CIVIL PROCEDURE OUTLINE

I. JURISDICTION
A. Subject Matter jurisdiction: court’s ability to hear particular types of actions based on the object,
amount, or value. Can’t get SMJ through the consent of the parties, and a judgment by a court lacking
SMJ is void.
Court Can Hear CANNOT Hear
-Concurrent jurisdiction with district -Title to immovable property
court. -Right to public office or position
-Cases where the amount in dispute or -Assertion of civil/political rights under
value of property does not exceed $20,000 Constitution
Parish -Incidental demands stemming from the -Annulment/divorce, etc.
main demand (regardless of amount in -Succession, interdiction, liquidation.
dispute), except a compulsory -Habeas corpus, quo warranto
reconventional demand that exceeds the -Case where state, parish, or other political
court’s jurisdiction. entity is D.
-Concurrent jurisdiction with district -Title to immovable property
court. -Right to public office or position
-Cases where the amount in dispute or -Assertion of civil/political rights under
City value of property does not exceed $15,000 Constitution
(regardless of amount in dispute), except a -Annulment/divorce, etc.
compulsory reconventional demand that -Succession, interdiction, liquidation.
exceeds the court’s jurisdiction. -Habeas corpus, quo warranto
-Case where state, parish, or other political
entity is D.
-Adoption, tutorship, emancipation, partition.
-Executory proceeding
-In rem/quasi in rem proccedings
-Injunction proceedings
District Original, general jurisdiction

Courts of Appeal of right in any civil matter.

Appeal
Supreme -Original jurisdiction over disbarment
Court issues
-Appeal of right for constitutionality of a
statute and death penalty issues.
-Discretionary supervisory jurisdiction
over everything else
B. Personal jurisdiction: “legal power and authority of a court to render a personal judgment”  the
exercise of jurisdiction requires: (4 possibilities)
1. Presence within the state: service of process on the Δ or his agent or express waiver. Secretary
of State appointed as agent for motor vehicle operators, watercraft operators, and foreign insurers
transacting business in LA without a certificate of authority
2. Domicile within the state: when “absent or incompetent Δ” is domiciled in LA, serve the
attorney appointed by the court (curator ad hoc)
3. Consent: consent by “commencing an action or by waiver of objection to jurisdiction by
failure to timely file the declinatory exception.”
4. Appointment: Court can appoint an attorney to represent the defendant on petition or ex parte
written motion of pl. if court has jurisdiction and the defendant is:

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 a. Non-resident or absentee not served with process who has not waived an objection to
jurisdiction
b. Minor or incompetent w/ no representative
5. Long-Arm Statute:
a. Specific Jurisdiction: when the non-resident acts as to a cause of action arising from
the following:
i. Contract cases: transacting business in LA, service/supply in LA
ii. Tort cases:
a. Injury/damage caused by act or omission in LA
b. Injury/damage in LA caused by act or omission elsewhere if the non-
resident regularly does business, engages in a persistent course of conduct,
or derives substantial revenue from goods/services in LA.
iii. Immovable property in LA
iv. Non-support of LA domiciliary by former LA domiciliary
v. Parentage/support of child conceived by D when he resided or was in LA
vi. Manufacturing of a device that could foreseeably make its way to LA though
commerce
b. General jurisdiction: non-resident who has
i. Minimum contacts with LA such that
ii. Maintenance of the suit does not offend traditional notions of fair play and
substantial justice.
C. In Rem Jurisdiction: action concerning property in LA gives jurisdiction over the owner.
1. Quasi in rem jurisdiction: legal power of a court to render a money judgment against a non-
resident for an action that begins with a writ of attachment on his property in LA.
D. Jurisdiction Over Status
1. Adoption:
a. Any parent of the child is an LA domiciliary for at least 8 months.
b. Child born in LA
c. Child in custody of DDS
d. Adult adoption: either party domiciled in LA
2. Emancipation: minor domiciled in LA
3. Interdiction:
a. Interdict domiciled in LA
b. Interdict is in LA and owns property here
4. Tutorship and curatorship
a. Minor/interdict/absentee is domiciled in LA
b. Minor/interdict/absentee owns property in LA
5. Child custody: minor is in LA or is a domiciliary
6. Annulment and divorce: one or both parties domiciled in LA at time of filing
7. Action to establish or disavow parentage:
a. Child domiciled in, born in, or acknowledged in LA
b. Mother domiciled in LA when child born
c. Person seeking to disavow was domiciled here at time of conception and birth.
II. VENUE
A. General Rules – Art. 42.
1. Individuals

Type of individual Venue

Domiciled in LA Parish of domicile
Resides in LA but domiciled elsewhere Parish of residence

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Nonresident with agent for service Parish of agent’s PO box address
Nonresident without agent for service Parish of plaintiff’s domicile or where service is made

2. Corporations and LLCs

Type of corporation/LLC Venue

Domestic
Foreign and licensed to do business in LA
Foreign and not licensed to do business in
LA
Parish of registered office
Parish of primary business office (as designated in application
to do business); or parish of primary place of business
Parish of plaintiff’s domicile or where service is made

3. Insurers

Type of Insurer Venue

Domestic Parish of registered office
Foreign/alien East Baton Rouge

4. Partnerships and unincorporated associations: parish of principal business establishment

B. Exceptions to Art. 42 Venue rules
1. If D’s domicile has changed, suits may be filed in the old parish of domicile for up to one
year after the change.
2. Sequestration, Action to enforce mortgage or privilege by ordinary proceeding may be
brought where all or part of the property is located.
3. Joint & solidary obligors: venue that is proper for one (under Art. 42) is proper for all.
4. Tort suits: venue will be proper
a. In the parish where damages were sustained,
b. In the parish where the wrongful conduct occurred,
c. Where the defendant is domiciled; OR
d. Venue where wrongful conduct occurred or may occur (suit for injunction).
5. Action to establish filiation:
a. Child’s domicile
b. Where conception occurred
c. Where either parent resided at conception
d. Where either parent acknowledged the child
e. Where the child was born
6. Action to disavow filiation: parish where child was born or where either parent resided at the
time the child was born
7. Custody and child support:
a. To obtain custody: Parish of either party or last matrimonial domicile
b. To change custody: parish where custodial parent domiciled; custody decree rendered;
(if custodial parent no longer domiciled in state) parish where person seeking custody is
domiciled or parish where custody decree was rendered
c. To register support: parish where person awarded support is domiciled
8. Action on open account or promissory note
a. Open account: parish where account created, parish where underlying services
performed, OR debtor’s domicile
b. Promissory note: parish where note executed OR debtor’s domicile.
9. Insurance suits

