I

Incidental Demand

1. SOP on def or his agent for SOP

2. SOP on def through sec of state

Non resident motor vehicle owner

non resident watercraft operator in LA

foreign/alien insurers bus in LA w/o certificate of auth

3. SOP upon atty of law (curator ad hoc)

4. appt atty to represent def when court has jurisdiction

5. Def's failure to timely file a declinatory exception for lack of PJ

6. Def's submission to PJ

1. minimum contacts

2. fair play and substantial justice

purposefully avail tself of benefits of doing business in forum

engage in a sufficient amount of business to "reasonably anticipate being hauled into court there"

more than placing in stream of commerce

Reconventional Demand

(like a counterclaim in fed ct.)

def in principal action may assert any causes of action which he may have against the plaintiff in the principal action-->even if those parties are domiciled in the same parish

Issued by Clerk of court

action is pending at the request of a party tot the suit

Shall contain:

1. Name of court

2. title of action

3. comman attendance of witness (time and place specified)

*Witnesses who reside/work in LA maybe be subpoenaed to attend trials or hearings anywhere in the state.

Party by petition may assert as a crossclaima demand against  a co-party arising out of the transaction or occurence that is the subject matter.

Intervention

THIRD PERSON having interest therein may intervene in a pending  action to enforce a right related to or connected with the object of the pending aaction against one or more of the parties by:

1. joining w/ plaintiff in demanding the same or similar relief against the def

2. joining with the def in resisting the plaintiff's demand, OR

3. opposing both plaintiff and defendant

Def in principal action by petition may bring in any person, including a codefendant, who is his warrantor, or who is or may be liable to him for all or part of the principal demand.

Plaintiff in principal action may asset any demand against the 3rd party def arising out of or connected w/principal demand.

3rd party may plead ojections & defenses and reconvene against plaintiff in principal action or 3rd party plaintiff, on any demand arising out of or connected w/principal demand

means of defense

other than a denial or avoidance of the demand

used by the defendant,

whether in the principal or incidental action

to retard, dismiss, or defeat the demand brought against him

1. name and surname of exceptor

2. particularity the objections urged and the grounds

3. prayer for relief sought

*declines the jurisdiction of the court*

1. insufficiency of citation

2. insufficiency of SOP

3. improper venue

4. Lis pendens

5. Lack of PJ

6. Lack of SMJ (not waived)

*retards progress of the action*

1. Prematurity

2. want of amicable demand

3. unauthorized use of summary proceeding

4. Noncomformity of the petition w/requirements of form

5. Vagueness or ambiguity of the petition

6. Lack of procedural capacity

7. Improper cumulation of actions, including improper joinder of parties

8. Discussion

*dismisses or defeats the action*

1. Prescription

2. Peremption

3. Res Judicata

4. Nonjoinder of party under 641 or 642

5. No cause of action

6. No right of action, or no interest in the plaintiff to institute suit

7. Discharge in bankruptcy

Defendantshall file answer within 15 days after service of citation

10 days w/n service of citation

If served through secretary of state-->15 days

Default Judgment

may be obtained by oral motion in the court or written motion mailed to the court after 15 DAYS of NO ANSWER

Must send certified letter w/notice of judgment

confirmation in 7DAYS if NO ANSWER

send certified copy of minutes entry of judgment to atty general

Plaintiff must file affadavit to swear to sending minute entry

confirmation of default w/n 15DAYS of certified letter if no answer is filed.

court ordered document

compels witness to bring certain documents or tangible things with him

If it does not name a person, any other person knowing about the documents may appear to give info about them

File a moition to compel production for compliance w/subpoena

still doesn't comply-->can file for contempt & ask for sanctions

Application to the court for an order

must be in writing--unless presented in other pleading or made during the trial/hearing/or open court

when order sought is one to which the mover is not clearly entitled, or which requires supporting proof.

no genuine issue of material fact AND

mover is entitled to judgment as a matter of law

P's motion may be filed after answer---D's motion may be filed at any time

1. competent affidavits

2. on personal knowledge AND

3. containing facts admissible at trial

Summary judgment will result in

1. a summary judgment may be rendered on a particular issue, theory of recovery, cause of action, or defense in favor of one more parties

2. in favor of one party

3. eventhough granting summary judgment does not dispose of entire

4. NOT a final appealable judgment, unless designated by the court

- any party may move for judgment on the pleadings AFTER THE ANSWER IS FILED but w/n such timenot to delay the trial

- court looks ONLY at the pleadings & considers all the mover's undenied allegations as true, and all opponent's allegations, as true

final judgments & shall be rendered in the same manner and the same effect as if the trial had been had upon evidence regularly adduced

If mover does not get all the relief prayed for, court retains jurisdiction

court on its own motion or that of any party may at any time strike from a pleading:

1. any insufficient demand

2. any redundant, immaterial, or scandalous matter

1. simplification of issues

2. necessity or desirability of amendment to pleadings

3. what material facts exist

4. proof of documents

5. limitations or restrictions on expert testimoney

6. Control and scheduling of discovery

7.issues relating to claims of privilege or protection of trial prep materials

8. Identify witnesses

9. Presentation of Evidence

Cases may be when there are common issues of LAW and FACT involved in each case w/a contradictory hearing required.

