LA Code of Civil procedure

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72 Terms

1
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When must a plaintiff request service of citation on a defendant?

Within 90 days of the filing of the lawsuit

2
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What prerequisites must plaintiffs establish to maintain a suit as a class action?

1. Numerousness: Class is so numerous that joinder of all members is impracticable

2. Common questions of law or fact to the class

3. Plaintiff's claims are typical of the claims of the class

4. Plaintiffs as representative members will fairly and adequately represent the class

5. Class may be objectively defined in terms of ascertainable criteria

3
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What is domiciliary service?

The sheriff leaves the process at the dwelling or usual abode of the defendant with a person of suitable age and discretion

4
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What is personal service?

The sheriff in the parish where service is to be made tenders the citation and petition to the defendant

5
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When must a party respond to a request for production of documents?

Within 30 days after the service of the request

6
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What is the consequence of a party's failure to respond to a request for admission within 30 days?

The question asked will be considered to be definitively proven

7
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What steps must a party take to take another party's deposition?

Notice in writing of time, place, and manner of the deposition

Name of the deponent

Designation of any materials subpoenaed in connection with the deposition

8
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How can a plaintiff add a co-defendant to a suit?

They must amend the petition. If the answer has already been served, they must obtain leave of court to amend.

9
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How long does a party have to respond after service of a petition?

Within 21 days after service

10
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What is the deadline for a party to submit a motion for summary judgement?

65 days before trial

11
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What are the additional elements needed to maintain a class action once the prereqs have been met? (only one needs to be met)

1. Separate actions would create risk

2. Party opposing class has made injunctive or declaratory relief an option for the whole

3. Predominating Q of Law and Fact *

4. Settlement request certification

12
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Factors the court considers when deciding if common question or law or fact predominate over any questions affecting only individual members

1. Member's interest in control

2. Extent of previously commenced litigation

3. Desirability of concentrating litigation

4. Possible difficulties

5. Practical ability of individual class members

6. Balancing the relief demanded and the costs of class litigation

13
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How might a stricken demand for class action be reinstated?

Upon a showing of good cause by the plaintiffs

14
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When does liberative prescription begin to run against all class members after notice has been given that the class has been dismissed?

30 days

15
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How can a party recover expenses when the other party fails to attend a deposition?

The court may award reasonable expenses and attorney's fees

16
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What is the deadline for filing a motion in opposition to a motion for summary judgement?

15 days before the hearing on the motion

17
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What is a Judgement Notwithstanding the Verdict?

a judgment by the trial judge after a jury has issued a verdict, setting aside the jury's verdict and entering a judgment in favor of the losing party without a new trial.

18
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When will a judge issue a Judgement Notwithstanding the Verdict?

When the judge determines that no reasonable jury could have reached the jury's verdict based on the evidence presented at trial, or if the jury incorrectly applied the law in reaching its verdict.

19
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How long does a party have to file a motion for a Judgement Notwithstanding the Verdict?

Seven days

20
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What pleading should a defendant file in order to challenge service?

A DECLINATORY exception of insufficiency of service of process

21
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When must declinatory and dilatory exceptions be raised?

Prior to or in an answer or before a default judgement is served

22
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How is service of process on a corporation made?

Personal service on its registered agent

23
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What pleading must a defendant file to challenge the timeliness of a lawsuit?

A PEREMPTORY exception of prescription

24
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When may peremptory exceptions be filed?

At any stage of the proceeding in the trial court prior to submission of the case for a decision

25
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What motion must a party bring before the court to test an expert's qualifications and opinions?

A Daubert motion: a motion for a pretrial hearing to determine whether the expert qualifies as an expert or whether his methodologies are reliable under the Code of Evidence.

26
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What is the deadline for bringing a Daubert motion?

60 days before trial

27
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What is the deadline for a court to hold a contradictory hearing and rule on a Daubert motion?

30 days before trial

28
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How can a party withdraw a demand for a jury trial?

File a written motion

29
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How many jurors in a 12-person must concur to reach a verict?

9 jurors

30
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How should a party request a trial by jury after the petition/answer stage?

Within 10 days of the court granting another party's request to withdraw a jury, or within 10 days of a service of a pleading that raises an issue triable by jury.

31
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How one party challenge the sufficiency or validity of a bond issued by the other party as security to a suspensive appeal?

They may rule the party into trial court to show cause why the bond shall not be deemed insufficient or invalid

32
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What is a suspensive appeal

An appeal that suspends the execution of judgement while it is pending

33
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How long does a party have to respond to a petition that includes service for discovery?

30 days

34
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When must defendants raise an affirmative defense to allegations in a petition for damages?

In their answer

35
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What pleading should a defendant file to have a claim dismissed before engaging in discovery on that claim?

A motion for judgement on the pleadings

36
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When may a motion for judgement on the pleadings be made?

Any time after the answer has been filed.

37
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What will a court consider when judging a motion for judgement on the pleadings?

The pleadings themselves, while considering all of the movant's allegations not denied by the non-movant as true, and all of the non-movant's allegations to be true.

38
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What is a declinatory exception?

