LACCP

TIME: Wednesday 8am to 10am

MOST COMMON TOPICS:

Top 3:
-​ Venue
-​ Motion for Summary Judgement
-​ Depositions

Honorable Mentions:
-​ Exceptions
-​ Duties of a lawyer (meaning of signing pleadings)
-​ Citation and Service
-​ Other discovery methods (especially interrogatories & Request for documents)
-​ Experts
-​ Appeals

Notes based on - F2018, J2018, F2012, J2012, F2021, J2021, F2022, J2022, BB

Tips: Examiner changed after 2020!! Outline does not currently include special actions which
have mostly been MC’s lately - TBD if I’ll add those…

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Lawyer’s Duties:

When a lawyer signs a pleading: certifying that the lawyer has read it and that to the best of
their knowledge,information and belief formed after reasonable inquiry:

1)​ It is not being used of any improper purposes such as to harass, delay or increase costs
2)​ It is warranted by existing laws or by a non-frivolous argument for the extension,
modification or reversal of existing law
3)​ It has or is likely to have evidentiary support
4)​ Each denial is warranted by the evidence or reasonably based on lack of information or
belief

Types of pleading a lawyer certifies when signing:

1) petitions, 2) answers, 3) writing motions and 4) exceptions

As officer of the court: an attorney must conduct him or herself with decorum consistent with
the dignity and authority of the court, treat all participants with due respect and not interrupt
opposing counsel or impede orderly judicial process

Signature on a discovery request: certifying that they have read the request, response or
objection, information and belief formed after reasonable inquiry it is 1) consistent with discovery
rules and is warranted by existing law or good faith argument for the extensions, modification or
reversal of existing law, 2) not interposed for any improper purpose such as to harass or
increase unnecessary costs, and 3) no unreasonable, unduly burdensome or expensive given
the nature of litigation

Computation of Time: The event or default date is not counted, then the last day of the period
is counted unless it is a legal holiday. Weekends are considered legal holidays in Louisiana.

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Jurisdiction:

Def: the legal power and authority of a court to hear an action

Subject matter JD: JD based on the object of the demand, type of action, or amount in dispute.
-​ Varies based on court. Ex: city courts have lower $$ amounts than district courts

Personal JD: legal power of court to render a personal judgment against a party.
-​ By Presence Within the State, Domicile, Consent (ex: commencing an action), conduct
(see specific JD below)
-​ Must have Subject matter JD and personal JD

Long Arm JD: Long arm statutes authorize personal Jd over nonresidence based on certain
acts or commission in LA.
-​ To establish specific long arm JD, courts look to a number of possible actions such as:
-​ Transacting business in LA
-​ Having immovable property in LA
-​ Regularly sells products in LA
-​ Contracting to supply things in LA
-​ An act or omission outside of LA caused damage in LA
-​ Manufacturing a product while expecting that its product would be found in LA
since it is regularly sold to an LA retrailer
-​ But must keep in mind constitutional limitations (specifically due process) such that a P
must establish that an out-of-state D has
-​ 1) minimum contacts with LA (D purposely directed activities at LA)
-​ Whether the defendant had a reasonable belief of being haled into court
in the forum state
-​ If the defendant has purposefully directed activities at forum residents
-​ A party could have foreseen their product being in the market as a result
of the stream of commerce, but it is unclear how far this could be taken.
-​ And 2) the suit does not offend traditional notions of fair play and
substantial justice (burden shifts to D to establish unfairness)
-​ Burden on the defendant.​ ​ ​ ​
-​ State’s interest in the dispute.
-​ Plaintiff’s interest in obtaining
-​ Judicial system’s interest in efficient resolution.​
-​ State’s interest in substantive social policies.

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Venue:

Def: The parish where an action or proceeding may properly be brought.

