15. LA Civ Pro- Timing Flashcards
Abandonment
3 years pass without either party taking any steps in prosecution or defense
Motion to set aside dismissal based on abandonment
Within 30 days of sheriff’s service of order of dismissal
Motion to certify the class
Within 90 days after service of the initial pleading on all adverse parties
Request for Court to give written findings of fact and reasons for its judgment granting/denying class action
Within 10 days of notice of the order or judgment
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
- 30 days from the submission of that person’s election form.
- 30 days after notice of their exclusion
- 30 days after the notice of class dismissal or after notice that motion to certify has been denied.
Class action transfer for forum non conveniens
Within 30 days after class certification, upon contradictory motion
Substitution when party dies and successor is a resident
Within 30 days from service of the summons
Substitution when party dies and successor is a nonresident
Within 60 days from receipt of the summons by registered/certified mail.
Citation and Service of a Defendant
Service must be requested on all defendants within 90 days
Personal service by sheriff
If sheriff fails to serve after 10 days and diligent effort, a private natural or juridical person appointed by court will attempt service.
Default judgment when long arm statute used
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.
Default judgment when service within the state
21 days from the service of the petition where service effected within the state, or 10 days for city or parish courts
Answer
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.
Motion for summary judgment
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.
Special motion to strike
Defendant can file it within 90 days of service of the petition and it will be heard within 30 days.
Objection to subpoena duces tecum
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.
Notice of deposition to preserve testimony for possible trial when no lawsuit is pending but litigation is likely
20 days
Interrogatories
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)
Response for requests for production of documents and things or entry upon land
30 days for responding or objecting
Signing or objecting to release directing health care provider to release records of the party whose medical condition is at issue
30 days to sign the release or object
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
30 days before trial
Requests for admission of facts or genuineness of documents
If no answer made within 30 days, fact is considered conclusively proved or the document is considered conclusively genuine.
Expert report
90 days before trial if testifying case in chief
30 days after the opposing side’s expert report is disclosed if rebuttal only
Motion for a pretrial hearing to determine whether a witness qualifies as an expert or whether his methodologies are reliable under 702-705
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.
970 Written offer to settle all claims with adverse party without an admission of liability
20 days or more before the trial
Motion for judgment on offer of judgment
If offer accepted may move for judgment on offer within 10 days after service.
Reinstate a dismissed suit when plaintiff fails to appear for trial but there is a pending settlement
Either party may reinstitute within 60 days of receipt of the notice of dismissal
Request of a jury trial
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.
Judgment notwithstanding the verdict
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.
Request for findings of fact and reasons for judgment in a final judgment
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.
When counsel is ordered to prepare and submit a judgment for signature after a jury trial
Due within 10 days of the verdict
When counsel if ordered to prepare and submit judgment for signature when parties reach a compromise agreement that is recited into the record
Due within 20 days of the recital
Motion for a new trial
Must be filed within 7 days, excluding holidays, from mailing or service of notice of signing of judgment (same for city or parish courts)
Writ of certiorari
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
Supervisory and Original writs
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.
Devolutive Appeal
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.
Suspensive appeal
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.
Appellant must pay costs for preparing the appellate record.
Within 20 days of the clerk’s mailing of notice of appeal to all parties or the trial judge may dismiss the appeal.
Return day
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
Answer to an appeal
15 days from the later of the return day or the lodging of the record of appeal
Application for court of appeals rehearing
Within 14 days of the transmission of the notice of judgment and opinion by the court of appeals
Writ of certiorari to the supreme court
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.
Rehearing in the Supreme Court
Party may apply for a rehearing within 14 days of the mailing of the notice of judgment
Appeal from order of a preliminary injunction and any required bond
Within 15 days from the order
Appeal from City or Parish Courts
Within 10 days from the date of judgment or from service of notice of judgment.
Notice of sale of movables to be sold at auction
Notice given in an ad in a local newspaper at least 10 days before the sale
Notice of sale of immovables to be sold at auction
First ad must be placed at least 30 days before the sale. Second ad at least 7 days immediately preceding sale.
Garnishee’s time to answer interrogatories
30 days
Appearance of judgment debtor after filing of the judgment debtor rule
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.
Suspensive appeal taken by debtor after seizure of property
Within 15 days of service of the notice of seizure
Claim that attorneys’ fees stipulated in a mortgage or privilege are reasonable (upon seizure of property)
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.
Expiration of a temporary restraining order
Expires by its terms, not to exceed 10 days. May be extended for good cause.
Hearing scheduled for preliminary injunction
Hearing must be scheduled not less than 2 nor more than 10 days from service of notice.
Dissolution of TRO/Prelim Injunction
Any interested person can move to dissolve upon 2 days’ notice to adverse party
Appeal from a judgment relating to a preliminary injunction
Within 15 days of written judgment
Appeal for Possessory Actions
Suspensive: Loser has 30 days
Devolutive: Loser has 30 days
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)
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.
Creditors claims in simple possession without administration
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.
Opposition to petition requesting authority to pay an allowance
10 days from the date of publication stating that opposition must be filed in 10 days (must be published once)
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
Creditor suspends prescription against his claim for up to 10 years.
Divorce appeal
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.
Due date of an examiners written report in interdiction
7 days prior to the hearing
Notice by mail on all persons named in the interdiction petition
10 days
Filing date (curator) for every judgment of interdiction in conveyance and mortgage records where an interdict owns immovable property
Within 15 days of qualification
Appeal of Interdiction judgment
Within 30 days of expiration of delay for new trial of JNOV motion or denial of such motions
Hearing on preliminary interdiction
Within 20 days of the order scheduling the hearing
Qualification of curator
Curator must qualify within 10 days of appointment by furnishing security and taking an oath
Lessor’s written notice to vacate in eviction
Lessor delivers written notice to vacate within 5 days of delivery
Court issuance of warrant directing sheriff to take possession when lessee fails to vacate
If lessee fails to vacate within 24 hours of judgment
Suspensive appeal in eviction
No suspensive appeal is available unless D contested the rule and posted appeal bond within 24 hours of judgment of eviction
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
4 days, exclusive of holidays