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 a. Life insurance: parish of D’s death or where D was domiciled or in the parish where
any beneficiary is domiciled
b. Health and accident policy: parish where insured is domiciled or where the
accident/illness occurred.
c. Any other policy: parish where loss occurred or where insured is domiciled.
10. Action on a contract: parish where contract was executed, signed by any party, or where the
work was performed or was to be performed.
11. Action against person having a business office over a matter which that office had
supervision: parish where business office is located.
12. Action against a domestic corporation whose charter has been revoked: any place it could
have been brought prior to the revocation.
13. Action against partner on partnership matter: venue of partnership
14. Action for dissolution of partnership: parish where partnership’s principal business
establishment is located.
15. Suits involving immovable property: parish where immovable is located or where D is
domiciled.
16. Action involving succession: court where succession is pending.
17. Action to partition community property:
a. Incident to divorce suit
b. Separate action in parish where the marriage was terminated
c. If immovable property: where any immovable is situated
d. If no immovable property: domicile of either spouse
18. Partition of partnership property: same as parts a-c above
19. Louisiana Direct Action Statute: Pl. can sue insurer directly in LA on any liability policy
written or delivered in the state or providing coverage for an accident which occurred in the
state:
a. Where accident occurred
b. Where action COULD be brought against insured or insurer
20. Class action:
a. Pl. class: parish of proper venue for defendant
b. D class: parish of proper venue for any named defendant
C. Objections
1. Objections to venue are waived if not raised prior to making a general appearance or
confirmation of a default.
2. Objection is made by timely filing a declinatory exception of improper venue. Defendant
must raise this; the court cannot.
3. Exception: some venue rules are non waivable (jurisdictional venue)
a. Action to annul judgment  brought in the trial court that rendered judgment
b. Successions
c. Annulment or divorce
d. Emancipation
e. Tutorship
f. Interdiction
D. Change of venue
1. If venue improper: suit may be dismissed or transferred to a court of proper venue (in the
interests of justice).
2. If venue is proper but an impartial trial cannot be had, the suit may be transferred to a parish
where NO party is domiciled.

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 3. Forum non conveniens: If venue is proper, it may be transferred to a parish where suit might
have been brought, if necessary for the convenience of the parties/witnesses and in the interests
of justice.
4. Filing suit in the wrong venue interrupts prescription if service is made w/in the prescriptive
period.

III. Recusal of Judges

A. Mandatory grounds for recusal:
1. Judge is a witness
2. Judge has been employed or consulted as an attorney in the cause
3. Judge has been associated with an attorney during the latter’s employment in the cause and the
judge participated in representation in the cause.
4. Judge is the spouse, parent, child, or immediate family member of a party, an attorney
employed in the cause
5. Judge is biased, prejudiced, or interested in the cause or its outcome, or is biased or prejudiced
toward or against the parties, the parties’ attorney, or any witness to such an extent that he
couldn’t be fair and impartial
B. Procedure: may be recused upon his own motion or the motion of either party

IV. Contempt
A. General: any act or omission tending to obstruct or interfere with the orderly administration of justice
or impair the dignity of the court or respect for its authority. Court may imprison a person until he
performs.
B. Direct:
1. In immediate view/presence of court; failure to comply w/ summons or subpoena
2. Penalty: $100, one day in jail
3. Punished immediately following verbal hearing.
C. Constructive:
1. Willful disobedience of court order, deceit by party or attorney, improper interference w/ juror
or witness.
2. Disobeying TRO or injunction: $1000 and up to one year in jail.
3. Punished following 48 hours notice and hearing.

V. Actions
A. Types
1. Personal obligation, real rights to property, or mixed
2. Ordinary, summary, or executive procedure
3. A cause of action can also be used as a defense even if prescribed (exceptions: redihibition, c/a
under Federal Consumer Protection Act)
B. Res Judicata: a party shall assert all causes of action arising out of the transaction or occurrence that
is the subject matter of the litigation.
1. Exception: spousal or child support claims in divorce action
C. Properties of a Cause of Action
1. Can be transmitted to heirs and legatees (unless strictly personal).
2. Actions that are of the same type may be cumulated against a defendant if venue and
jurisdiction exist.
a. Single plaintiff and single defendant:
i. Each culumated action is w/in court’s jurisdiction and brought in proper venue.
ii. All actions are mutually consistent and employ same form of procedure.
b. Multiple plaintiffs and/or defendants

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 i. Community of interest (same legal and factual issues).
ii. Proper jurisdiction and venue
iii. Actions are mutually consistent
iv. Same form of procedure
D. Lis Pendens
1. Suits pending in more than one court on same transaction or occurrence between the same
parties in the same capacities  all but the suit filed first must be dismissed.
2. If there is a proceeding in LA at the same time as one in another state or federal court, the
court may stay the proceedings in the second pending the outcome of the first.
E. Abandonment
1. If three years pass without either party taking any steps in its prosecution or defense, the suit
will be dismissed.
F. Class Action
1. Prerequisites
a. Objectively defined class  ascertainable criteria
b. Class is so numerous as to make joinder impracticable
c. Questions of law or fact common to the class
i. Member’s interest in controlling their prosecution or defense
ii. Extent of previously commenced litigation
iii. Desirability of concentrating litigation
iv. Possible difficulty in managing the class action
v. Practical ability to pursue the claims individually
vi. Balance between the relief demanded and the burdens of class action suits
d. Representative parties will fairly and adequately protect the class’s interests
e. Claims or defenses of the representative parties are typical to the claims/defenses of the
class
2. Other reasons to maintain a class action suit
a. Separate actions would create risk: inconsistent/varying results, individual
adjudications would be dispositive.
b. Party opposing the class has acted/refused to act in a manner applicable to the class as
a whole.
c. Court finds that common questions of law and fact take precedent over any questions
affecting only individual members
d. The parties to settlement request certification
3. Other issues to discuss
a. Certification: Motion to certify must be made w/in 90 days after service of the initial
pleading on all adverse parties
b. Notice: it is required to give the best practicable notice to all class members, including
individual notice if possible. This notice should give a time delay in case people want to
opt out.
c. No dismissal or compromise w/out court approval  notice of dismissal given to all
members and court orders hearing to determine if it’s fair
d. LP is suspended upon the filing of the petition as to all class members. Begins to run
again:
a. As to any person electing to be excluded from the class upon submission of that
person’s election form
b. As to persons excluded from the class for the class’s inability to include them
c. As to all members 30 days from notice of dismissal

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 e. Effect of a judgment on the merits: concludes the case as to all members of the class,
whether joined or not, as long as the joined members fairly ensured adequate
representation
G. Derivative action
1. Can be maintained as a class action when joinder of all parties is impracticable
2. If one or more members can fairly ensure the adequate representation of all the members, they
may sure or be sued in a derivative class action against all members.
3. The court will consider if the suit can be properly maintained as a class action.
a. If yes, certify it.
b. If no, do not certify the class, but join as a defendant any shareholder, partner, etc. who
refuses or fails to join as a plaintiff.
4. Petition requirements:
a. Proper party allegation (pl. was a shareholder, partner, etc. at the time of the
occurrence/transaction).
b. Allege with particularity the plaintiff’s efforts to get the corporations to act and the
reasons for his efforts’ failure
c. Join as defendants the corporation/association and the obligor
d. Prayer for judgment in favor of the corporation against the obligor
e. Verification by affidavit of pl. or counsel.
5. Computation of time: start counting the day after, count the last day of the period unless it’s a
legal holiday.