Cases will not be consolidated if it would:

1. cause jury CONFUSION

2. prevent a fair and impartial trial

3. Give one party an undue advantage

4. Prejudice the rights of any party

When a party applies for continuance on account of the absence of a material witness, an adverse party may require him to disclose on oath what facts he ontends to prove by such witness.

If the adverse party admits that if the witness were present, he would testify as stated in the affadavit, the court shall proceed to the trial of the case.

P opening statement

D opening statement

P evidence presentation

D evidence presentation

P rebuttal evidence presentation

P's argument

D's argument

P's argument

Plaintiff may obtain a voluntary dismissal W/O PREJUDICE PRIOR to any appearance of record by defendant;

Following any appearance, the court may decline to grant the dismissal except W/PREJUDICE

1. P fails to appear for rtrial

2. action tried w/o a jury, any party may move for involuntary dismissal after the close of the plaintiff's case on the ground that upon the facts and law--P has shown no right to relief

1. amount of no indiv. petition's cause exceeds $50,000(exclusive of interest & costs)

2. suits on promissory notes where no FORGERY, FRAUD, ERROR, WANT, OR FAILURE OF CONSIDERATION

3. Summary, executory, probate, partition, mandamus, habeas corpus, quo warranto, injunction, concursus, worker's comp, emancipation, tutotrship, interdiction, curatorship, filiation, annulment of marriage, or divorce proceeding

4. custody, visitation, alimony, or child support

5. proceeding to review an action by an administrative or municipal body

6. admiralty or maritime claim brought under "savings to suitor" clause

7. suits against a political subdivision(city, municipality)---trials against the state allowed

12 jurors--unless parties stipulate that case be tried by 6

12 --9 needed to render verdict

6 --5 needed to render verdict

Juror may be challenged for cause based upon any of the following:

1. lacks qualifications

2. formed an opinion in the case or is not otherwise impartial--cause of bias immaterial

3. relationship between juror and part or atty would influence juror

4. juror served on a previous jury, which tried the same case or one arising out of the same facts

5. juror pleads the 5th(refuses to answer) on a voir dire examination

12- 6 p challenges + up to 4 addt'l challenges

6- 3 p challenges + up to 2 addt'l challenges

1. FINAL judgments

2. INTERLOCUTORY judgments which may cause IRREPARABLE INJURY; or

3. Judgment reformed in accordance w/ a remittitur or additur

Are reviewable by SUPERVISORY WRIT of an appellate court.

Not an apeal of right, but a discretionary review by the appellate court.

may review both the law and facts in civil matters.

Fact findings, whether by a judge or jury, will not be disturbed unless there is manifest error.

Law findings will be reviewed by determining whether they are correct or incorrect

Permits appeal as of right in any civil matter.

May review questions of law and fact

Discretionary Appeal and certain appeals of right.

Done by writ of certiorari

*Does not suspend the effect or the execution of an appealable order or judgment*

Does not require a bond

appeal must be taken 60DAYS of when:

1. time for filing motion for new trial or JNOV has elapsed

2. denial of timely motion fo r new trial or JNOV is entered

3. delay commences AFTER court acts upon last post-judgment motion

4. time limit is interrupted for all parties upon the filing of notice of removal in a fed dist court & commences anew on the date the proceeding is remanded.

5. when one or more parties files motions for new trial or JNOV--the delay period specified shall commence for ALL parties at the time they commence for the party whose motion is LAST to be acted upon by trial court.

If granted before the court disposes of all timely filed motions for a new trial or JNOV.

Order becomes effective upon the denial of such motions.

*suspends the execution a judgment DURING the time the appeal is pending. Generally used by a defendant that is appealing.

*must file appeal bond(150% of judgment max)*

Effective when BOTH the PETITION for appeal and suspensive appeal BOND are properly & timely filed

Appeal must taken w/n 30DAYS of when:

1. time for filing a motion for a new trial or JNOV has elapsed

2. denial of a timely motion for a new trial or JNOV is entered

3. interrupted bc of removal to Fed Ct.

4. Interrupted until the court fixes the amt of security & commences anew on the date security is fixed.

5. Interrupted bc of supervisory writ to review amt of security fixed & commences anew on the date the action is taken.

Suspensive Appeal Bond

1. Judgment for a sum of money--security shall be equal to the amt of the judgment including interest until the security is furnished(exclusive costs)

2.judgment distributes a fund held in court's registry--security must ONLY cover costs

3. all other cases- court shall fix security sufficient to assure satisfaction of the judgment together w/damages for the delay resulting from the appeal

*if security not posted, appeal will be considered a devolutive appaela and the trial court's judgment may be executed during pendency of the appeal.