General Rules:
-​ Individual
-​ Domile- parish of domicile
-​ Resides but not domiciled - parish of residence
-​ Non resident with agent - parish of agent’s PO box
-​ Nonresident without agent - Parish of plaintiff’s domicile or where service is made
-​ Business entities (corp, llc, partnerships)
-​ Domestic - Parish of registered office
-​ Foreign and licensed to do biz in LA - parish of principal biz establishment if on
biz application, or, if no designation, parish of primary place of biz
-​ Foreign and not licenses - Parish of plaintiff’s domicile or where service is made
-​ Partnerships - parish of principal biz establishment
-​ Insurers
-​ Domestic - parish of registered office
-​ Foreign or Alien - Parish of plaintiff’s domicile or where service is made
-​ Updated in 2024, used to be East Baton Rouge

Special Rules:
-​ Joint and solidary obligors - venue good for one, is good for all
-​ Torts - where damages were sustained, wrongful conduct occurred or defendant is
domiciled
-​ Contracts - Where contract was executed or work was performed
-​ Immovable Property - where it is located
-​ There are more, add as they come up in the practice exams

Forum non conveniens - moving to another venue for the convenience of parties and
witnesses in the interest of justice

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Pleadings:

-​ Substance: LA requires fact pleading (e.g. not notice pleading) and thus the facts must
set forth a cause of action with particularity.
-​ OK to not include an exact $$ amount
-​ Timeline: Service of citation must be requested on all named defendants within 90 days
of commencement of an action
-​ Who: Typically a sheriff in the parish where service is made; private process servers
allowed with court approval
-​ Types:
-​ Personal Service (Preferred) - Delivered directly to the person being served. If it
fails after 10 days, a private person may be appointed by the court.
-​ Domiciliary Service - Allowed if personal service cannot be made. Must be
made at usual place of abode, on a person of suitable age and discretion residing
in the household.
-​ Service on Legal Entities -
-​ Corporation: Agent for service of process or if none, any
officer/director/employee
-​ LLC: Registered agent or if none/failure manager/member
-​ Partnership: Any partner
-​ Foreign/Alien Insurers Secretary of State, if no agent is found
-​ Long-Arm Service - made by mailing the citation and petition by certified or
registered mail or by actual delivery to the defendant by commercial courier.
-​ If none of these methods - service upon court appointed attorney
-​ Service of doctors: personal service, any clerical employee of doctor, or if the
sheriff is unable to make service after 10 days and diligent effort, a private person
who is not a party may be appointed by the court to make service.
-​ Answer - Must respond to motion within 21 days.
-​ 30 days if with discovery requests (like interrogatories), long arm service, or if D
is a state entity.
-​ 10 days for city or parish courts.
-​ 15 days after service of amended petition or after an exception is overruled.
-​ Consequences of nonrespond: default judgment!
-​ Final judgment; P must present a prima facie case include affidavits
-​ Substance: no general denials - must address issues specifically.
-​ Include Affirmative Defenses
-​ Must be plead in answer in order to be raised at trial to avoid surprises
-​ Ex: negligence, or fault of the plaintiff and others (e.g. comparative fault),
duress, error or mistake, estoppel, extinguishment of the obligation in any
manner, failure of consideration, fraud, illegality, etc.
-​ Failure to plead: prohibit defendant from offering evidence to support this
defense at trial
-​

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-​ Abandonment - if no action is taken after 3 years, a suit is considered to be abandoned.
-​ Time is tolled based on any action by P or D.
-​ Any interested party may file an ex parte motion to dismiss by reason of
abandonment, but a motion is not necessary
-​ Temporary Restraining Order (TRO) - Party must prove they will suffer irreparable
harm if other party is not enjoined (eg stopped) from action.
-​ Irreparable harm = harm that is incapable of being compensated for by monetary
damages
-​ Often filed with a preliminary and permanent injunction
-​ Effect of wrongful issuance - damages, including attorney’s fees
-​ P must be verified and contain an attorney certification regarding efforts made to
provide notice to Biz/offending party
-​ Amending petition -
-​ Timing: P may amend before answer is served, or later with leave of the court or
consent of D
-​ Answer of amended petition is required 10 days after service
-​ D may amend once within 10 days after answer is served
-​ Exceptions may be amended with leave of court but only to amplify them
-​ Relation Back doctrine - arises out of the same conduct, transaction or
occurrence
-​ Requirements for adding parties:
-​ Adding P: 1) D knew or should have known of the existence or
involvement of new P, 2) new and old plaintiffs are sufficiently related,
AND 3) no prejudice to defiant in preparing defense
-​ Adding D: 1) substituted D received notice of suit so there is no prejudice
in preparing the defense, AND 2) the substituted D knew or should have
known that but for the mistaken ID, they would have been sued
-​ Ex: A party may amend a petition to add another party as a defendant
(such as an insurance company). If the D and new party are solidarily
liable, then commencement against one solidary obligee of the suit
interrupted prescription for all.
-​ Lis pendens - 2 lawsuits ending in more than one court on the same transaction
between the same parties. The later lawsuits will be dismissed upon filing a declinatory
exception.
-​ Dismissal is without prejudice. Dismiss all but the first filed.
-​ If not dismissed and one leads to a judgment, it will have a res judicata effect
which would be a peremptory exception which can be filed at any time.