VI. Parties
A. Joinder
1. When to join a party:
a. No complete relief to existing parties in his absence
b. He claims an interest in the subject matter and his absence
i. Will impair/impede his ability to protect that interest
ii. Will risk that current parties incur multiple or inconsistent obligations
2. If you can’t join a necessary party, it’s up to the court whether the action should proceed as is
or be dismissed. Factors to consider:
a. Extent of prejudice to current parties
b. Can prejudice be lessened or avoided in some way?
c. Adequacy of judgment
d. Adequacy of remedy
B. Proper Plaintiff
1. Actual interest in the litigation
2. Capacity
a. Can’t be an unemancipated minor
i. If parents dead, divorced, or born outside of marriage  tutor
ii. If parents together  father
iii. If father incompetent or refuses  mother
iv. If in custody of civil service or tutor/parent request  attorney appointed by
court
b. Can’t be interdicted or incompetent  if so, sue through curator
c. Succession  succession representative while under administration; heirs if not
d. Community property  managing spouse, or either spouse if there isn’t one
e. Doing business under a trade name  bring suit in own name
f. Officers of unincorporated association  sue for the association
g. Corporation and partnership  sue in own name unless it’s a liquidation

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C. Proper defendant
1. Same as above, generally
2. When a partner is sued personally on a partnership obligation, the partnership must be sued as
well.
D. Substitution of parties
1. If party dies  substitute “legal successors”
2. Time for Substitution:
a. If name/address of successor known AND resident  30 days from service
b. If name/address of successor known AND non-resident  60 days from receipt of
summons
c. If successor unknown  must have 2 publications within 15 days of each other and
you have 60 days from first publication

VII. Pleadings
A. Pleadings initiate litigation – Louisiana requires fact pleadings, meaning that the facts must set forth a
cause of action with particularity. Exception for fraud and mistake.
B. Form Requirements for Petition
1. Caption
2. Set forth concise allegations in numbered paragraphs
3. Be signed by attorney or unrepresented pl.
4. Name and domicile of all parties
5. Causes of action and facts
6. Designate an address for receipt of service
7. Prayer
C. Signature:
1. Attorney’s signature on a pleading certifies that he has read it and that to the best of his
knowledge,
a. It is not being used for any improper purpose
b. It is warranted by existing law or a legitimate argument for the
extension/modification/reversal of existing law
c. It is likely to have evidentiary support
d. Each denial is warranted by the evidence or reasonably based on lack of
information/belief
2. If the above is not true, an attorney can be sanctioned. Court must describe the conduct and
explain the basis of the sanction.
D. Do NOT need to include a specific monetary amount in a tort suit (to establish jurisdiction, just state
that it exceeds or is less than the given amount). The remedy for improperly requesting a specific
amount is a motion to strike.
E. Service and Citation
1. Essential to all civil actions (except ordinary and executory process and Art. 102 divorce
actions).
2. D may waive in writing.
3. Service must be requested for all Ds and received by clerk within 90 days of filing. If the court
finds that the failure to do so was because of bad faith, interruption of prescription will be
considered to have never happened.
4. How to Serve D
i. Personal: by sheriff or by a private person appointed by the court if the sheriff fails
after ten days of diligent effort
ii. Domiciliary:
a. Dwelling or usual place of abode of D

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 b. To a person of suitable age and discretion
c. Who resides in the domiciliary establishment
iii. Corporations
a. Personal service on registered agent, or if none,
b. On any officer/director/employee of suitable age and discretion where the
corporation regularly conducts business, or failing that
c. On the Secretary of State after certifying there was a diligent effort to serve
iv. Long-arm: mail citation and petition by certified or registered mail or actual delivery
to D
v. Non-resident motorists: Secretary of State and mail notice of service to D
vi. Representative: if a court has appointed a representative for a person, personal and
domiciliary service are effected by serving the representative.
vii. Non-party physician: personal service on any clerical employee of the doctor
viii. LLC: personal service on agent, manager, employee of suitable age and discretion
where business is conducted, or long-arm service (in that order).
5. Contents of service
a. Signature of clerk of court
b. Date of issuance
c. Title of action
d. D’s name
e. Title and location of court issuing the process
f. Demand that D make an appearance w/in the specified time or suffer a default
judgment
6. Method of service
a. If pleading requires no appearance or answer: mailing, hand delivery, or electronic
sending to D or D’s counsel of record. Certificate of service must be filed into record.
b. Other pleadings: served by sheriff upon D, their attorney of record, or (in the absence
of such) the clerk of court.
c. If a pleading or order sets a court date: service by registered or certified mail.
6. After Service
a. Sheriff’s return (affidavit) must be filed to prove service. Default judgment may not be
entered until:
i. 15 days after filing if D fails to respond
ii. 30 days after filing affidavit under long-arm statute
b. Default judgment entered against D if he fails to timely respond.
i. Once time period elapses, pl. has preliminary default entered into the minutes.
ii. After two days exclusive of holidays, pl. may appear and prove the default by
presenting a prima facie case (exhibits and affidavit of correctness).
iii. A final default judgment will then be entered.
iv. For city and parish courts, if D fails to respond within 10 days, a default
judgment will be entered on the 11th day (no prelim. default needed).
c. Give notice of default to D:
D/Method of Service How to give notice
D served personally and no Clerk of court mails judgment to personal service address
exceptions/answers filed or last known address
D served via domiciliary service and no Notice of default served by sheriff via personal or
exceptions/answers filed domiciliary service.
Secretary of State served Serve default judgment on Secretary of State
If D made an appearance of record in the Notice of preliminary default sent to counsel of record by
case certified mail (or if none, to D) seven days before

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D is a state entity
Divorce action where D acknowledges
receipt of petition by affidavit
confirmation of default
Send certified copy of preliminary default by certified or
registered mail to the state’s agent for process. File an
affidavit in the record stating date of mailing. Wait 15 days
for an answer to be filed and then the preliminary default
can be confirmed.
No notice required

F. D’s Answer  filed by D after he receives the pleading

1. Time limits
a. Parish or city court: 10 days
b. Any other court: 15 days
c. Service by long-arm statute: 30 days
d. State: 30 days
2. Contents:
a. Admit or deny each allegation by pl. (this includes saying you lack the knowledge to
form a belief in truth). Must address each issue specifically.
b. All allegations not denied are deemed admitted, with the exception of damages.
c. Raise any affirmative defenses you have.
G. Exceptions  used by D to delay or dismiss a proceeding. Will extend the time limit for an answer
by 10 days after an exception is filed.
1. Types
a. Declinatory: decline court’s jurisdiction; waived unless pleaded (except for lack of
SMJ and “status” venue)
i. *Insufficiency of citation
ii. Lis Pendens
iii. *Insufficiency of service of process
iv. *Improper venue
v. *Lack of personal jurisdiction or lack of SMJ
* = subject to suit for nullity of action
b. Dilatory: delay the proceeding; must be made timely and all in same motion,
otherwise they are deemed waived
i. Prematurity
ii. Want of amicable demand (no demand letter sent)
iii. Unauthorized use of summary proceeding
iv. Nonconformity w/ formalities of the petition
v. Vagueness or ambiguity in the petition (pl’s argument is that the nature of the
cause of action put D on notice)
vi. Lack of procedural capacity
vii. Improper cumulation
viii. Discussion (right of a secondary obligor to compel the creditor to enforce the
obligation against the property of the primary obligor or, if the obligation is a
legal or judicial mortgage, against other property affected thereby, before
enforcing it against the property of the secondary obligor)
c. Peremptory: dismiss the proceeding; may be raised by either party or by the court
i. Prescription
ii. Res judicata
iii. Peremption
iv. Non-joinder of party

