Louisiana Civil Procedure Flashcards
What does a lawyer’s signature on a discovery document certify?
That the lawyer has read the request, response, or objection, and after reasonable inquiry, certifies that it is consistent with discovery rules, warranted by existing law or a good faith argument for modification, not used for improper purposes, and not unduly burdensome.
What does a lawyer’s signature on a pleading certify?
That the lawyer has read it, and after reasonable inquiry, certifies it is not used for improper purposes, warranted by existing law or a non-frivolous argument for modification, and that claims and denials have evidentiary support or are based on a reasonable belief.
What are an attorney’s obligations to the court as an officer of the court?
An attorney must conduct themselves with decorum, treat others with respect, not interrupt opposing counsel, not impede proceedings, and not encourage false evidence.
What must a petition in Louisiana contain?
A caption, names and domiciles of parties, concise factual allegations in numbered paragraphs, a cause of action, receipt of service, prayer, and attorney’s signature.
What must a citation in Louisiana contain?
The date of issuance, the person addressed, the name and location of the court, the title of the action, and a statement demanding the filing of the pleading under penalty of law.
Within how many days must a citation and petition be served upon the defendant?
Within 90 days of commencement of the suit.
Within how many days must a defendant file an answer after service of a citation and petition?
Within 21 days of service.
Within how many days must a defendant file an answer after being served with a discovery request?
Within 30 days of service of citation and petition.
What must a motion for summary judgment include?
The motion, a memorandum, and supporting documents asserting no genuine issue of material fact and that the movant is entitled to judgment as a matter of law.
What must an expert report include?
It must be written, signed by the expert, include the expert’s opinions and reasons, supporting data or information, exhibits, qualifications, publications from the last 10 years, trial testimony from the last 4 years, and compensation details.
Requests for Admissions
A party may request the authenticity of documents or information. The responding party must admit, deny, or object within 30 days, or it’s deemed admitted.
Requests for Production - Timing
A request for production may be served on a party after the commencement of an action and on any other party with or after service of a pleading.
Requests for Production - Requirements
The request must describe the items with reasonable particularity, specify the time, place, and manner of inspection, and state the form of production for electronically stored information.
Requests for Production - Response Time
The responding party must serve a written response within 30 days, stating whether inspection is permitted or objected to.
Requests for Production - General Discovery Rule
Discovery rules generally require the responding party to serve a response within 30 days, making this a key pattern to remember.
Depositions - Notice Requirements
The notice must include: name and address of the deponent, time and place of the deposition, method of recording if not stenographic, and designation of subpoenaed materials, if applicable.
Depositions - Recording Methods
If a deposition is recorded by a method other than stenographic means, the manner of recording, preserving, and filing must be designated in the notice.
Depositions - Subpoenaed Materials
If subpoenaed materials are involved, they must be designated in the notice of deposition.
Depositions - Phone or Electronic Means
Depositions may be taken by phone or electronic means if agreed upon by all parties or ordered by the court.
Depositions - Non-Party Witness
Unless a non-party witness consents, they must be subpoenaed. A Louisiana resident may be deposed in their parish of residence, employment, or business, or at a location set by court order. A non-resident temporarily in Louisiana may be deposed in the parish where served or at a court-ordered location.
Depositions - Notice and Subpoena (Step 1)
Serve the notice of deposition, which is sufficient authorization for the court to issue a subpoena.
Depositions - Notice and Subpoena (Step 2)
Serve the subpoena within a reasonable time before the deposition.
Depositions - Notice Requirements
The notice of deposition must include the name, address, time, place, and manner of the deposition, and designate materials subpoenaed in connection with the deposition.
Depositions - Party Witness
A subpoena is not required for the deposition of a party.
