15. LA Civ Pro- Timing

Question 1

Abandonment

Answer 1

3 years pass without either party taking any steps in prosecution or defense

Question 2

Motion to set aside dismissal based on abandonment

Answer 2

Within 30 days of sheriff’s service of order of dismissal

Question 3

Motion to certify the class

Answer 3

Within 90 days after service of the initial pleading on all adverse parties

Question 4

Request for Court to give written findings of fact and reasons for its judgment granting/denying class action

Answer 4

Within 10 days of notice of the order or judgment

Question 5

After prescription is suspended as to all class members, prescription begins to run again as to 1. persons electing to be excluded from the class, 2. persons excluded for the class’s inability to include them,
3. upon denial of motion to certify or dismissal of the class

Answer 5

1. 30 days from the submission of that person’s election form.
2. 30 days after notice of their exclusion
3. 30 days after the notice of class dismissal or after notice that motion to certify has been denied.

Question 6

Class action transfer for forum non conveniens

Answer 6

Within 30 days after class certification, upon contradictory motion

Question 7

Substitution when party dies and successor is a resident

Answer 7

Within 30 days from service of the summons

Question 8

Substitution when party dies and successor is a nonresident

Answer 8

Within 60 days from receipt of the summons by registered/certified mail.

Question 9

Citation and Service of a Defendant

Answer 9

Service must be requested on all defendants within 90 days

Question 10

Personal service by sheriff

Answer 10

If sheriff fails to serve after 10 days and diligent effort, a private natural or juridical person appointed by court will attempt service.

Question 11

Default judgment when long arm statute used

Answer 11

30 days after filing the affidavit of service, under long arm statute; 15 days from sheriff’s service of process if D fails to respond.

Question 12

Default judgment when service within the state

Answer 12

21 days from the service of the petition where service effected within the state, or 10 days for city or parish courts

Question 13

Answer

Answer 13

21 days to file answer when in the state; 30 days under longarm statute; 10 days in city/parish court, unless citation served through secretary of state in which case all defendants have 15 days. Defendant has 30 days to answer if P serves discovery with the petition. The State has 30 days to answer. If exception filed prior to answer, answer not required until 15 days after the exception is overruled or referred to the merits. If the exception is sustained, 15 days after service of the amended petition.

Question 14

Motion for summary judgment

Answer 14

Plaintiff: after the answer has been filed

Defendant: any time

Motion and supporting affidavits must be served at least 65 days prior to trial

Opposing memorandum and affidavits must be served at least 15 days before the hearing.
Reply memorandum must be filed and served at least 5 days prior to the hearing

Hearing on the motion must be set more than 30 days after filing the motion and more than 30 days before trial

Any judgment must be entered 20 days before trial.

Question 15

Special motion to strike

Answer 15

Defendant can file it within 90 days of service of the petition and it will be heard within 30 days.

Question 16

Objection to subpoena duces tecum

Answer 16

Recipient may within 15 days after service or prior to the time specified for compliance if less than 15 days after service, object in writing.

Question 17

Notice of deposition to preserve testimony for possible trial when no lawsuit is pending but litigation is likely

Answer 17

20 days

Question 18

Interrogatories

Answer 18

Must be answered under oath or objected to within 30 days of service or 15 days in family cases. (is 15 days still correct here? Rule changed for garnishees from 15 to 30 days)

Question 19

Response for requests for production of documents and things or entry upon land

Answer 19

30 days for responding or objecting

Question 20

Signing or objecting to release directing health care provider to release records of the party whose medical condition is at issue

Answer 20

30 days to sign the release or object

Question 21

Affidavit of medical costs by the person who provided the medical services or official custodian in charge of medical records, accompanied by itemized statement specifically setting forth service provided and corresponding charge

Answer 21

30 days before trial

Question 22

Requests for admission of facts or genuineness of documents

Answer 22

If no answer made within 30 days, fact is considered conclusively proved or the document is considered conclusively genuine.

Question 23

Expert report

Answer 23

90 days before trial if testifying case in chief
30 days after the opposing side’s expert report is disclosed if rebuttal only

Question 24

Motion for a pretrial hearing to determine whether a witness qualifies as an expert or whether his methodologies are reliable under 702-705

Answer 24

60 days before trial
Hearing and ruling on the motion must occur at least 30 days before trial. If ruling taken under advisement, court must provide findings of fact, conclusions of law and reasons for judgment not later than 5 days after the hearing.