The defendant declines the jurisdiction of the court

39
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How can a party avoid responding to an overly burdensome interrogatory for business information?

They can specify where in their business records the other party can find their desired information, if doing so is a substantially similar burden for both parties.

40
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When must a party make business records available in lieu of answering an interrogatory?

Within 30 days of service of the interrogatories

41
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What steps can a party take to require the opposition to answer an interrogatory?

File a motion to compel requesting the court to order the party to answer the interrogatory

42
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How long does a party have to respond to a request for production?

30 days

43
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How may a party require the opposition to undergo physical examination if the opposition's physical condition is at issue in his claim?

They may request the court to issue an order compelling the opposition to submit to a physical exam by the medical doctor of its choice.

44
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What steps must a party take to take a non-party's deposition?

If the non-party does not consent to being deposed, the party must serve a notice of deposition, and then the court would serve a subpoena on the non-party in the parish where they reside or are employed.

45
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What should a notice of deposition on a non-party contain?

time and place, name and address of each deponent and materials to be produced

46
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When must a court render a judgement on a motion for summary judgement?

20 days before trial

47
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What is the deadline for a party to disclose the identity of their expert witness and provide an expert report?

90 days before trial

48
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What is the deadline for a party to disclose the identity of their rebuttal experts and provide rebuttal expert reports?

Within 30 days after the opposition provides their initial expert report

49
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What must a testifying expert's report contain?

1. Signature of the expert

2. Expert's opinions and reasons therefor and any data or information upon which those opinions are based

3. Exhibits

4. Expert's qualifications

5. Publications of the previous ten years

6. Compensation for providing expert services

7. all cases in the proceeding four years in which they have testified as an expert.

50
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What evidence may a party submit to support its motion for summary judgement?

Pleadings, affidavits, depositions, answers to interrogatories, written stipulations, and admissions

51
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How many jurors must concur for a verdict in a six-member jury?

Five jurors

52
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What should a defendant do to have the plaintiff's claims against it dismissed before it presents its defense?

The defendant should move for a directed verdict ordering the jury to dismiss the plaintiff's claims against the defendant

53
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How long does a party have to file a motion for a new trial or a motion for a judgement notwithstanding the verdict?

Seven days

54
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What is the deadline for filing a devolutive appeal?

Within 60 days of when: the time for filing a motion for a new trial or a JNOV elapsed or the denial or a timely filed new trial or the date the JNOV motion by another party was mailed

55
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Where can an action on a contract be brought?

The parish where the contract was signed, among others

56
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What should a defendant file to challenge and seek dismissal of a duplicate lawsuit?

A DECLINATORY action of lis pendens

57
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What must a party include in a notice of deposition to the opposition?

Reasonable notice to every party stating the time and place for the deposition and the name and address of each person to be examined, if known

58
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How can one party inspect an opponent's property?

A request for production, which must set forth the items to be inspected with reasonable particularity and specify a reasonable time, place, and manner for inspection.

59
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What steps can a party take to prevent an inspection of their property?

They need to seek a protective order prohibiting the inspection by showing that the request is oppressive or will cause undue burden and expense

60
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Is the parish where a relevant supervisor's office is located the correct parish for an action against a corporation?

Yes

61
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Reconventional demands

The civl law version of the counterclaim

62
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When is an incidental demand not barred by prescription?

As long as it was not barred at the time the main demand was filed and is filed within 90 days of service of the main demand

63
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How should a party give notice if they do not know the name of the deponent they need within a company?

They must name the company as the deponent and must designate, with reasonable particularity, the matters upon which examination is requested.

64
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What are the steps a plaintiff must take to require a defendant to respond to a lawsuit?

The plaintiff must serve the defendant with a certified copy of the petition and citation.

65
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What are the requirements for a valid petition?

petition must have a caption,

set forth concise allegations in numbered paragraphs,

be signed by the plaintiff's attorney,

set forth all causes of action arising out of the incident

designate an address for receipt of service and

conclude with a prayer for judgment

66
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What are the requirements for a valid citation?

contains the date of issuance,

title of the cause,

name of the addressee,

title and location of the issuing court and

a statement that that the cited person must either comply with the demand or respond to the suit within the time required by law under penalty of default

67
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How to serve an LLC without a registered agent

personal service on any manager, member, or employee of suitable age and discretion where the LLC regularly conducts business.

68
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How can a defendant bring into a lawsuit one who is or may be liable to him indemnity or contribution for all or part of the principal demand>

They can file a third-party demand

69
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When can the right to demand an incidental demand be loss?

When the defendant fails file a reconventional demand

70
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How can a party bring in other defendants in reconvention?

With leave of the court and if the court's jurisdiction extends to the new parties

71
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What steps can a defendant take to have the jury allocate some fault to a third party?

They can file a written request for proposed jury instructions to allocate fault.

72
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What obligations do attorneys have as officers of the court?

1. With decorum consistent with the dignity and authority of the court

2. Treat others in court with due respect

3. Not interrupt opposing counsel or impede proceedings

4. Not knowingly encourage or produce false evidence