Term
| If atty is unprepared for PTC or fails to obey? |
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Definition
The court may make orders sua sponte that are just
Ct may order sanctions |
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Term
| What happens with a motion for judgment on offer of judgment when the offeree rejects it? |
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Definition
20 days or more before trial a party make a written offer to settle claims without admission of liability
However, if the final jdmt is 25% less than the amt of the offer of jdmt made by the offeror, the offeree must may the costs excluding atty's fees, incurred after the offer was made. |
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Term
| What happens with a motion for judgment on offer of judgment when the offeree accepts it? |
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Definition
Any party may move for jdmt on the offer within 10 days of service.
When signed by the judge and consented to its not appealable |
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Term
| When may cases be consolidated? |
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Definition
When two or more separate actions are pending in the same court, they may be consolidated in the section or division in which the first filed action is pending if
common issues of law and fact predominate and,
if a trial date has been set in a subsequently filed action, the court finds that consolidation is in the interest of justice.
A contradictory hearing is required unless all parties in all the cases to be consolidated consent. |
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Term
| Cases will not be consolidated if it would: |
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Definition
Lead to jury confusion
Prevent a fair trial
Undue advantage
Prejudicing Rights |
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Term
| When are parties allowed to order separate trials? |
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Definition
simplify the proceedings
permit a more orederly disposition of the case
in the interest of justice
e.g. separate liability and damages |
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Term
| When can a party get a priority trial date? |
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Definition
70 yrs old
or
presents medical docs that they will not survive past 6 mos. |
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Term
| Peremptory Grounds for continuances? |
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Definition
A party is unable with due dil to obtain material evidence
or
a material witness has absented himself*
*can get around if the adverse party requests the expected testimony to be disclosed and admits to it. |
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Term
| Can live video testimony be used? |
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Definition
| yes, upon showing of safeguards and a showing that the witness is beyond subpoena power of the ct or when compelling circumstances are shown. |
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Term
| How do you get excluded evidence to be part of the record? |
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Definition
voice an objection for the material to be perserved for appeal
At request, the ct may allow excluded evidence to be offered, subject to cross-x (1) on the record during recess (2) by depo with 30 days of exclusion or completion of trial. |
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Term
| When can a π get a voluntary dismissal? |
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Definition
w/o prejudice prior to any appearance
after appearance, the ct may decline to grant dismissal except with prejudice. |
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Term
| When can a ∆ get an involuntary dismissal? |
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Definition
1. If π fails to appear for trial (Exception if there is pending settlement)
2. If NON-jury trial after close of π's case on the grounds π has shown no right of relief.
3. w/predjucie against unserved ∆ (not requested within 90 days) |
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Term
| There is a right to a trial by jury except when: |
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Definition
1. Amount does not exceed $50K
2. Status Proceedings: divorce, tutorship...
3. Summary/executory
4. Suits against political subdivision EXCEPT THE STATE |
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Term
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Definition
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Term
| When must a jury request be made? |
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Definition
| w/in 10 days of filing of the pleadings that raise an issue triable by a jury. |
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Term
| How many peremptory challenges? |
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Definition
Jury of 12 --> 6 challenges with up to 4 more if multiple parties
Jury of 6 --> 3 with up to 2 more |
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Term
| When can you challenge a juror for cause? |
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Definition
Lacks legal qualifications (18, La. res, english, no felony conviction)
Biased/not impartial
Related to party or atty
juror pleads the fifth |
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Term
Preemptory challenges may be exercised up to _________?
For cause challenges may be exercised up to _________? |
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Definition
Jury accepted and sworn
the taking of evidence |
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Term
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Definition
| Yes, but they destroyed immediately upon return of the verdict. |
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Term
| When can a judge get instructions? |
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Definition
May during trial
Must after the trial
A party may filed written request for jury instructions |
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Term
If 12 juror, __ are needed for verdict.
If 12 juror, __ are needed for verdict. |
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Definition
9
5
Parties may stipulate less jurors needed for verdict |
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Term
| When can mtn for directed verdict be made? |
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Definition
| at the close of the other side's case and contain a statement of the grounds |
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Term
| What is the standard for a directed verdict? |
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Definition
The facts and inferences are so overwhelmingly in favor of the moving party that reasonable persons could not reach a contrary verdict.
**Note directed verdict for jury trials
Involuntary dismissal for NON-jury*** |
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Term
| When can a JNOV be filed? |
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Definition
| 7 days from MAILING of notice of signing jdmt |
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Term
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Definition
| After considering all the evidence in a light most favorable to the non-moving party, if the facts and inferences so strongly and overwhelmingly favor one party that reas person could not reach a contrary result, the ct should grant the mtn. |
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Term
| If JNOV granted, the party whose verdict is set aside |
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Definition
| has 7 days to request a new trial |
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Term
| When the verdict is clearly contrary to the weight of evidence regarding the quatum, the judge can... |
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Definition
| request π or ∆ cosent to change (remittiur -->less, additur --> more) as an alternative to a new trial. |
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