Question 25

970 Written offer to settle all claims with adverse party without an admission of liability

Answer 25

20 days or more before the trial

Question 26

Motion for judgment on offer of judgment

Answer 26

If offer accepted may move for judgment on offer within 10 days after service.

Question 27

Reinstate a dismissed suit when plaintiff fails to appear for trial but there is a pending settlement

Answer 27

Either party may reinstitute within 60 days of receipt of the notice of dismissal

Question 28

Request of a jury trial

Answer 28

Within 10 days of the filing of pleadings that raise an issue triable by a jury, or the granting of another party’s motion to withdraw a jury demand.

Question 29

Judgment notwithstanding the verdict

Answer 29

Must be filed within 7 days, exclusive of holidays, from mailing or service (if required) of notice of signing of judgment. If there is no verdict, it must be filed within 7 days of jury discharge.

If JNOV granted, party whose verdict is set aside has 7 days to request a new trial.

Question 30

Request for findings of fact and reasons for judgment in a final judgment

Answer 30

Within 10 days of the mailing of the notice of signing of judgment. In nonjury personal injury cases, the court shall issue findings of fact, but not reasons for judgment, whether or not requested by a party to do so.

Question 31

When counsel is ordered to prepare and submit a judgment for signature after a jury trial

Answer 31

Due within 10 days of the verdict

Question 32

When counsel if ordered to prepare and submit judgment for signature when parties reach a compromise agreement that is recited into the record

Answer 32

Due within 20 days of the recital

Question 33

Motion for a new trial

Answer 33

Must be filed within 7 days, excluding holidays, from mailing or service of notice of signing of judgment (same for city or parish courts)

Question 34

Writ of certiorari

Answer 34

Within 30 days of mailing of notice of judgment and opinion by court of appeals or
Within 30 days of mailing of notice of denial of a timely filed application for rehearing to the court of appeals
For election contest, party must file application within 48 hours after court of appeals renders judgment

Question 35

Supervisory and Original writs

Answer 35

Must be first filed in a court of appeal within reasonable time set by trial court, not to exceed 30 days from the date of the ruling at issue.
After court of appeals rules, supervisory writs in the state supreme court must be filed within 30 days of mailing of judgment of the court of appeals.

Question 36

Devolutive Appeal

Answer 36

Within 60 days of when:
Motion for new trial or JNOV time elapsed (7 days)
Motion for new trial or JNOV denied
Commencement of delay (delay commences after the court acts upon the last post-judgment motion)
**Note: The time is interrupted for all parties upon filing of a notice of removal in a federal district court and commences anew on the date the proceeding is remanded.

Question 37

Suspensive appeal

Answer 37

30 days of when
The time for filing a motion for new trial or JNOV has elapsed
The denial of a timely motion for a new trial or JNOV is mailed
**Note:time limit interrupted upon filing of a notice of removal in a federal district court and commences anew on date the proceeding is remanded. Interrupted for money judgment appeals until trial court fixes the amount of security and commences anew on the date security is fixed. Interrupted when appellant seeks supervisory writ review of security fixed tby trial court until court acts on writ and commences anew on date the action is taken.

Question 38

Appellant must pay costs for preparing the appellate record.

Answer 38

Within 20 days of the clerk’s mailing of notice of appeal to all parties or the trial judge may dismiss the appeal.

Question 39

Return day

Answer 39

30 days from the date estimated costs are paid, if no testimony is to be transcribed
45 days from the date such costs are paid, if testimony is to be transcribed, unless the trial court fixes a lesser period.
Only one extension allowed and it cannot exceed 30 days

Question 40

Answer to an appeal

Answer 40

15 days from the later of the return day or the lodging of the record of appeal

Question 41

Application for court of appeals rehearing

Answer 41

Within 14 days of the transmission of the notice of judgment and opinion by the court of appeals

Question 42

Writ of certiorari to the supreme court

Answer 42

Within 30 days of the transmission of the notice judgment and opinion of the court of appeal a party may apply to the supreme court for a writ of certiorari
If denied, court of appeal judgment becomes final 5 days after the clerk mailed the judgment of denial.
If any party timely files a rehearing app, the time within which all other parties may apply to the supreme court for a writ of cert is extended to 30 days after transmitting the notice of denial of rehearing.
If timely application for rehearing is denied the judgment becomes final unless an application for writ of cert to the supreme court is filed within 30 days of the mailing of notice of denial of rehearing.

