single defendant must satisfy this foundational legal nexus requiring common factual or legal issues.
What is a community of interest?