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-​ Class Actions:
-​ 5 requirements for certification:
-​ 1) class is so numerous that joinder of all members is impractical
-​ 2) common questions of law or fact common to the class
-​ 3) claims asserted are typical of the claims of the class
-​ 4) representative parties can fairly and adequately project the interests of
the class
-​ 5) class may objectively be defined in terms of ascertainable criteria
-​ Plus, an additional criteria or “kicker” - must be meet only one:
-​ Separate actions would create risk of inconsistent results
-​ Party opposing class has been a jerk eg acting in a manner applicable to
the class as a whole
-​ Questions of law or fact common to the class predominate over any
questions affecting only individual members and that a class action is the
most fair and efficient type of adjunction
-​ Something about settlement…
-​ Timelines:
-​ A motion to certify the class must be made within 90 days after service of
initial pleading.
-​ Prescription suspended for all class members. If any opt out or class
certification is denied then the clock starts again (not suspended, not
interrupted) after 30 days of event
-​ If class certification is denied - lawsuit continues with parties joined.
-​ May appeal as an interrogatory (eg not final judgment)
-​ Stricken demand for class relief may be reinstated upon showing of good
cause
-​ Derivative Actions - to enforce a right by a shareholder, partner or member of a
corporation which refuses to enforce its own right
-​ Likely will review more when we get to biz orgs
-​ LA Direct Action Statute - P can sue the insurer directly in LA on any liability policy.

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Joinder, Consolidation & Incidental Demands

-​ Compulsory Joinder - A party must be joined if in their absence, complete relief can not
be achieved among current parties, or he claims an interstate relating to the subject
matter of the action and is saturated that the action as is will impair his ability to protect
this interest or subtlety risk incurring multiple or inconsistent obligations.
-​ Courts consider a) extent of prejudice, if prejudice can be lessened or avoided,
adequacy of judgment and remedy.
-​ Consolidation of suits - When two or more separate actions are pending in the same
court, they may be consolidated in the section with the first filed action if there are
common issues of law and fact predominate for the interest of justice.
-​ Reasons against: cause jury confusion, prevent a fair and impartial trial, give a
party an undue advantages, or prejudice a party.
-​ Cumulation of actions - 2 or more parties may be joined in the same suit against a
single D if 1) community of interest (arise out of same operative facts and commonality
of legal claims), 2) each action is within the jurisdiction of the court and venue is proper,
and 3) the actions are mutually consistent and employ the same form of procedure.
-​ For single P v single D - may still comulate suits if 2) and 3) above but community
of interest not required
-​ Reconventional Demand (think: counterclaim)
-​ Any claim, weather related or not
-​ Must be asserted for any claims rising out of the same transaction or occurrence
-​ Cross Claim - D v another D. A party may file if claim is deemed to arise out of the
same transaction or occurrence as the main claim.
-​ Intervention - Third party entering a lawsuit!
-​ Must be seeking to enforce a right related or connected to the object of the
pending suit “take lawsuit where they found it” (eg can’t add new claims)
-​ May join P, D or oppose both
-​ Timing: Must not be barred by prescription when main demand was filled and is
filed with 90 days of service of main demand
-​ Third Party demand - D can bring in another D if the third party is liable to the original
D, such as they caused the issue (eg are at fault) or an insurance company.
-​ Same timing as intervention - not be barred by prescription at the time of the
main demand and must be filed within 90 days of service of the main demand.

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Exceptions

Declinatory Exceptions - Decline the JD of the suit (must include before or in answer!)

