Actions Flashcards
what is res judicata
a party must assert all causes of action arising out of the transaction or occurrence that is the subject matter of the litigation. exception: parties to divorce are not requried to reaise claims for spousal and child support in divorce action itself
what is an action
a demand for enforcement of legal right
when may actions be cumulated
actions based on different grounds may be cumulated if each is within courts jurisdiction and brought in proper venue AND mutually consistent and employ same form of procedure
for plural plaintiffs or defendants: community of interest, within courts jurisdiction and venue; and mutually consistent and employ same for procedure (summary proceeding and ordinary proceeding cannot be cumulated)
three plaintiffs file complaint against your client, wrongful discharge, slip and fall, false imprisonment. What can you do to challenge combination of three actions in one petition
File dilatory exception of improper cumulation of actions. Two or more parties may be joined in the same suit as plaintiff against single defendant only if
- there is a community of interest between the parties
- each action is within jurisdiction of the court and venue is proper
- actions are mutually consistent and employ same form of procedure
* No community of interest here)
what is lis pendens
when a suit is brought in louisiana while another is pending in another state or in federal court on same transaction or occurrence, between same parties in same capacities, court may stay proceedings in second pending outcome of first
when does abandonment occur?
three years without either party taking any steps in prosecution or defense. (entry or removal of attorney is not a step) (if katrina or rita the cause, then five years0
justice of peace court is 1 year, succession proceedings are excluded.
in an appeal, the appellate court sets abandonment period
