BIG BISH OF A FINAL BEAT DOWN CIV PRO

Venue is proper for individuals where

the defendant is domiciled or resides in the state if domiciled outside of the state

Venue is proper for Domestic Corporations, insures, and LLC

where their registered office is located

Venue is proper for Domestic Partnerships or Unincorporated Associations

where their principle place of business is established

Venue is proper for Foreign Corp or LLC who are licensed

where their PPB establishment is located (licenses)

Venue is proper for Unlicensed foreign corp or LLC

in the parish of plaintiff's domicile OR where the defendant can be served.

Venue is proper for Nonresident with no agent

plaintiff's domicile or where they may be served

Venue is proper for Nonresident with agent

in the parish of the agent's designated post office address (where their office is)

"May" Venue is proper for an individual who has changed their domicile within the past year

in their domicile for 1 year (unless he has filed an official written declaration of intent to change domicile)

"May" Venue is proper for Sequestration or mortgage enforcement in

parish where the property is located or any portion is located

"May" Venue is proper for Joint/solidary obligors in the parish where

any of them are domiciled

"May" Venue is proper for Offense or Quasi offense may be brought where

the wrongful conduct occurred or where the damages were sustained

"May" Venue is proper for Open account or promissory notes may be brought in the parish where

the account originated, services under the account were performed or the debtor is domiciled

"May" Venue is proper for an Insurance policy for LIFE INSURANCE in the parish of

the decedent's death or his domicile

"May" Venue is proper for an insurance policy for HEALTH AND ACCIDENT in the parish were

the accident occurred or where the insured is domiciled.

"May" Venue is proper for Contracts in the parish were

the contract was executed or to be performed

"May" Venue is proper for Multi-parish businesses

where the business office is located IF the office has supervision over the SM of the lawsuit.

LAS—A ct. May exercise pjx over a nonresident who acts directly or by an agent as to a cause of action arising from any of the following (1) transacting

ANY business in louisiana

LAS—A ct. May exercise pjx over a nonresident who acts directly or by an agent as to a cause of action arising from any of the following (2) Contracting

to supply services or things in the state

LAS—A ct. May exercise pjx over a nonresident who acts directly or by an agent as to a cause of action arising from any of the following (3) Causing injury or damage by an offense or quasi offense committed

through an act or omission in this state.

LAS—A ct. May exercise pjx over a nonresident who acts directly or by an agent as to a cause of action arising from any of the following (4) Causing injury or damage by an offense or quasi offense committed through an act or omission in this state if

he regularly conducts or solicits business, or engages in any other persistent course of conduct, or derives revenue from goods used or consumed or services rendered in this state.

LAS—A ct. May exercise pjx over a nonresident who acts directly or by an agent as to a cause of action arising from any of the following (5) Nonresident failing to

support an ex-spounse or immediate family member whenever an obligation is owed

LAS—A ct. May exercise pjx over a nonresident who acts directly or by an agent as to a cause of action arising from any of the following (6) support of a

child who was conceived in the state or the nonresident was domiciled in the state

LAS—A ct. May exercise pjx over a nonresident who acts directly or by an agent as to a cause of action arising from any of the following (7) Manufacturer placing

a product into commerce that was foreseeable to end up in the state and caused in-state harm.

The attorney's signature certifies (1) consistent with the discovery rules and warranted by

existing law or a good faith argument for the modification or reversal of existing law

The attorney's signature certifies (2) not being used for

any improper purposes such as to harass or causes unnecessary cost

The attorney's signature certifies (3) not unreasonably burdensome or

expensive in the contect of the case

Privileged matters in discovery include

spouses, physician, accountant, priest, and attorney client

Parties may obtain discovery regarding any matter, not privileged which is relevant to the subject matter involved in the pending action which could

lead to admissible evidence

Attorney's are officers of the court and are

bound to work for the advance of justice while faithfully protecting the rightful interest of clients

Inadvertent disclosure of privileged or work product info does not constitute waiver of privilege if

"reasonably prompt" notice of the inadvertence of the disclosure is given to the recipient.