1.​ Lack of personal jurisdiction – Court has no authority over the defendant.
2.​ Improper venue – Suit filed in the wrong parish.
3.​ Insufficiency of citation – Citation is missing or legally deficient.
4.​ Insufficiency of service of process – Defendant was not properly served.
5.​ Lis pendens – Same suit is already pending in another court.
6.​

Dilatory Exceptions - Delay the progress of the action (must include before or in answer!)

1.​ Prematurity – Suit was filed before the right to sue arose.
2.​ Want of amicable demand – Plaintiff didn’t first demand performance when required.
3.​ Unauthorized use of summary proceeding – Wrong procedural method was used.
4.​ Nonconformity with formalities of petition – Petition has technical/form defects.
5.​ Vagueness or ambiguity in petition – Petition lacks clarity needed to respond.
6.​ Lack of procedural capacity – Party lacks legal capacity to sue/be sued (e.g., minor).
7.​ Improper cumulation of actions – Multiple claims are improperly joined.​
Discussion (suretyship) – Surety demands creditor pursue debtor’s assets first.

Peremptory Exceptions - Defeat or dismiss the action; court can raise on their own motion

1.​ No cause of action – The petition doesn’t state a legal claim.

2.​ No right of action – Plaintiff lacks legal interest to sue.
3.​ Prescription – The claim is time-barred.
4.​ Res judicata – The claim has already been decided.
5.​ Nonjoinder of necessary party – An indispensable party is missing.
6.​ Discharge in bankruptcy – The debt has been legally discharged.
7.​ Lack of legal capacity to sue – Plaintiff cannot legally bring the action.
8.​ Lack of subject matter jurisdiction – Court lacks authority over the type of case.
a.​ ^^ important recent change!

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Motions:

Before Trial:

Motion for Summary Judgement:

-​ Standard: No genuine issue of material fact and the moving party is entitled to judgment
as a matter of law.
-​ Do not need to negate all essential elements if D, only one!
-​ Support: discovery (such as deposition transcripts) thus far plus affidavits from affiants
who are competent, attesting to facts based on personal knowledge and which are
admissible at trial.
-​ Timelines:
-​ MSJ must be served 65 days prior to trial
-​ Opposing memo and affidavits must be served 15 days prior to hearing
-​ P then has until 5 days before hearing to reply (may not include additional docs)
-​ Court to rule by 20 days before trial

Motion for judgment on pleadings -

-​ Timing: After the answer is filed,
-​ Review: All allegations of fact in mover's pleadings not denied by the adverse party or by
effect of law, and all allegations of fact in the adverse party's pleadings shall be
considered true.

Daubert motion aka motion to determine where plaintiff’s expert qualifies as an expert or
weather his methodologies are reliable under the code of evidence
-​ Filed (served?) 60 days before trial
-​ Ruled on 30 days before trial

Motion for Judgment on Offer of Judgment

-​ A party may make a written offer to settle all claims without an admission of liability.
-​ Timeline: 20 days prior to trial, must be accepted 10 days after service
-​ Effect; If it goes to trial and a verdict is something about a 25% rule then the other party
must pay costs (but not attorney’s fees)

Motion to Strike:
On courts on motion or any party
-​ At any time after a hearing strike from a pleading any insufficient demand or defense or
immaterial or scandalous matter

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During trial:

Motion for directed verdict

-​ Grounds: plaintiff has shown no right to relief at jury trial!
-​ Standard: the facts and inferences are so overwhelmingly in favor the moving party that
reasonable minds could not a reach a contrary verdict

Motion for involuntary dismissal

-​ Grounds: upon facts and law, the P has show no right to relief
-​ Court must evaluate the evidence to determine whether plaintiff proved his case by
preponderance of evidence.
-​ Note: no special inference, sine bench trial - unlike DV.

