Louisiana Civil Procedure Practice Flashcards

A set of vocabulary flashcards based on Louisiana Civil Procedure lecture notes covering jurisdiction, venue, pleadings, trial motions, and appeals.

Art. 863 Lawyer Certification

Certification upon signing a pleading that it has been read and, to the best of the lawyer's knowledge, information, and belief ($KIB$) formed after reasonable inquiry ($IFER$): it is not for an improper purpose, is warranted by law, has evidentiary support, and denials are reasonably based.

Discovery Certification ($DIG-U$)

Lawyer certification that discovery is: consistent with discovery rules, not for an improper purpose, warranted by law or good faith argument, and not unreasonable, unduly burdensome, or expensive.

Subject Matter Jurisdiction by Amount-in-Dispute

Courts of limited jurisdiction cover disputes up to these amounts: City ($15,000$), Parish ($20,000$), and Justice of the Peace ($5,000$).

Specific Long Arm Jurisdiction

Jurisdiction over nonresidents for actions such as transacting business, contracting services, causing injury/damage via act or omission in Louisiana, or manufacturing products that foreseeably cause injury in the state.

Quasi in rem Jurisdiction

Jurisdiction over a nonresident through the attachment of immovable property situated in Louisiana, where the judgment cannot be enforced beyond the value of the seized property.

General Venue for Individuals

Suit is brought at the individual's domicile, or if not domiciled in the state, at their residence ($SOP$).

General Venue for Corporations/LLCs

For domestic entities: registered office; for foreign licensed entities: principal business establishment; for unlicensed foreign entities: plaintiff's domicile or where service is made.

Forum Non Conveniens

A doctrine allowing transfer to a parish where the suit might have been brought for the convenience of parties and witnesses, provided the original suit wasn't brought in the plaintiff's domicile where venue is proper.

Mandatory Venue for Successions

The venue is the decedent’s domicile; if not domiciled in Louisiana, then where the immovable property is located; if no immovable, then where movable property is located.

Abandonment

Deemed to occur when $3$ years pass without either party taking any steps in the prosecution or defense of the action, leading to dismissal upon ex parte motion.

Lis Pendens

A declinatory exception raised when two or more suits are pending in different courts on the same transaction between the same parties; usually, all but the first suit are dismissed.

Res Judicata

A peremptory exception barring subsequent actions by requiring a party to assert all causes of action arising out of the transaction or occurrence that is the subject of litigation.

Class Action Requirements

Criteria include: Numerosity, Commonality (questions of law or fact), Typicality of claims, Adequate representation of the class, and an Objectively definable class.

Declinatory Exception ($LI IIL$)

A category of exceptions used to decline the jurisdiction of the court, including lack of personal jurisdiction, improper venue, insufficiency of citation, insufficiency of service of process, and lis pendens.

Dilatory Exception ($PAUN D CCV$)

A category of exceptions used to delay the action for errors in form or request more information, such as prematurity, vagueness, or lack of procedural capacity.

Peremptory Exception ($DR PP N LNN$)

A category of exceptions intended to have a claim dismissed or defeated, including prescription, res judicata, no cause of action, and no right of action.

Reconventional Demand

An incidental demand where the defendant asserts a claim against the plaintiff; it must be asserted if it arises out of the same transaction or occurrence as the main demand.

Third-Party Demand

An incidental demand where a defendant brings into the lawsuit a person who may be liable to them for indemnity or contribution regarding the principal demand.

Motion for Summary Judgment ($MSJ$)

A motion based on Art. 966 claiming there is no genuine issue of material fact and the mover is entitled to judgment as a matter of law.

Relation Back

A principle where an amendment to a pleading relates back to the original filing date if the action or defense asserted arises from the transaction set forth in the original pleading.

Subpoena Duces Tecum

A legal order compelling a witness to bring specified documents, tangible things, or electronically stored information with them to trial or a hearing.

Work Product Privilege

Protection for writings or electronically stored information prepared by a party or attorney in anticipation of litigation that reflect mental impressions, conclusions, opinions, or theories.

Directed Verdict

A motion in jury trials made at the close of the opposition's case, granted if facts and inferences overwhelmingly favor the mover such that reasonable persons could not reach a contrary verdict.

Judgment Notwithstanding the Verdict ($JNOV$)

A post-trial motion filed within $7$ days of the notice of judgment where the judge considers whether facts and inferences strongly favor one party over the jury's verdict.

Devolutive Appeal

An appeal taken within $60$ days of the expiration of the motion for new trial/JNOV period; it does not require a bond and does not suspend the execution of the judgment.

Suspensive Appeal

An appeal perfected within $30$ days of the expiration of the motion for new trial/JNOV period which suspends judgment execution and requires the filing of a security bond.

Writ of Fieri Facias ($fifa$)

A writ directing the sheriff to seize and sell a defendant's property to satisfy a money judgment.

Garnishment

A procedure to seize property belonging to a debtor that is in the hands of a third party, such as wages (subject to a $75\%$ exemption) or bank accounts.

Executory Process

A rapid foreclosure method for mortgages/privileges executed by authentic act with a confession of judgment clause, allowing seizure and sale without first obtaining a personal judgment.

Judgment of Possession

An ex parte judgment granted in a succession proceeding (simple possession) after filing a verified petition and a sworn descriptive list of assets and liabilities.