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 v. No cause of action (no claim)
vi. No right of action (no standing)
vii. No interest by Pl. to institute suit
viii. Discharge in bankruptcy
2. Timing
a. Declinatory and dilatory
i. Must be raised prior to or in the answer
ii. Must be raised prior to the confirmation of a default judgment
iii. Must be pleaded at the same time if both are raised
b. Peremptory
i. May be pleaded at any time prior to submission of the case for decision
ii. If filed after answer but before trial: will be tried either before or during trial on
the merits
iii. If filed after trial: the court may rule at any time unless the adverse party is
entitled to and wishes to present evidence.
iv. Appellate court may consider peremptory exceptions and remand for trial
(except for precription)
3. Trial on Exception
a. Evidence may be introduced in support or in opposition to any objection pleaded if the
grounds do not appear in the petition if pleaded before trial.
b. If pleaded after trial, plaintiff may introduce evidence in opposition, but D may only
offer evidence to rebut Pl’s evidence.
c. Exception: can’t offer any evidence regarding an exception of no cause of action
4. Effect of sustaining exception
a. Pl. will have 15 days to amend
b. If unable to cure, case will be dismissed
5. Partial Exception of No Cause of Action (Everything on Wheels)
a. If the petition asserts several theories of demand based on the same cause of action
arising out of one transaction or occurrence: overrule the exception.
b. If the petition is based on several separate and distinct causes of action arising out of
separate and distinct transactions: grant it in part, but it will only be an interlocutory
judgment.
6. D may move for security if he thinks he will win and Pl. is insolvent/won’t be able to pay his
court costs.
H. Incidental demands: filed prior to or at the same time the answer is filed.
1. General rules
a. Need proper venue (same as primary demand) and jurisdiction (ct would need
jurisdiction over the incidental demand if it were filed on its own).
b. Dismissing the primary claim will NOT result in dismissal of the incidental demand.
c. Same rules as main demand except filing of principal demand cuts off ability to file
answer, and cannot object to venue
d. Can be filed separately and later unless part of “same transaction or occurrence” OR
a 3P had a defense that could have defeated the action
e. Court may order separate trials
f. All parties must get service. New parties must get service and citation.
g. Prescription: incidental relates back to date of main demand if filed within 90 days of
service of main demand
h. Delays for filing:
i. Without leave – any time up to and in the answer to main demand

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 ii. With leave – after answer IF will not retard the progress of main demand, or
action that matured after answer filed or 3P asserting ownership
iii. Time stamp counts
3. Reconventional demand (same as counterclaim)
a. Includes any claim, whether or not it’s related to the main one
b. Service made by personally serving Pl’s counsel of record
4. Cross-claim
a. Asserting a demand against a co-party that arose out of the same transaction or
occurrence
b. Service made by sheriff on counsel of record, no citation necessary.
5. Intervention
a. Third parties enter a lawsuit to enforce a related/connected right by
i. Joining with Pl.
ii. Joining with D.
iii. Opposing both
6. Third-party demand – indemnity/contribution
7. Prescription: not barred as long as it was not barred at the time the main demand was filed and
is filed w/in 90 days of service of the main demand.
I. Motions
1. Application to court for an order: in writing or oral motion in court; ex parte or contradictory
2. Motion to Strike  made by court or either party to strike any insufficient
claim/demand/defense or any redundant/immaterial/impertinent/scandalous matter.
3. Motion for Summary Judgment: claim that there is no genuine issue of material fact and
mover is entitled to judgment as a matter of law.
a. Partial SJ allowed
b. Pl. may file after answer is filed, D can file at any time.
c. Motion and supporting affidavits must be served at least 15 days prior to hearing;
opposition and supporting affidavits must be served at least 8 days before HG.
d. Burden of proof on mover. If mover would not have burden of proof at trial, he only
has to negate ONE essential element of the plaintiff’s claim.
e. Affidavits require:
i. Competent affiant
ii. Personal knowledge
iii. Facts admissible at trial
f. Example: when employer files cross-claim against insurer and insurer does not provide
coverage for that type of injury  insurer can file motion for SJ
4. Motion for Judgment on the Pleadings: may be used by any party after motion has been filed.
Court will look only at the pleadings and consider all of mover’s undenied allegations and ALL
of the opposition’s allegations as true.
a. Not available in matrimonial controversy (nor is SJ).
5. Special motion to strike: special motion where D is exercising right of free speech on a public
issue and Pl. filed a frivolous lawsuit to shut them up. D can file w/in 60 days of service and it
will be heard w/in 30 days. Prevailing party will get attorney fees.
J. Amended & Supplemental Pleadings
1. Petition:
a. Pl. may amend w/out leave of court before answer is served
b. Pl. may amend with leave or court or consent of D atty after answer is served
c. Answer to amended petition required within 10 days or 15 days of service of original
petition (if longer).
2. Answer

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 a. D may amend once within 10 days after original answer is served…otherwise will need
leave of court or written permission of adverse party.
3. Exception
a. Dilatory and declinatory: amended prior to hearing with leave of court or written
permission of adverse party, but only to amplify.
b. Peremptory: may be amended at any time
4. Timing: relates back to original filing date if action/defense in amended petition or answer
arises from the conduct, transaction, or occurrence set forth in original pleading. If people are
added to the case, it will relate back if:
a. Additional pls: D knew or should have known about the existence of the new Pl, new
and old Pls are sufficiently related, and there is no prejudice to D.
b. Additional Ds: D received notice of suit and will not be prejudiced, and D knew or
should have known that but for mistake of identity, he would have been sued.

IX. Discovery
A. General
1. Scope: any matter not privilege which is relevant to the subject matter involved in the pending
action. Either admissible at trial or reasonably calculated to lead to the discovery of admissible
evidence.
a. Does not extend to attorney work product that was prepared in anticipation of litigation
(excludes tangible things like surveillance footage).
b. Party’s own statement is discoverable by that party
c. Name of expert party expects to call as a witness at trial is discoverable.
d. Facts and opinions of retained experts who are not expected to testify at trial is not
discoverable absent extraordinary circumstances
e. Any party may file a motion for a PTHG to determine test the reliability of the
methodology of an expert or test their qualifications  60 or more days before trial
i. Judge’s deadline to rule is 30 days before trial, and must recite findings of fact,
conclusions of law, and reasons for judgment.
f. There is generally no duty to supplement discovery once it’s been provided, except for
questions of identity/location of persons with knowledge of discoverable matters,
information making a previous response incorrect, or by court order of agreement of
parties.
2. Protective orders available to prevent embarrassment, oppression, undue burden.
3. Deposing a business entity: entity has duty to provide deponents who are qualified to answer
each question posed. Art 1442.
B. Subpoena
1. If W lives or works in LA, they can be subpoena-ed to attend a trial or hearing anywhere in the
state.
2. Party must pay transportation for any party living/employed outside of the parish and more
than 25 miles from courthouse: 20 cents/mile; 25 dollars/day; five dollars/day for hotels and
meals.
3. SDT: documents, tangible things, ESI
a. Does not need to name a person
b. Can specify form in which to produce ESI
c. 15 days to object, objection must be in writing
C. Depositions
1. Where to take them
a. With deponent’s consent, can be taken anywhere.
b. Without consent:

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 i. Taken where the court orders
ii. Where an LA resident lives/works/transacts business
iii. The parish where a non-resident temporarily in LA is served, or where the
court orders
iv. In accordance w/ laws of the foreign state
2. Must be certified by a court reporter
3. Scope: may address any relevant, non-privileged matter
4. Objections: objections will be noted and the answer will be taken anyway. Unless otherwise
stipulated, objections are considered reserved for trial/other use of the deposition.
a. A party may only instruct a deponent not to answer to preserve a privilege, enforce an
evidentiary limitation, prevent harassing or repetitive questions, or to prevent questions
seeking evidence which is outside the scope of discovery.
b. Objections must be stated concisely, non-argumentatively, and in a non-suggestive
manner.
c. Objections that could cure the problem are waived if not made during the depo.
5. Remedies
a. Motion to strike: procedural issues/defects  must be made promptly after the defect
is discovered or should have been discovered w/ due diligence
b. Motion to terminate: bad faith deposition  court may terminate or limit scope
6. Use:
a. Impeach W
b. Deposition of a party may be used by an adverse party for any purpose
c. Deposition of W may be used in any way at trial if W becomes unavailable
d. Deposition of expert may be used for any purpose after notice giving opposing counsel
10 days to object
7. Can’t depose attorneys except under extraordinary circumstances (need contradictory HG)
8. Letters Rogatory  Deposition in another state
a. Must give all parties reasonable notice in writing stating time/place of deposition and
names and addresses of deponenets.
b. Must apply to court for issuance of letters rogatory addressed to “the appropriate
authority” (name state or country).
D. Interrogatories
1. Written questions directed to a party
2. Limit of 35
3. Must be answered under oath or objected to w/in 15 days of service (D and state have 30 days
to object).
4. Can refer the other party to the business records if the answer is there in lieu of answering the
interrogatory.
E. Request for Production of Documents or Things, Permission to Enter upon Land
1. May be served on any party or as an independent action on a witness
2. 15 day time limit to respond or object (D has 30 days).
3. Don’t have to organize your responses to correspond w/ requests, but you can.
F. Physical and Mental Examination
1. Can compel adverse party to undergo an exam if physical or mental condition is at issue
2. Party who compelled the examination must deliver a copy (including MD’s conclusions) to
other parties if requested  will then get to request that the adverse party deliver any reports he
has that pertain to the same condition.
3. By requesting the report, the examined party waives any privilege regarding the information.
G. Request for Release of Medical Records
1. Parties only

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 2. 15 days to sign release or object  once release obtained, send to HCP and subject party at
same time.
3. 7 days to send copy of meds to subject party once you receive them.
H. Request for Admission
1. Parties only
2. The fact is considered conclusively proven/the document is considered genuine if no answer
made w/in 15 days.
3. If answer is insufficient, move to determine sufficiency.
4. If forced to prove fact denied, can recover costs and attorneys fees.

X. Pre-Trial Procedure
A. Pretrial Conference
1. Court may order a pretrial conference about basically any matter that would aid with resolving
the action.
2. Result: court order
3. If a party’s attorney fails to obey an order or attend the pretrial conference, the court may
make orders sua sponte or sanction the attorney
B. Motion for Judgment on Offer of Judgment
1. Settlement offer: written offer to settle all claims without an admission of liability
2. Must be made 30 or more days before trial
3. If accepted, any party may move for judgment on the offer within 10 days after service
4. Judgment granted on a motion for judgment on the offer is a final judgment  appeal cannot
be taken by a party who consented to the judgment.
5. If plaintiff does not accept and what the plaintiff gets during trial is 25% less than what D
offered, pl. must pay D’s costs (excluding attorney’s fees) incurred after the offer was made.

X. Trials
A. Consolidation/Separation
1. Cases may be consolidated if there are common issues of law and fact, after a contradictory
hearing. Cases will not be consolidated if:
a. Jury confusion
b. Prevent fair trial
c. Give one party an undue advantage
e. Prejudice the rights of any party
2. Court may order separate trials for liability and damages with consent of the parties
3. Either party may file a motion to consolidate  must allege/establish that there are common
issues of law and fact. File it in the division/court where the first lawsuit was filed.
4. Contradictory HG required.
5. If trial date already set for one case, will need written consent of all divisions where actions
are pending.
B. Continuances
1. Discretionary: for good cause
2. Peremptory:
a. Party is unable to obtain material evidence with due diligence
b. Material witness has absented itself without contrivance of the party requesting the
continuance. Opponent can get around the continuance by stipulating what the witness
would have testified
C. Priority
1. To parties over 70 years of age or who present medical documentation that they will not
survive past 6 months.

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D. Video Testimony: court may order video testimony (after a showing of appropriate safeguards) if W
is beyond the state’s subpoena power or when compelling services are shown.
E. Formal Exceptions: need to object to preserve the matter of appeal; should proffer the evidence. Can
either do it during recess, other time designated by court, or within 30 days of exclusion or end of trial
(via depo).
F. Dismissal
1. Voluntary
a. W/out prejudice prior to any appearance by D
b. At court’s discretion after D makes an appearance
2. Involuntary
a. If Pl. fails to appear for trial (unless pending settlement is claimed, then either party
has 60 days to reinstate the suit).
b. After Pl. has presented evidence in a non-jury trial (similar to motion for directed
verdict). D should move for involuntary dismissal on the grounds that based on the facts
and law, pl. has shown no right to relief. Judge must evaluate evidence in a neutral
manner w/out applying any special inferences in favor of Pl. and then determine whether
pl. proved his case by a preponderance.
c. Dismissal w/out prejudice for any D for whom service has not been requested w/in 90
days of the commencement of the action  by contradictory motion by any party or
sustaining declinatory exception filed by D  can circumvent by showing good cause for
why service could not be requested.

XI. Jury Trial

A. Right to trial by jury: in all cases except:
1. Amount of individual petitioner’s case does not exceed $50,000 (excluding interest/costs)
2. Suit on promissory note (excluding forgery, fraud, error, failure of consideration)
3. Suits against a political subdivision (excluding the state)
4. Family law: custody, visitation, alimony, child support
5. Administrative action review
6. Summary, executory, probate, partition, mandamus, habeas corpus, quo warranto, injunction,
concursus, worker’s comp, emanipation, tutorship, interdiction, curatoryship, legitimacy,
filiation, annulment, divorce
B. Either side may request a jury within 10 days of the filing of the pleadings that raise an issue triable
by jury. Request must be accompanied by a bond or cash deposit and $150 jury filing fee.
C. Challenges
1. Peremptory challenges: don’t need to state cause, can be made until jury is sworn
Size of Jury Number of Peremptories Additional Parties?
6 3 Up to 2 extra peremptories
12 6 Up to 4 extra peremptories
2. Challenges for cause: can be made by either party or by court until the taking of evidence
a. Under 18
b. Not LA resident
c. Not US citizen
d. Can’t read and/or write
e. Felony conviction
f. Biased because of relationship to parties, formed an opinion, etc.
g. Has been on jury hearing same case in the past
h. “Takes the fifth” during voir dire
D. Size
1. 12  9 for verdict

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 2. 6  5 for verdict
3. This can be modified by stipulation of the parties
E. Directed Verdict
1. Made by motion at the close of the other side’s case.
2. Motion must contain a statement of the grounds for making it  judge will either grant it or
deny it, and then the movant can continue with his case.
3. Can deny a Motion for DV and subsequently grant a motion for JNOV on the same grounds.
4. Standard: facts and inferences are so overwhelmingly in favor of the moving party that a
reasonable jury could not reach a contrary verdict.
F. Judgment Notwithstanding the Verdict
1. Must be filed w/in 7 days (excluding holidays) of mailing or service of notice of signing of the
judgment or within 7 days of jury discharge.
2. Standard: after considering all the evidence in the light most favorable to the non-moving
party, if the facts and inferences so strongly and overwhelmingly favor one party that reasonable
persons could not reach a contrary result, the court should grant the motion. If there is substantial
evidence of such quality and weight that reasonable persons might reach a different conclusion,
the court should deny the motion.
G. Remittur/Additur: with consent of Δ or Pl, can add/subtract damage amount if a new trial would
have been granted on that issue alone (alternative to granting a new trial).
H. Types of Verdict
1. Special: jury answers specific questions (ex. comparative negligence); judge takes answers
and gives appropriate verdict or takes the answers under advisement.
2. General: no questions; may submit written interrogatories; parties may object … if answers
inconsistent with general verdict, judge may change verdict, send jury back to deliberations, or
order new trial.