Protective order (1) the requested discovery

not be had

Protective order (2) the discovery may be had

only on certain terms

Protective order (3) Discovery may be had only by

a method of Discovery other than that requested

Protective order (4) Limited the

scope of inquiry

Protective order (5) Designate who may be

present during the discovery

Protective order (6) Deposition may be

sealed and open only by order of the court

Protective order (7) Trade secrets or

confidential research will be disclosed

Protective order (8) Parties simultaneously file

documents in sealed envelopes to be opened by court

The scope of discovery for a NON-testifying experts retained in anticipation of litigation is

limited and subject to protections similar to those afford to attorney work product

Discovery Devices DRIPP (1) D

Depositions

Discovery Devices DRIPP (2) Rx2

Request for medical records & request for admissions

Discovery Devices DRIPP (3) I

interrogatories, or other written or oral questions

Discovery Devices DRIPP (4) P1

production of documents/things or permissions

Discovery Devices DRIPP (5) P2

Physical or mental examinations

PROCEDURE OF TAKING A DEPO, Paul, not Oscar, Read Candace's Objections during Aretha Franklins' Song, (1) Paul

Place

WITH CONSENT, the place of a deposition can be

anywhere

WITHOUT CONSENT, the place of a depo for a RESIDENT DEPONENT can be

parish of residence, where employed, where business is transacted

WITHOUT CONSENT, the place of a depo for a NON-RESIDENT DEPONENT can be

where served with subpoena or with letters rogatory

PROCEDURE OF TAKING A DEPO, Paul, not Oscar, Read Candace's Objections during Aretha Franklins' Song, (2) Not

Notice

A notice of a depo MUST include

time & place, name & address of each deponent, and the materials to be produced in a subpoena duces tecum, & service

PROCEDURE OF TAKING A DEPO, Paul, not Oscar, Read Candace's Objections during Aretha Franklins' Song, (3) Oscar

deposing OFFICER

PROCEDURE OF TAKING A DEPO, Paul, not Oscar, Read Candace's Objections during Aretha Franklins' Song, (4) Read

method of RECORDING

PROCEDURE OF TAKING A DEPO, Paul, not Oscar, Read Candace's Objections during Aretha Franklins' Song, (5) Candace's

Compelling Production of Documents at depo

PROCEDURE OF TAKING A DEPO, Paul, not Oscar, Read Candace's Objections during Aretha Franklins' Song, (6) Objections during

Objections during Deposition

Objections during a deposition are noted

by the court reporter & evidence is taken subject to the exception

ALL objections during a depo are

RESERVED FOR TRIAL REGARDLESS OF WHETHER THEY WERE MADE IN DEPO

A party may instruct deponent not to answer ONLY in a limited moment of time, (1) if it is

necessary to preserve privilege

A party may instruct deponent not to answer ONLY in a limited moment of time, (2) to enforce

a court imposed limitation on evidence

A party may instruct deponent not to answer ONLY in a limited moment of time, (3) to prevent

harassing or repetitious questions

A party may instruct deponent not to answer ONLY in a limited moment of time, (4) to prevent questions seeking information that is

neither admissible at trial nor reasonably calculated to lead to the discovery of admissible evidence

PROCEDURE OF TAKING A DEPO, Paul, not Oscar, Read Candace's Objections during Aretha Franklin' s Song, (7) Aretha Franklin's Song

Sign, certification, and filing of depo (sign, sealed, delivered).

Besides depo in person, the other types are

depo on written questions, by phone, and of an organization

For depo over the phone, all

parties to the suit must agree.

Depo of an ORGANIZATION, NTRAK (1) N

The organization must be given notice of the deposition

Depo of an ORGANIZATION, NTR AK (2) T

The party requisition the depo MUST describe TOPICS to be discussed

Depo of an ORGANIZATION, NTR AK (3) R

the organization MUST choose its REPRESENTATIVES

Depo of an ORGANIZATION, NTR AK (4) A

the organization may ASSIGN topics to specific designees

Depo of an ORGANIZATION, NTR AK (5) K

the designated witness must provide the organizations KNOWLEDGE

The request for documents & things must designate the docs/things sought to be inspected with " particularity" &

you must also say when & where the person should make them available & how the inspection will happen.

