Louisiana Civil Procedure Flashcards
((BARBRI))
Which of the following discovery methods is proper for seeking discovery from an expert witness who is expected to testify at trial?
(a) Serve the expert with a subpoena if you want to depose him or her.
(b) Serve the expert with a subpoena duces tecum if you want to obtain copies of relevant documents in the expert’s possession.
(c) Serve the attorney who retained the expert with interrogatories, deposition notice, or request for production of documents.
(d) Both (a) and (b) are proper discovery methods for a testifying expert witness.
(C) Serve the attorney who retained the expert with interrogatories, deposition notice, or request for production of documents.
Under La. Civ. Code of Civ. Proc. art. 1425(D)(1), discovery of a testifying expert is only permitted through use of interrogatories, deposition, or request for production of documents and tangible things.
((BARBRI))
Which of the following is not a basis for annulling a final judgment for vices of form?
(a) A final judgment rendered by a court lacking subject matter jurisdiction.
(b) A final judgment rendered against one who has not waived an objection to venue.
(c) A final judgment rendered against one not properly served.
(d) A final judgment rendered against one whom a valid default judgment has not been taken.
(B) A final judgment rendered against one who has not waived an objection to venue.
Under La. Civ. Code of Civ. Proc. art. 2002, a non-waived objection to venue is not a basis for an annulment of a judgment for vices of form.
((BARBRI))
Which of the following objections is not a dilatory exception?
(a) Improper cumulation of actions
(b) Nonjoinder of a party under Articles 641 and 642
(c) Unauthorized use of summary proceeding
(d) Discussion
(B) Nonjoinder of a party under Articles 641 and 642
Non-joinder of a party under articles 641 and 642 is a peremptory, not dilatory, exception.
Which of the following is NOT an appropriate venue for an action seeking to modify a child support obligation:
(a) The parish where the person paying the support is domiciled;
(b) The parish where the person awarded support is domiciled;
(c) The parish where the support award was rendered if it has not been registered and confirmed in another Louisiana state court; or
(d) The parish where the support award was last registered if registered in multiple Louisiana state courts.
(A) The parish where the person paying the support is domiciled;
A is not an appropriate venue for an action seeking to modify a child support obligation. Choices B, C and D are incorrect because they are all proper venues for child support modification proceedings under La. Code of Civ. Proc. art. 74.2(C).
Which of the following is NOT a prerequisite for a class action:
(a) The class is so numerous that joinder of all members is impracticable.
(b) There are questions of law or fact common to the class.
(c) Allowing the class action would provide the most judicially economical resolution of the claims.
(d) The claims or defenses of the representative parties are typical of the claims or defenses of the class.
C. Allowing the class action would provide the most judicially economical resolution of the claims.
(C) is not a prerequisite for a class action. Choices A, B and D are incorrect because all of them are prerequisites for a class action in Louisiana state court under La. Code of Civ. Proc. art. 591(A).
Which of the following is NOT a basis for which a juror must be excused pursuant to a challenge for cause:
(a) When the juror is closely related to one of the parties such that it must be reasonably believed that the relationship would influence the juror in coming to a verdict;
(b) When the juror has formed an opinion in the case or is not otherwise impartial;
(c) When the juror refuses to answer a question on the ground that his answer might tend to incriminate him; or
(d) When the juror served on a previous jury which tried a case containing issues similar to the case you are presenting.
(D) When the juror served on a previous jury which tried a case containing issues similar to the case you are presenting.
(D) is not a basis for which a juror must be excused pursuant to a challenge for cause. Choices A, B and C are incorrect because all of these are bases upon which a juror must be excused for cause under La. Code of Civ. Proc. art. 1765.
Which of the following is NOT a reason that a court would be required to deny the consolidation of two separate actions for trial:
(a) It would cause jury confusion.
(b) It would give one party an undue advantage.
(c) It would prevent a fair and impartial trial.
(d) It would lengthen the time required for trial.
(D) It would lengthen the time required for trial.
(D) is not a reason that a court would be required to deny consolidation of two separate actions for trial. Choices A, B and C are not correct because all of these are appropriate reasons to deny consolidation under La. Code of Civ. Proc. art. 1561.
Which of the following is NOT a mandatory ground for recusal of a judge from a particular case:
(a) The judge’s parent, child, or immediate family member is a party or attorney employed in the cause;
(b) At the time of the hearing of any contested issue in the cause, the judge has continued to employ, to represent him personally, the attorney actually handling the cause;
(c) The judge is a witness in the cause; or
(d) The judge is biased or prejudiced toward or against the parties or the parties’ attorneys or any witness to such an extent that he would be unable to conduct fair and impartial proceedings.
(B) At the time of the hearing of any contested issue in the cause, the judge has continued to employ, to represent him personally, the attorney actually handling the cause;
B is not a mandatory ground for recusal of a judge from a particular case. All other answer choices are mandatory grounds for recusal of a judge based on La. Code of Civ. Proc. art. 151(A).
Which of the following is NOT a basis for which a juror must be excused pursuant to a challenge for cause:
(a) When the juror is closely related to one of the parties such that it must be reasonably believed that the relationship would influence the juror in coming to a verdict;
(b) When the juror served on a previous jury which tried a case containing issues similar to the case you are presenting;
(c) When the juror refuses to answer a question on the ground that his answer might tend to incriminate him; or
(d) When the juror has formed an opinion in the case or is not otherwise impartial.
(B) When the juror served on a previous jury which tried a case containing issues similar to the case you are presenting;
B is not a basis for which a juror must be excused pursuant to a challenge for cause. Choices A, C and D are incorrect because all of these are bases upon which a juror must be excused for cause under La. Code of Civ. Proc. art. 1765.
Which of the following is NOT a reason that a court would be required to deny the consolidation of two separate actions for trial:
(a) It would cause jury confusion.
(b) It would give one party an undue advantage.
(c) It would lengthen the time required for trial.
(d) It would prevent a fair and impartial trial.
(C) It would lengthen the time required for trial.
C is not a reason that a court would be required to deny consolidation of two separate actions for trial. Choices A, B and D are not correct because all of these are appropriate reasons to deny consolidation under La. Code of Civ. Proc. art. 1561.
Which of the following is NOT an appropriate venue for an action seeking to modify a child support obligation:
(a) The parish where the person awarded support is domiciled.
(b) The parish where the person paying the support is domiciled.
(c) The parish where the support award was rendered if it has not been registered and confirmed in another Louisiana state court; or
(d) The parish where the support award was last registered if registered in multiple Louisiana state courts.
(B) The parish where the person paying the support is domiciled.
B is not an appropriate venue for an action seeking to modify a child support obligation. Choices A, C and D are incorrect because they are all proper venues for child support modification proceedings under La. Code of Civ. Proc. art. 74.2(C).