Question 43

Rehearing in the Supreme Court

Answer 43

Party may apply for a rehearing within 14 days of the mailing of the notice of judgment

Question 44

Appeal from order of a preliminary injunction and any required bond

Answer 44

Within 15 days from the order

Question 45

Appeal from City or Parish Courts

Answer 45

Within 10 days from the date of judgment or from service of notice of judgment.

Question 46

Notice of sale of movables to be sold at auction

Answer 46

Notice given in an ad in a local newspaper at least 10 days before the sale

Question 47

Notice of sale of immovables to be sold at auction

Answer 47

First ad must be placed at least 30 days before the sale. Second ad at least 7 days immediately preceding sale.

Question 48

Garnishee’s time to answer interrogatories

Answer 48

30 days

Question 49

Appearance of judgment debtor after filing of the judgment debtor rule

Answer 49

Must appear in court with records not less than 5 days from the date of service of the motion and order on the judgment debtor or his counsel.

Question 50

Suspensive appeal taken by debtor after seizure of property

Answer 50

Within 15 days of service of the notice of seizure

Question 51

Claim that attorneys’ fees stipulated in a mortgage or privilege are reasonable (upon seizure of property)

Answer 51

Must be raised by rule to show cause filed at least 10 days before sale and heard before sale or as defense to deficiency judgment proceeding after sale.

Question 52

Expiration of a temporary restraining order

Answer 52

Expires by its terms, not to exceed 10 days. May be extended for good cause.

Question 53

Hearing scheduled for preliminary injunction

Answer 53

Hearing must be scheduled not less than 2 nor more than 10 days from service of notice.

Question 54

Dissolution of TRO/Prelim Injunction

Answer 54

Any interested person can move to dissolve upon 2 days’ notice to adverse party

Question 55

Appeal from a judgment relating to a preliminary injunction

Answer 55

Within 15 days of written judgment

Question 56

Appeal for Possessory Actions

Answer 56

Suspensive: Loser has 30 days
Devolutive: Loser has 30 days

Question 57

Notice of pendency of action (lis pendens applicable to actions in LA state or federal court affecting title to or asserting a mortgage or privilege on immovable property; purpose to give 3rd parties notice)

Answer 57

Notice must be filed with recorder of mortgages for parish where property is situated and expires after 10 years but may be reinscribed by refiling the notice.
Reinscription filed before ten years continues the effect of the notice for 5 years from the reinscription.

Question 58

Creditors claims in simple possession without administration

Answer 58

Creditors have 3 months from the date of the judgment of possession in which to file a claim and the heirs must then post a bond to cover the claim or the judgment will be dissolved.

Question 59

Opposition to petition requesting authority to pay an allowance

Answer 59

10 days from the date of publication stating that opposition must be filed in 10 days (must be published once)

Question 60

Creditor delivers personally or by certified or registered mail a formal written proof to claim to the succession representative or files it in the succession proceedings

Answer 60

Creditor suspends prescription against his claim for up to 10 years.

Question 61

Divorce appeal

Answer 61

30 day and judgment suspended regarding annulment, divorce, partition of property, settlement of claims, and NO BOND need be posted

30 day delay to appeal alimony but doesn’t suspend that portion of the judgment. This is an exception to the 60 day devolutive appeal rule.

Question 62

Due date of an examiners written report in interdiction

Answer 62

7 days prior to the hearing

Question 63

Notice by mail on all persons named in the interdiction petition

Answer 63

10 days

Question 64

Filing date (curator) for every judgment of interdiction in conveyance and mortgage records where an interdict owns immovable property

Answer 64

Within 15 days of qualification

Question 65

Appeal of Interdiction judgment

Answer 65

Within 30 days of expiration of delay for new trial of JNOV motion or denial of such motions

Question 66

Hearing on preliminary interdiction

Answer 66

Within 20 days of the order scheduling the hearing

Question 67

Qualification of curator

Answer 67

Curator must qualify within 10 days of appointment by furnishing security and taking an oath

Question 68

Lessor’s written notice to vacate in eviction

Answer 68

Lessor delivers written notice to vacate within 5 days of delivery

Question 69

Court issuance of warrant directing sheriff to take possession when lessee fails to vacate

Answer 69

If lessee fails to vacate within 24 hours of judgment

Question 70

Suspensive appeal in eviction

Answer 70

No suspensive appeal is available unless D contested the rule and posted appeal bond within 24 hours of judgment of eviction

Question 71

When a bond is decreed insufficient, the amount of time a party has to furnish a new or supplemental bond with a new or additional surety

Answer 71

4 days, exclusive of holidays