Summary & Special Proceedings

Question 1

Summary Proceedings

Answer 1

Those which are conducted w/ rapidity, w/in the delays allowed by the court & w/out citation & observance of all the formalities required by ordinary proceedings

Five types of matters heard as summary proceedings:

1. Incidental questions arising in the course of judicial proceedings, including the reasonableness of atty’s fees
2. Application for a new trial
3. Exceptions, contrary motions, rules to show cause
4. Action against surety on a judicial bond
5. Homologation of judicial partition, tableau of distribution or account filed by legal representative

Summary proceedings that MUST be commenced by petition:

1. Habeas corups
2. Quo warranto
3. Mandamus

Question 2

Testate Succession

Answer 2

Procedure (probate)

• Petition of possession
• Inventory prepared
• Executor joins in petition.
• Videotape Evidence

Provided testator’s sworn oath is recorded on videotape – videotape of execution of testament is admissible as evidence of:

• Testator’s mental state/ capacity
• Proper Execution of testament
• Testator’s intentions
• Testament’s authenticity
• Other matters Court deems relevant to probate.

Question 3

Intestate Succession

Answer 3

Procedure

File verified petition for possession w/ affidavit of death, domicile, and heirship.

Sworn Descriptive list of assets – Inventory Prepared. It must be:

• 1- Sworn + subscribed by person filing it;
• 2- Show location of all items of succession property; AND
• 3- State the FMV of each item as of the date of decedent’s death.

Judgment of possession can then be granted ex parte.

Surviving spouse must join in the proceeding.

Question 4

Interdiction

Answer 4

Venue

Parish of interdict’s domicile/ residence if not domiciled in this state.

Petition Requirements

1. Name, domicile, age, and address of: Petitioner, D (person to be interdicted) & Proposed Curator
2. Reasons & extent of interdiction (full or limited)
3. Name & address of defendant’s spouse and adult children, or, if none, parents and siblings, or, if none, nearest adult relative.
4. Name and address of any prior legal representatives or curators.

Removal

Must allow communication and visitation

• Must allow it between interdict older than 18 and a relative OR any person who has a strong affection relationship with interdict if in his best interest.
  
  • If denied, may seek relief through expedited rule to show cause or injunction (in which case denial constitutes irreparable harm).

Question 5

Mandamus

Answer 5

A writ directing a public officer to perform a ministerial duty required by law or directing a corp or LLC to perform a duty required by charter, bylaws, or law or to recognize the rights of its members or shareholders

Question 6

Partiton

Answer 6

Partition of Property Between Co-Owners

Ordinary Proceeding → 2 options: In kind or by licitation.

Venue

• Immovable – Where are all/ part of property is located
• Movable – where any movable is located

In Kind

• If the property is divisible by its nature – the court will order partition in kind.
  
  • Court shall partition in kind if the total value of the individual lots is not significantly lower than the total value of the entire property.

By Licitiation → Public auction is held after advertisement – proceeds are then divided.

Question 7

`Declaratory Judgment