XII. Judgment & Post-Judgment Action

A. Interlocutory Judgments
1. Does not determine the merits
2. Appeal can only be taken if irreparable injury could result in granting the judgment 
otherwise, seek supervisory writ or wait until after trial on the merits
B. Final Judgments
1. Requirements
a. Must be signed by judge
b. In all contested cases, clerk must mail the notice of signing of the judgment to all
counsel of record and unrepresented parties and file a certificate of mailing into the
record.
2. Amendment: can amend errors of calculation or phrasing, but may not alter the substance.
3. Partial final judgments
a. Dismisses some but not all of the parties
b. Motion for Judgment on the Pleadings
c. Summary Judgment
d. Judgment signed on Principal or Incidental Demand when they have been tried
separately
e. Judgment as to liability when it is tried separately
4. Timing
a. Jury trial: w/in 10 days of verdict
b. Compromise: w/in 20 days of compromise agreement being recited into the record
C. Declaratory judgment: used to determine rights before a contract has actually been breached; cannot
prejudice people who are not parties to the proceeding.

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 1. Example: two companies in contract w/ pricing provision and one company wants to change
the calculation used
2. Court may order any relief it deems appropriate regardless of the existence of any other
available remedy.
3. Will have the force/effect of a final judgment.
D. Motion for a New Trial
1. Peremptory grounds:
a. Verdict clearly contrary to law & evidence
b. Discovery of new evidence which could not have been discovered w/ due diligence
before or during trial*
c. Juror was bribed or compromised*
*Requires verified affidavit
2. Filing requirements: w/in 7 days (excluding holidays) from mailing or service of signing of
judgment.
3. Standard: Trial judge is free to evaluate the evidence as he sees fit and should grant if the
verdict or judgment is clearly contrary to law and evidence.
E. Action of Nullity
1. For vices of form  may be brought at any time and may be asserted on appeal; cannot be
brought by D who did no try to enjoin the judgment at the time of its execution
a. Rendered against incompetent not represented by law
b. Rendered against one not properly served
c. Rendered against one who has not waived an objection to jurisdiction
d. Rendered against one whom a valid judgment of default has not been taken
e. Rendered by court lacking SMJ
2. For vices of substance  judgment obtained by fraud or ill practices; can be brought within
one year of discovery, must be asserted in a direct action
F. Appeals
1. Scope
a. Can appeal a final judgment rendered after hearing or by default
b. Can appeal a judgment rendered by remittur or additur (ct. may also consider the
reasonableness of the underlying jury verdict)
c. Can only review non-appealable judgments via supervisory writs
i. File application for supervisory writ with the higher court
ii. Give judge notice of intent to file writ and he will set a return date on appeal
not to exceed 30 days from the other
iii. Argue that trial judge erred because…
d. Can NOT appeal a judgment taken by a party who confessed to judgment or who
voluntarily acquiesced.
e. Can NOT appeal a TRO, can appeal a preliminary or final injunction (only devolutory)
with a bond.
e. May review both the law and the facts.
2. Devolutive appeal: judgment will proceed while appeal is pending.
a. Must be taken within 60 days of
i. Time for filing motion for new trial or JNOV has elapsed; or
ii. Denial of timely motion for new trial or JNOV is entered
*Order of appeal will be premature if granted before the above occur
b. No bond required
c. Prescription will interrupt if the matter is removed to federal court
3. Suspensive appeal: judgment will not proceed while appeal is pending.
a. Must be taken within 30 days of:

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 i. Time for filing motion for new trial or JNOV has elapsed; or
ii. Denial of timely motion for new trial or JNOV is entered
*Order of appeal will be premature if granted before the above occur
b. Interruption:
i. Because of removal to federal court
ii. Until security fixed  if appeal bond not timely filed, court may convert it to a
devolutive appeal (except in eviction cases)
Type of Judgment Amount of Security
Sum of money Equal to amount of judgment including interest, excluding
costs
Sum of money exceeding $150,000,000 Trial court can fix security at its broad discretion
Distributing a fund held in the court’s Security must cover costs
registry
All other instances Court shall furnish security sufficient to assure satisfaction
of the judgment plus damages resulting from the delay of
the appeal
Surety bond Up to 150% of judgment if there is good cause
iii. Because of supervisory writ to review security
4. Procedure for appealing
a. Obtain order from trial court within the delay allowed by oral motion, written motion,
or petition. Order will state return date. Clerk mails notice of appeal and notice of
estimated costs. Appellant must pay costs w/in 20 days of mailing or the judge may
dismiss the appeal.
b. Return date:
i. 30 days from date estimated costs are paid, if no testimony is to be taken.
ii. 45 days from date estimated costs are paid, if no testimony is to be taken.
*Unless the trial court fixes a lesser period
**ONE extension is allowed and it can’t exceed 30 days
c. Appellee’s answer
i. Doesn’t have to answer unless he wants something about the judgment changed
or wants damages from appellant.
ii. 15 days from later or return day or lodging of the record.
d. During the pending of the appeal, trial court can still:
i. Correct misstatements in the record
ii. Test the solvency of the surety on the appeal bond
a. If security turns out to be invalid, pl. has 4 days exclusive of holidays to
post additional security, and if he does so the appeal will be allowed to
proceed.
iii. Give effect to its judgment (devolutive appeals only)
iv. Impose penalties and fees
e. If appealing from a judgment of a city or parish court, the time limit is 10 days.
5. Dismissal of appeal
a. Appeal will not be dismissed because the record is missing/incompete/in error
b. Appeal will not be dismissed because of any other irregularity/defect/error unless it’s
the appellant’s fault
c. Grounds for dismissal:
i. Lack of appellate court jurisdiction
ii. No right to appeal
iii. Abandonment
d. Motion to dismiss appeal must be filed w/in 3 days of the return date or lodging

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 6. Application for rehearing
a. Apply w/in 14 days of the mailing of notice of judgment and opinion of appeals court.
Within 30 days of the mailing, a party may apply to the Supreme Ct. for a writ of cert. If
neither of these things are done, the appellate court’s judgment is final.
b. If application for rehearing is denied, the judgment becomes final unless someone
applies for a writ of cert.
c. If application for writ of cert is denied, judgment becomes final.
d. If appealing to Supreme Court, same 14 day time limit to apply for rehearing.
G. Execution of a money judgment (10 year PP)
1. Procedure
a. Wait until tolling of time to take suspensive appeal
b. File for and receive a writ of fieri facias (fifa), which directs sheriff to seize and sell
D’s property
c. Sheriff may seize property within 1 year
d. Serve written notice to debtor and occupants by personal or domiciliary service
e. File notice of seizure with recorder of mortgage, send Mennonite notice to all who
have filed requests for it, file affidavit w/ clerk saying who got notice.
f. Property sold at public auction
i. Debtor chooses order
ii. Notice via ad in local newspaper
a. Movables  at least 10 days before sale
b. Immovables  at least 30/7 days before sale (2 ads)
iii. Property must bring 2/3 of appraisal value (except for UCC collateral)
iv. If price bid is insufficient to pay sheriff’s fees and any liens superior to that of
seizing creditor, property will not be sold
vi. If there are superior liens, the purchaser will pay them off and pay the rest of
the sheriff.
g. Property is sold, sheriff distributes funds (pays off higher ranking creditors first) and
passes an act of sale.
2. Garnishment
a. File for and obtain writ of fifa
b. File petition and interrogatories of garnishment
c. Serve everything on garnishee
d. The third party will then have 15 days to respond to interrogatories  failure to do so
is prima facie proof that the garnishee has the property or is indebted to the creditor
e. When garnishee admits/doesn’t answer, court orders the garnishee to deliver the
property or pay the indebtedness to the sheriff
f. If wages are garnished, the first 75% is exempt
3. Judgment debtor rule
a. Unpaid judgment creditor may serve a Judgment Debtor Rule on the debtor and require
him to disclose all assets
b. Procedure:
i. File motion for examination of judgment debtor (can include books/records) in
the court which rendered the judgment or debtor’s domicile (if it’s not the same as
the parish where judgment was rendered)
ii. Court orders judgment debtor to appear in court with records no less than 5
days from date of service of the motion and order
iii. Judgment debtor appeals and is questioned under oath
iv. Unless the court determines that the exam was unnecessary, the judgment
debtor will pay the costs.

