Motions
Sumary Judgement
Appropriate to file upon pleadings and other evidence, there is no genuine dispute of material fact, and movant is entitled as a matter of law. filed 65 days before trial, objected to 15 before hearing is set. Hearing set 30 days from filing and more than 30 days from start of trial
Challenge an Expert
File a motion for a pre-trial hearing to challenge the expert's credentials and methodologies under the La Code of Evidence, Rules 702-705. Hearing at least 60 days before trial. Judge must rule at least 30 days before trial.
Judge Recusal
(1) a witness; (2) has been employed or consulted as an attorney in the cause or been associated with an attorney in the latter's employment in the cause and the judge participated in representation in the cause: (3) is the spouse of the party, an attorney employed in the cause, child or immediate family member is a party pr attorney employed in the cause; (4) baised, prejudciedm or interested in the cause or its outcome toward against the parties or the parties attorney, or any witness to such the extent that he would be unable to be fair and impartial
Requesting a deposition on a biz entity
1442 - Provide notice naming the biz at the deponent and designate with reasonable particularity the matters on which the examination is requested. Biz must designate the appropriate officers, directors, employees to testify and make them avaiable.
Number of Interrogatories
35
JNOV
Judgement not withstanding verdict. Filed 7 days from the date of the notice of the signing of judgment. Considering the evidence in the light most favorable to the non-movant, the facts and inferences weight so strongly and overwhelmingly in favor of a party that reasonable persons could not come to a contract result. But if there is evidence of such weight and quality that reasonable minds can differ, it must be denied.
Expert Reports-Timing
An expert report must be submitted at least 90 days before trial. To rebut, the opposing party must submit their expert's report w/i 30 days of the submission of the initial report.
Requesting a Jury Trial
either side may request. Must be requested within 10 days of the filing of any pleading that raises an issue triable by jury or the granting of another party's motion to withdraw a jury demand. Must file a bond or cash deposit in the amount and at the time the court determines and must pay to the court's clerk a $150 jury filing fee.
Deposing a Non-party
Must issue a subpoena. Witness who resides in La can be compelled to testify at a deposition anywhere in the state. The requesting party must serve the witness with notice of the deposition-name, date, time, and location, and manner. Notice authorizes the court to issue the subpoena which must be served by sherriff within a reasonable time before the depo. If witness lives 100+ away,requesting party must pay travel expenses at the state rate and $50/day witness fee.
Service
Individuals-domicilary service
Long Arm-(1) certified mail-return reciept requested; (2) ACTUAL DELIVERY by commercial courier or one authorized to make service is that state; (3) IF not by 1 or 2, service on attorney at law appointed to rep. DF in the matter by court (attorney at hoc)
Corps-personal service on the registered agent, or if none, any officer, director or employee of sutiable age and discretion where corp regularly does business. If not, on SoS after certifiying a dilegent effort was made
Default Judgment
entered for failure to timely respond-state courts 21 days, city courts 10 days and long arm 30 days from filing the affidavit of service. Upon expiration of the time delays, default judgment would be entered if the PL put on a prima facie case. When entered, it is a final judgment.
Expert Report Requirements
Credentials, opinions, data and info upon which those opinions are based, publications within the last 10 years; trials they have testified as an expert within the preceding 4 years.
Jury Concurrence-12 jurors and 6 jurors
12=9 in concurrence
6 = 5 in concurrence
Documents for Summary Judgment
Pleadings, memoranda, affidavits, depositions, answers to interrogatories, written stipulations, and admissions.
Rule to Show Cause why Bond Not Sufficient
File a rule to show cause why the bond should not be decreed insufficient or invalid and why the suspensive appeal should not be set aside. If alleged insufficiency is based on the insolvency of a surety, DF has burden to prove.
Directed Verdicts
At the conclusion of either party's case-a party may move for a directed verdict on the grounds that the opposing party has no right of relief. Facts and inferences are so overwhelmingly in favor of the moving party that reasonable minds could not reach a contradictory verdict.
Compelling Physical or Mental Exams
Adverse party may be compelled to undergo such an exam ONLY if the physical or mental condition of the party is at issue. Exam must be done by a medical doctor, vocational rehab expert, or licensed clinical psychologist. Must deliver a copy of the exam w/ the doctor's conclusions to the other party if requested. By requesting the report, the examining party waves any past or future patient position privilege pertaining to the disputed condition.
Juror Challenges
Peremptory-12 jurors = each side has 6 challenges and up to 4 more if there are additional parties. 6 jurors=3 challenges and up to 2 more if there are multiple parties. Cannot lodge peremptory challenge after jury is sworn
For cause-reasons (1) juror lacks qualifications; (2) juror has formed an opinion about the case or is otherwise not impartial; (3) relations b/t the juror and a party or an attorney that would influence the juror; (4) juror has been on a jury for the same case or a case arising out of the same facts; (5) juror takes 5th during vior dire
Subpoena Duces Tecum OR Request for Production of Documents/Things/Inspection on Land
Subpoena Duces Tecum-applicable to non-parties. Compels a witness to bring certain documents, tangible things, or ESI-May object within 15 days of service or before time specified for compliance, if less than 15 days, object in writing.
Request for Production of Documents/Things/Inspection on Land-may serve on any PARTY.Once served, adverse party must make all specified materials avaialble for inspection, copying, testing, or sampling or permit entry upon land for inspection within 30 day of service (or 30 days to object)
Exceptions
Declinatory-before or in answer, but must be before entering of a default judgment-III-LL
Dilatory-before or in answer, but must be before entering of a default judgment-LI-PV
Peremptory-at any time before case goes for decision-PR-NN-L
Attorney Conduct
An attorney is expected to act with the decorum consistent with the dignity and authority of the court; treat all participants with due respect; not interrupt opposing counsel or impede the judicial process; and not knowlingly encourage or produce false evidence
Request for Release of Medical Records
Any party may serve on any other party a request that he sign a release directing a specific health care provider to release records of the party whose medical condition is at issue. Party has 30 days to sign the release or object. Once release is obtained, party should send copy to healthcare provider and subject party at the same time. W/i 7 days of receipt of the records, a copy should be sent to the subject party.
Reasons a judge would grant a new trial
(1) verdict is cearly contrary to evidence or law; (2) jury bribery or misconduct; (3) new evidence has been discovered that could not have reasonbably been discovered before or during trial
Requests for Admissions
Can only be served on an adverse party. If no answer is provided within 30 days, the fact is considered conclusively proven or the document is considered genuine. Must admit, deny, or state that he has no knowledge.
Exception of Lis Pendens
when two or more actions are pending in different courts on the same matter with the same parties in the same capacity. All but the first will be dismissed. If DF files answer in the 2d, they waive the right to the exception.