After trial:

Motion for additur (or remittitur) = increase (or decrease) the amount of an award.
Appropriate when damages awards are so clearly inadequate (or excessive) that a new trial
could be granted on that basis alone.
-​ The issue of quantum must be clearly severable from liability
-​ Defendant must consent to the increase or a new trial will be granted
-​ Court may raise on its own motion “sua sponte”

Motion for New Trial - must show verdict appears clearly contrary to the law and evidence;
discovery of new evidence not found before the trial, and/or jury bribery or misconduct
-​ Timeline: 7 days exclusive of weekends and holidays (eg not counted)
-​ No need to evaluate evidence in light of either party (unlike JNOV)

Judgment notwithstanding the verdict (JNOV) - judge will consider all evidence in light most
favorable to the non-moving party, then if facts and inference so strongly and overwhelmingly
favor one party that reasonable person could not reach a contrary result, the court should grant
the motion
-​ Timeline: 7 days exclusive of weekends and holidays (eg not counted)

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Discovery Devices:

Scope:
-​ A party may discover any matter, not privileged, which is relevant to the subject matter of
the litigation.
-​ Information need not be admissible at trial, if the info is reasonably calculated to lead to
the discovery of admissible evidence.
-​ Exceptions: work product privilege (created in anticipation of trial), attorney-client
privilege

Types:
-​ Request for production of documents or inspection of things
-​ For things - Describe items to be inspected with reasonable particularity and
specify a reasonable time, place and manner for making the inspection.
-​ Documents may be organized to correspond with the request or produce them as
they are kept in the usual course of business
-​ Must respond within 30 days after service of request! (Or object with same time)
-​ If party objects to inspection, must then seek a protective order from the court
showing the request is oppressive or will cause undue burden or expense.
-​ Request for admission - Admit or deny. Silence = denial. Must respond within 30 days!
-​ Interrogatories: Questions directed form one party to another. Limited to 35.
-​ When answers to interrogatories can be obtained from documents, defendant
may specify where tin the documents the answers may be found
-​ Or if the burden is substantially the same for both parties, amend
documents available in lieu of answering interrogatories
-​ Physical or Mental Exam - A party may seek a court order compelling the other party to
undergo a physical exam by a medical doctor or licensed psychologist when there are
mental or physical injury claims.
-​ There is also a device called Request to Release Medical Records
-​ See below for depositions which are always tested

Special Rules:
-​ Failure to produce/comply - first, motion to compel, if continued failure then: motion
for sanctions
-​ Judge may then deem a matter proven, exclude evidence, strike pleadings,
dismiss the case, or enter a default judgment against the defendant
-​ Common questions:
-​ Insurance information - To determine name of insurer - may file a request for
production of documents asking for a copy of the policy, or deposing the party to
ask under oath.
-​ Similar for authenticating a contract. May also use requests for admission.
-​ Subpoena duces tecum - A party may compel a third party to produce documents and
records at a specified place and time as relevant to the lawsuit.

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 -​ Duty to supplement: Usually no duty if discovery response was complete at the time
given. However, 3 exceptions: questions of identification of persons with discoverable
knowledge or expert witnesses; information that makes previous response incorrect; or
by court order or agreement.
-​ Inadvertent disclosure - must return and safeguard!
-​ Terrifying Experts - Name is discoverable; must also provide a written report prepared
and signed by expert at least 90 days before trial. Or if only for rebuttal, then 30 days.
-​ Draft reports are not discoverable.
-​ Facts and opinions of non testifying experts is also not discoverable.

Depositions:

-​ Request: Reasonable notice in writing to every party stating the time, date and place for
the deposition, and the name and address of each person to be examined.
-​ Contents - Same as discovery e.g. not everything has to be admissible at trial.
-​ Objections - Preserved for trial (eg relevance) except privilege or form of the question
which must be made at the time of the deposition.
-​ Non-parties: Subpoena person to appear at a designated time and place. Pay travel
expenses and attendance fee.
-​ If they do not show due to fault of a party (like not sending the subpoena), the
other party may move the court to pay reasonable expenses incurred including
attorney’s fees.
-​ 1442 deposition - when a party does not which employee will likely have knowledge,
they may send a notice of deposition designating the matters on which the exam is
requests (to add more/better language)
-​ The responding party must then designation an appropriate person to testify
-​ Method: May be taken by phone or other electronic means (such as zoom) upon
agreement of parties. If one party does not agree to this method, the other party may
obtain a court order to take the deposition through this method.
-​ Recording: default is stenographic means. If manner of recording, preserving and filing
a deposition is different, then must be designated in the notice
-​ Restrictions: May not dispose the attorney of record for P or D, except under
extraordinary circumstances

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Trials:

-​ Witnesses - party may subpoena but must pay travel expenses and a $50 per day rate
-​ Jury challenges:
-​ For cause – unlimited; must show they are not impartial due to past knowledge,
relationship, or evening being a jury on a similar trial
-​ Peremptory - for any reason, however, limited based on # of juries:
-​ 3 for trials with 6 jurors (+2 more if multiple parties)
-​ 6 for trials with 12 jurors (+4 more if multiple parties)
-​ Jury verdict - 9 out of 12 needed, or 5 out of 6
-​ May be general or special. If special, need Jury instructions
-​ A party may file a written request for jury instructions instructing juries for
special requests such as to appropriate percentage of fault to a third
party.
-​ Jury demand - P may demand a jury trial within 10 days of filing her petition since the
petition is a pleading which raises issues triable by a jury (ex: liability and damages)
-​ D may demand in answer or within 10 days…
-​ If P withdraws demand, then D has 10 days to demand
-​ Action of nullity for vices of form - no proper service, lack of subject matter JD,
against an incompetent person
-​ Action of for vices of substance - fraud or ill practices; must be brought within 1 year
of discovery

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Appeals:

Interlocutory Judgement (eg not a final judgment) - file an application for supervisory writs
-​ Does not include partial final judgment such as dismissing one party from multi-party
suit

Suspensive - suspends the effect of a judgment, requires a bond

-​ Bond is the amount of the judgment unless over $150M then judicial discretion
-​ Timeline: 30 days from the expiration date for applying for new trial
-​ P may challenge the sufficiency of the bond by filing a motion to test the sufficiency of
the appeal bond. THis will be heard in the trial court. May also test solvency of the
surety. If insufficient, D can furnish a new or supplement bond and/or new surety within 4
days (exclusive of holidays)

Devolutive - allows the judgment to be enforced pending the outcome of the appeal.
-​ Timeline: 60 days rom the expiration date for applying for new trial/JNOV or denial

Trial Court continued JD: After an appeal is perfect, the trial court retains JD to perform certain
acts, such as taxation and expert witness fees

Supreme Court JD: original jurisdiction over disciplinary proceedings against members of the
bar; appeal of right for unconstitutional claims or death sentence; discretionary appeal for any
decision of state court of appeal

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Money Judgements:

First step: File for and receive a writ of fieri facias which directs the sheriff to seize and sell D’s
property
-​ Sheriff has up to 1 year to seize property under writ
-​ Must wait until time to take suspensive appeal
-​ except for judicial mortgages which may be pursued immediately

If money/property location is unclear, then: Motion for examination of judgment debtor - court
will order the judgment debtor to appear with their financial records not less than 5 days from
service and they will be questioned under oast
-​ Proper venue - trial court has rendered the judgment
-​ Failure to appear - punishable as contempt

Prescription: Judgment Creditors may revive the judgment anytime before it prescribes after 10
years. Can do so by filing an ex parte motion to revive judgement which will then interrupt the
prescription period.
-​ Based on affidavit that amount is not paid
-​ Service and citation not required!

Garnishment:
-​ Of bank funds - also called writ of fieri facias
-​ P must include citation, petition, garnishment interrogatories and notice of seizure
-​ Bank then has 15 days to answer

Out of state judgements:

-​ Two options: May bring an ordinary proceeding against the LA judgment debtors to have
the other state’s judgements recognized and made the judgment of an LA court
-​ Or using the enforcement of foreign judgment act - annex authenticated copy of
foreign judgment to an ex parte petition and file affidavit with last known address of the
judgment debtor and the judgment creditor; clerk sends notice to betore; the judgment
may be executed 30 days after mailing (eg faster)
-​ Venue = parish of judgement debtors’ domicile

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Questions:

-​ Succession, divorce, interdiction, emancipation, etc. procedure questions… seem to be

asked less, but still in some MC
-​ Lis Pendens - which JD to consolidate in? J2018, Q1.5
-​ When a contract is signed in 2 parishes by P and D - are both proper? July 2012, Q1C
says yes.
-​ What’s up with video testaments? Is that a valid form in LA?
-​ Does a witnesses distance from the court matter for purposes of subpoena and travel
expenses

Lecesne lecture on key topics - quick notes:

●​ Long Arm JD
●​ Venue - gen rules, contracts, insurance, place of principal business
●​ Forum Non Convenians
●​ Non waivable venue - esp action to annul judgment (special proceedings frequently as
mcq)
●​ Sub out LA direct action statute!
○​ See PDF provided for this and other recent changes not included in BB
●​ Cumulation of Actions
●​ Lis Pendens
●​ Abandonment
●​ Class Actions (not always tested but 1 entire essay q a few years back)
○​ don't forget Forum Non Convenians and Lis Pendens as they related to class
action
●​ Derivative Action
●​ Joinder (not highlighted) - asked if Cumulative is not asked
●​ Attorney's Signature - less frequent recently but used to be on every exam
●​ Pleadings - no specific monetary amount. If in petition, then motion to strike
●​ Mechanics of service! 90 days to request service - if not, known consequences.
Frequently domiciliary and long arm
●​ Default judgements!! p 33 in BB
○​ notice of hearing for default judgement - must give D notice and last ditch effort to
answer the petition....
○​ important difference for Tort action
●​ The answer - timeline generally (21 generally v 30 for long arm, gov entities or if served
with interrogatories v 10 for city cases )
●​ Affirmative defenses - most frequent: contributory negligence
●​ Exceptions - know them all!
○​ SMJ just changed to Peremotry (thus not barred if not plead in answer)
○​ give type and exception
○​ know time for pleading and waiver

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 ○​ peremptory can even be plead upon appeal! (frequently happens with
prescription)
●​ Incidental Demands
○​ Cross Claim, Intervention + 3rd party demand most frequent
○​ Know reconventional demand (aka counterclaim elsewhere)
●​ Motions!
○​ KEY: motion for summary judgment
○​ Motion for judgement on pleadings
○​ Motion for judgment on offer of judgement (see errata for recent update)
●​ Discovery
○​ Subpoenas
○​ anyone who lives or works in LA
○​ Protective orders
○​ Types of discovery esp depositions, request for admission and request to inspect
documents (or things)
○​ Failure of witness to show up to deposition
○​ Compelling discovery and sanctions
○​ Work product - qualified privilege, can be overcome
○​ Experts!! - Qualification (thus need a Daubert hearing - hearing to determine
qualifications of an expert) + getting copy of written expert report (only for
testifying experts)
○​ Duty to supplement - none unless special situation
○​ 1442 depositions
○​ Attorney Signature on Discovery
●​ Trials:
○​ Continuances on peremptory grounds
○​ Offer of Proof << look up, what to do if judge denies admission of evidence
○​ Involuntary Dismissal
○​ right to trial by jury - none if claim is <$10k or against gov
○​ request within 10 days
○​ jury challenges: peremptory (limited) and for cause (unlimited)
○​ jury size
○​ directed verdict + standard
○​ JNOV + standard
○​ remittitur and additur
○​ motion for new trial + standard (court got it wrong!)
●​ Final Judgments
○​ know requirements (eg signed by judge)
○​ may only amend for math errors or phraseology but to not alter the substance
○​ Partial final judgments (ex: dismissing less than all the parties from the case) -
then what is immediately appealable
○​ findings of fact and reasons for judgement << look at again
●​ Appeals:
○​ SC JD

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 ○​ Suspensive v Devolutive Appeals
○​ Bonds for suspensive appeals, sometimes surety used to post bond (may test the
sufficiency and validity of bond)
○​ Answer to appeal: within 15 days, the party's issue with the appeal (not a full
brief)
●​ Execution of Money Judgments
○​ know it! hasn't asked in a while so it's ripe to get asked!
○​ Garnishment of banks or wages
○​ Judgment Debtor Examination
○​ Execution of non-money judgments: writ of possession, writ of distringas (??),
writ of specific performance
●​ Summary Proceedings:
○​ MCQ only lately
○​ didn't highlight any in particular but mentioned: successions, landlord tenant,
divorce, tutorship, emancipation and interdiction
○​ just know the main features
●​ Top areas - if you know nothing else, know these:
○​ long arm
○​ venue
○​ MSJ
○​ cumulation of action
○​ experts
○​ trial motions (Directed Verdict, involuntary dismissal)
○​ post trial motions

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