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 4. Exempt from seizure
a. First 75% of disposable earnings
b. Tools, instruments, books
c. One utility trailer and one firearm w/ a maximum value of $500 necessary to perform
debtor’s trade/profession
d. $7,500 in equity of one care
e. Personal servitude of habitation
f. Wedding or engagement rings up to $5,000
g. Federal earned income tax credit
H. Execution of Non-Money Judgments
1. Writ of Possession: directs sheriff to deliver movable property or compel person in possession
of immovable to vacate
2. Writ of Distringas: if sheriff cannot seize the thing because D concealed/removed it OR refuses
to comply, a writ of distringas is used to detain the property of D, hold him in contempt, OR award
damages
3. Specific Performance: if party fails to comply, court may order sheriff or a third party to do it, at
the cost of the disobedient party
I. Execution of Foreign Judgments (2 options)
1. Ordinary proceeding to have the judgment recognized and made the judgment of an LA court
2. “Enforcement of Foreign Judgment Act”
a. Annex authenticated copy of judgment to ex parte petition (with affidavit with last
known address of D and C)
b. Clerks sends notice to D
c. Executed 30 days from mailing
*file in domicile of D/LA resident
J. Making Judgments of Other LA Courts Executory: file an ex parte motion with certified copy of
judgment praying that it be made executory; will be done immediately
K. Revival of Money Judgment: file ex parte motion for revival in the court where judgment was
rendered. This will interrupt the 10-year PP. Must include affidavit of holder that original 10-year
judgment has not been satisfied. Service/citation is not necessary; clerk will mail notice of signing of
judgment to D’s last known address.

XIII. Summary and Executory Proceedings

A. Summary Proceedings: conducted with rapidity, without citation and observance of formalities
required in ordinary proceedings
1. Types
a. Incidental actions
b. Application for new trial
c. Exceptions
d. Contrary motion
e. RTSC
f. Action against surety on judicial bond
g. Homologation of judicial partition, tableau of distribution, account filed by legal rep.
h. Habeas corpus (writ commanding a person who has another in his custody to produce
him before the court and state his authority for having custody. Petition for the writ can
be filed by person in custody or someone on his behalf.)
i. Mandamus (writ directing public officer/corporation (or officer of) to perform duties
such as ministerial duties, compel to deliver papers, hold elections, recognize rights of
members/shareholders)

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 j. Quo warranto (writ directing an individual to show by what authority he claims or
holds public office/office in corporation or directing corporation to show by what
authority it exercises certain powers. Used to prevent usurpation of office or powers.
When court finds person holding/claiming office w/out authority, judgment will forbid
him to do so and may declare who is entitled or direct an election.)
k. Rank of mortgages
j. Child custody/support, alimony
l. Action for dissolution of SP of a compromise
2. Commenced by filing a contradictory motion or RTSC, except for habeas, quo warranto, and
mandamus, which are commenced by petition
B. Executory process: rapid foreclosure and sale of certain property w/out obtaining a personal judgment
against debtor
1. Venue: where parish is located or Art. 42 venue
2. Requirement
a. Mortgage or privilege executed by authentic act
b. Ch. 9 security agreement containing a confession of judgment clause
c. For movable property, also includes mortgages/privileges made by act under private
signature
3. Procedure
a. File petition and include ALL authentic evidence
b. Sheriff seizes the property: D MUST be given written notice (this cannot be waived)
c. Sheriff provides Mennonite notice
d. Debtor’s recourse:
i. Get injunction: show that the debt has been extinguished, is unenforceable, or
the property executory procedures have not been followed
ii. Appeal (suspensive) within 15 days of signing of the order directing issuance
of the writ of seizure
e. Auction
f. Notice to junior lienholders
*If mortgagor has sold the property seized to a third party, the third party may either: pay
the debt, enjoin the sale, or intervene to claim proceeds equal to any improvements he’s
made
C. Deficiency judgment: obtained by suit to collect the balance due if the proceeds from the sale of
debtor’s property in an executory proceeding are insufficient to satisfy the debt.
1. Does NOT apply to sales in connection w/ UCC Ch. 9.
2. Appraisal must have been made
3. Procedure: convert executory proceeding into ordinary proceeding, or file separate suit.

XIV. Special Proceedings

A. Concursus:
1. Two or more persons have competing claims to the same money or property; court decides
who gets it. Venue is any venue proper under Art. 42 or where the immovable is located.
B. Attachment:
1. Obtained when Pl. claims an interest in property and D is concealing himself to avoid service
or disposing of/granting a security interest in the property or leaving the state, etc. Or if D is a
nonresident with no agent for service or process.*
C. Sequestration:
1. Obtained if Pl. has an interest in property and it’s within D’s power to dispose of, conceal,
waste, or remove the property from the parish.*

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 *Property may not be sold before final judgment  creditor who seizes property will acquire a
privilege over it if he obtains a final judgment in his favor.
D. Injunction: granted if irreparable injury, loss, or damage may result (cannot be fixed with money)
1. TRO: no contradictory hearing required
a. May be granted without notice
b. Expire after 10 days
c. May be extended by the court for good cause
d. How to obtain: file a petition for a TRO and allege that you will suffer irreparable
injury if injunctive relief is not granted. Must be verified and certified by attorney
regarding efforts to provide notice to D.
e. Ct. may require security from Pl. to protect D from any losses that D will suffer as a
result of the TRO.
f. D can file motion to dissolve the TRO with 2 days notice to pl.  court will hear it as
expeditiously as justice may require.
2. Preliminary Injunction
a. Requires notice, hearing, and trial on the merits
b. Appeal must be scheduled between 2 and 10 days from service of notice
c. Appeal within 15 days
3. Final Injunction
a. Granted by court after trial on the merits
b. Normal appeal rules
E. Real Action
1. Petitory action: pl. seeks a judgment declaring that he is the owner of the property.
a. Requirements
i. Pl. not in possession
ii. D in possession or asserting ownership
b. Venue: situs
c. Burden of proof
i. If D in possession, Pl. must prove that his title is good against the world; and
that he acquired ownership from a previous owner or by acquisitive prescription
ii. If D asserting ownership, Pl. must prove that he has better title
2. Possessory action: Pl’s possession is being disturbed (fact or law)
a. Burden of proof
i. Pl. is in possession
ii. Pl and ancestors in title have had quiet, uninterrupted possession for more than
a year immediately prior to the disturbance, unless evicted by force or fraud
iii. Disturbance is one in fact or in law
iv. Action was instituted within one year of disturbance
3. Can’t cumulate these actions and if D asserts ownership it will change a possessory action into
a petitory one.
4. Can seek damages
5. Have 30 days to take a suspensive or devolutory appeal from a possessory action.
F. Notice of Pendency of Action
1. Give third party notice of actions pending in an LA state or federal court affecting title to or
asserting a mortgage or privilege in immovable property
2. Procedure
a. Written notice filed by party or counsel
b. File notice in mortgage records of the parish where the property is located. Notice
expires after 10 years but may be reinscribed (extended for 5 years).