A party has NO GENERAL DUTY to supplement discovery which were COMPLETE at the time except

in three instances

Duty to supplement discovery (1) a party must reasonably supplement a response to any question directly seeking the

identity & location of potential fact witnesses & any proposed expert witnesses, as well as the SM & substance of testimony

Duty to supplement discovery (2) a party must reasonably amend a prior response if

he subsequently obtains information that renders the prior response incorrect or no longer true,

Duty to supplement discovery (3) when ordered by the court, agreement of the parties OR

through new requests to supplement the prior responses

A motion and order to compel discovery is the primary enforcement mechanism for

obtaining requested discovery from a noncompliant respondent

Available sanctions for disobeying motion to compel (1) finding a

fact to be established

Available sanctions for disobeying motion to compel (2) prohibiting the disobedient party from

using designated evidence

Available sanctions for disobeying motion to compel (3) striking pleadings, dismissing claims or

entering a default judgment against the disobedient party

Available sanctions for disobeying motion to compel (4) ordering

a contempt of court

Available sanctions for disobeying motion to compel (5) awarding attorney's fees

caused by the failure to comply with motion

A pretrial conference is a case management tool courts use to marshal the

progress of litigation, determine the substantive, procedural & evidentiary parameters of trial & facilitate settlement

Things to be discussed in a Pretrial conference mnemonic

Do trials always seem extra? Every detail plays into an Outcome.

Things to be discussed in a Pretrial conference mnemonic- Do trials always seem extra? Every detail plays into an Outcome- DO

deadlines for motions

Things to be discussed in a Pretrial conference mnemonic- Do trials always seem extra? Every detail plays into an Outcome- TRIALS

trial setting & jury bond

Things to be discussed in a Pretrial conference mnemonic- Do trials always seem extra? Every detail plays into an Outcome- ALWAYS

amendments to pleadings

Things to be discussed in a Pretrial conference mnemonic- Do trials always seem extra? Every detail plays into an Outcome- SEEM

simplification of issues

Things to be discussed in a Pretrial conference mnemonic- Do trials always seem extra? Every detail plays into an Outcome- EXTRA

exhibits (authenticity/admissibility)

Things to be discussed in a Pretrial conference mnemonic- Do trials always seem extra? Every detail plays into an Outcome- EVERY

expert testimony limits

Things to be discussed in a Pretrial conference mnemonic- Do trials always seem extra? Every detail plays into an Outcome- DETAIL

discovery control/scheduling

Things to be discussed in a Pretrial conference mnemonic- Do trials always seem extra? Every detail plays into an Outcome- PLAYS

privilege issues

Things to be discussed in a Pretrial conference mnemonic- Do trials always seem extra? Every detail plays into an Outcome- INTO

identification of witnesses/docs/exhibits

Things to be discussed in a Pretrial conference mnemonic- Do trials always seem extra? Every detail plays into an Outcome- AN

audiovisual proceedings

Things to be discussed in a Pretrial conference mnemonic- Do trials always seem extra? Every detail plays into an Outcome- OUTCOME

other helpful means

Two types of continuances

discretionary & peremptory

For discretionary continuances, the court must simply find

there is "good grounds therefor"

Peremptory grounds are mandatory & MUST be granted if a party is

unable, after due diligence, to obtain material evidence or material witness is absent

When no individual petitioner's cause of action exceeds $10,000

jury trials are prohibited.

A demand for a jury MUST be filed NO MORE than

Ten (10) days AFTER either service of the last pleading directed to any jury issue OR granting of a motion to withdraw a jury trial demand.

A party can specify which issues he wants to be trial by a jury, but if he fails to do so

all issues will be deemed trial by a jury

For securing a jury trial, there must be a

timely filing of a bond in an amount set by the ct to cover costs associated w/ jury

After a trial date has been chose, the ct. Will set amount for bond and time for filing the bond, which

must be within SIXTY (60) days before trial