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 XV. Succession and Probate Proceedings
A. Jurisdiction:
1. Open in parish of decedent’s domicile;
2. If he doesn’t have one, open succession in any parish where he owns immovable property;
3. If none, open in any parish where his movables are located
B. Testate Succession procedure
1. Prove the will:
a. Anyone with an interest in the will can request probate
b. File petition and attach affidavit of death/domicile/heirship
c. If will can’t be found, file a petition to look for it
d. Prove will:
i. Olographic: 2 credible Ws identify handwriting
b. Notarial: self-proving if in valid form
e. Proces-verbal: public inventory of succession property taken by court appointed notary
in the presence of two witnesses
2. If will is challenged: contradictory HG. Burden on proponent.
3. Videotaped testaments are allowed as evidence of proper execution, testamentary intent,
capacity, authenticity, etc. as long as testator’s sworn oath is recorded
4. Foreign testament will recognized if valid and LA gives full faith and credit to probate in
another state.
C. Possession without Administration
1. Intestate
a. Can be used when:
i. Heirs shall be recognized when all heirs are competent, accept the succession,
and the succession is relatively free of debt
ii. Heirs may be recognized when no creditor objects and the petition is filed by:
a. All competent heirs
b. Legal guardian for all non-competent heirs
c. Surviving spouse
b. Procedure
1. File petition and affidavit of DD&H
2. Prepare inventory or detailed descriptive list of assets
i. Sworn & subscribed by person filing it
ii. Indicate location of each item
iii. Indicate FMV of each item at time of decedent’s death
3. Judgment of possession can be granted ex parte
4. Surviving spouse, if there is one, must join in the proceeding
c. Creditors will have 3 months from date of judgment of possession to object
2. Testate: same as above but will must first be proved
D. Administration of Succession
1. Executor Appointed
a. Named in will or appointed by court
b. Excluded: people under 18, interdicts, convicted felons, non-residents who fails to
appoint an agent, people of bad moral character
c. Rankings:
i. Best qualified among surviving spouse, competent heirs or legatees, legal
representative of any incompetent heirs or legatees
ii. Best qualified of nominees of the above
iii. Best qualified creditors or co-owners
2. Executor’s duties/powers

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 a. Fiduciary duty/act as prudent administrator
b. File inventory or sworn descriptive list
c. Power over property during the administration period
d. File tableau and final accounting
3. Interim allowance for spouse or heir may be granted at the court’s discretion if there is good
cause and if the succession is sufficiently solvent
4. Heirs/legatees are put in possession after homologation of final tableau
E. Small successions
1. Any estate valued at less than $75,000 at time of death with no immovables other than single
dwelling houses or a cemetery plot where the sole heirs are descendants, ascendants, siblings,
and/or the surviving spouse
2. Must submit affidavit of DD&H and the above facts to the inheritance tax collector
3. Tax collector then endorses that no taxes are due
4. Heirs then entitled to possession

XVI. Partition
A. Venue: where all or part of the immovable is located. If none, where any movable is located.
B. Types
1. In kind
2. By licitation

XVII. Divorce/Annulment
A. Venue: where either party domiciled or parish of last matrimonial domicile
B. Types
1. Art. 103.1 (living apart before filing)
a. Living separate and apart for
i. 180 days if no minor kids or abuse
ii. 365 days if there are minor children
b. D is served, can acknowledge receipt, waive citation, have trial by notarized affidavit
and have default taken against him that same day.
2. Art. 102 (file then live apart)
a. Petition: allege jurisdiction and venue verified by affidavit
b. Sheriff’s Return or Waiver of Service: D served notice (similar to citation); but no
answer required (can waive service)
c. Rule to Show Cause and Affidavit: File RTSC alleging service of petition and passage
of requisite time period
i. If no service (or waiver) within 180 days: judgment null
ii. If rule to show cause not filed within 2 years, deemed abandoned
d. Sheriff’s return
e. Another affidavit of mover, executed after filing rule, that the parties have lived apart
since petition and mover wants divorce
3. Art. 103
a. Living separate and apart for requisite time period
b. Either felony conviction or adultery
C. Appeal: 30 days suspensive appeal (will not suspend custody or alimony)

XVIII. Judicial Emancipation

A.

XIX. Tutorship

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A. Venue:
1. Parish of surviving parent (if one parent is dead)
2. Parish of custodial parent (if parents are divorced or judiciall separated)
3. Where minor resides
B. Types
1. Natural: surviving parent
2. Legal: appointed by court from relatives
3. By will: nominated in will or authentic act
4. Dative: when minor has no parents or relatives
C. Procedure
1. File petition
2. Take oath
3. Cause an inventory of property to be taken
4. Furnish security
5. Appoint undertutor
D. Powers/Duties
1. Fiduciary duty
2. Cannot contract w/ minor
3. Post security to cover value of property
4. Sell and buy property, etc. on minor’s behalf

XXIX. Interdiction and Curatorship

A. Venue: where the interdict is domiciled
B. Procedure
1. File petition which includes
a. Name, domicile, age, address of petitioner, defendant, and proposed curator.
b. Education of proposed curator and why he should be appointed
c. Reasons and extent of interdiction
d. Name and address of D’s spouse and adult children, or if none, parents or siblings, or if
none, closest living relatives
e. Name and address of any former legal representatives or curators
2. Serve petition by personal service to interested persons
3. Appoint attorney if no appearance by D
4. Appoint examiner (must submit report 7 days prior to hearing)
5. Hearing (summary process), may only be in D’s absence if good cause shown
6. Burden of proof: on petitioner, clear and convincing evidence
7. Judgment of interdiction
a. Appoints curator and undercurator
b. State that curator’s powers commence only upon qualification
c. Direct clerk to record judgment in conveyance and mortgage records
8. Curator must file judgment of interdiction w/in 15 days of qualification in conveyance and
mortgage records of every parish where D owns immovable property
C. Post judgment
1. Modification or termination: any party can move, court will grant if changed circumstances
are proven by a preponderance of the evidence
2. Can appeal within 30 days
D. Temporary and Preliminary Interdiction –
1. Temporary: file ex parte motion including: verified petition showing irreparable harm to D or
his property, licensed physician/psychologist supporting affidavit, and notice to D
2. Preliminary: adversarial hearing held within 20 days of order scheduling hearing

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 XX. Eviction
A. Procedure
1. When lessee’s right to occupancy ceases, give written notice to vacate within 5 days of
delivery
a. If lessee’s whereabouts are unknown, attach notice to door
b. Notice can be waived in lease
2. Lessor can take possession immediately upon reasonable belief that premises are abandoned
3. If lessee fails to vacate, serve rule to show cause on premises
4. Rule to show cause heard no earlier than 3rd day after service
5. If lessee fails to vacate within 24 hours of judgment, court will issue a warrant directing
sheriff to take possession
6. No suspensive appeal unless D posts bond within 24 hours of judgment

XXI. In Forma Pauperis

A. Llitigant can proceed without prepayment of costs; cannot pay because of poverty
1. Procedure
a. Request by ex parte motion at first hearing
b. File affidavit of litigant and third party attesting to poverty
c. Opposing party may traverse

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