LA Civ. Pro

Personal Jurisdiction can be obtained by the court based upon...

(1) the service of process on the defendant, or on his agent for service of process, or the express waiver of service (2) service of process on an attorney at law appointed by the court to defend an action or proceeding brought against an absent or incompetent defendant who is domiciled in this state. (3) The submission of the party to the jurisdiction of the court by commencing an action or by the waiver of objection to jurisdiction by failure to timely file the declinatory exception. (4) special instances with long arm service

A Louisiana court may exercise personal jurisdiction over a nonresident who acts directly or by an agent as to a cause of action arising from any of the following activities by the non resident...

(1) transacting any business in LA (2) contracting to supply services or things in LA (3) Causing injury or damage by an offense or quasi-offense committed through an act or omission in LA (4) causing injury or damage in LA by an act or omission outside LA if the nonresident regularly does or solicits business in LA, engages in any other persistent course of conduct in LA, or derives substantial revenue from goods used or consumed or service rendered in LA (5) have an interest or possessing a real right to LA immovable (6) manufacturing a product or component thereof which caused damage or injury in LA

Venue for direct actions

(1) where the accident occurred (2) any parish where an action can be brought against the insured or the insurer under Art. 42 (3)

Parish, City, JOP Limitations over SMJ

- a case involving title to immovable property - a case involving the right to public office or position - case in which the plaintiff asserts civil or political rights under the federal or state constitutions - a claim for annulment of marriage, divorce, sep. of property, or alimony - a succession, interdiction, receivership, liquidation, habeas corpus, or quo warrants proceeding - a case in which the state, a parish, or other political corp. is a defendant, and - any other case or proceedings excepted from the jurisdiction of these courts

Possible grounds for judges recusal

-He has been associated with an attorney during the latter's employment in the cause; -z1`An attorney in a case represents the judge at the time of the hearing (in which case the employment shall be disclosed); -He has performed a judicial act in the case in another court; or -He is related to: a party or spouse of a party, within the fourth degree; an attorney employed in the cause or the spouse of the attorney, within the second degree; or if the judge's spouse, parent, child, or immediate family members living in the judge's household has a substantial economic interest in the subject matter of the case that it would prevent him from being fair and impartial.

request for a jury time period

10 days of the filings of the pleadings

Objection period for request for production of docs and things, or entry upon land

30 days

Suspensive Appeals time period

30 days

Devolutive appeal Time period

60 days

JNOV time period

7 days

Motion for new trial time period

7 days

Class Action certification time

90 days after service of the initial pleading on all adverse parties

La. C.C.P. Art. 5059. Computation of time

A. In computing a period of time allowed or prescribed by law or by order of court, the date of the act, event, or default after which the period begins to run is not to be included. The last day of the period is to be included, unless it is a legal holiday, in which event the period runs until the end of the next day which is not a legal holiday. B. A half-holiday is considered as a legal holiday. A legal holiday is to be included in the computation of a period of time allowed or prescribed, except when:(1) It is expressly excluded;(2) It would otherwise be the last day of the period; or(3) The period is less than seven days. C. (1) A legal holiday shall be excluded in the computation of a period of time allowed or prescribed to seek rehearing, reconsideration, or judicial review or appeal of a decision or order by an agency in the executive branch of state government.(2) Subparagraph (1) of this Paragraph shall not apply to the computation of a period of time allowed or prescribed to seek rehearing, reconsideration, or judicial review or appeal of a decision or order by the Department of Revenue, the Department of Environmental Quality, or the Department of Insurance relative to examination reports in R.S. 22:1983.

Time period to object to depo of an expert

After notice giving other counsel 10 days to object, the deposition of an expert may be used by any party for any purpose.

Sheriff's Return

After service is accomplished, an affidavit (sheriff's return) must be filed to prove the service. Note that a default judgment may not be entered until 30 days after filingthe affidavit under the long arm statute whereas the time is 15 days from the sheriff's service of process if the defendant fails to respond. [La. Code of Civ. Proc. art. 1701] The sheriff's return is considered prima facie correct. [La. Code of Civ. Proc. art. 1292]

Class Action venue

An action brought on behalf of a plaintiff class shall be brought in the parish of proper venue as to the defendant. In an action brought against a class of defen- dants, venue is proper as to any member of the class named as a defendant. [La. Code of Civ. Proc. art. 593]

venue for actions on a life insurance policy

An action on a life insurance policy may be brought in the parish of decedent's death, where the decedent was domiciled, or where any beneficiary is domiciled.

Attorney Obligations as an Officer of the Court

As an officer of the court, an attorney must conduct himself with decorum, consistent with the dignity and authority of the court; treat others in court with due respect; not interrupt opposing counsel or impede proceedings; and not knowingly encourage or produce false evidence. Violation is punishable as a contempt of court.

Constructive Contempt

Constructive contempt includes willfuldisobedience of a court order, deceit by a party or his attorney, and improper interference with a juror or witness. The penalty for disobeying a TRO or injunction may result in a $1,000 fine and six months in jail. The court may imprison a person until he performs. [La. Rev. Stat. 13:4611]Constructive contempt is punished following 48 hours notice and hearing.

General Contempt of Court

Contempt is any act or omission tending to obstruct or interfere with the orderly adminis- tration of justice or impair the dignity of the court or respect for its authority.

Answer time period

Defendant has 15 or 30 days (under long arm statute) to file his answer in district court (10 days in city or parish court unless citation is served through the secre- tary of state in which case all defendants have 15 days). The state has 30 days to answer. However, if an exception is filed prior to the answer, then an answer is not required until 10 days after the exception is overruled or referred to the merits, or if the exception is sustained, 10 days after service of the amended petition.

Direct Contempt

Direct contempt is in the immediate view and presence of the court or failure to comply with a summons or subpoena. The penalty may include $100 and one day in jail for direct contempt. Direct contempt is punished immediately following the verbal hearing.

Domiciliary Service

Domiciliary service is made by leaving the process at the dwelling or usual place of abode of the defendant, with a person of suitable age and discretion who resides in the "domiciliary establishment."

The Test for Long Arm Personal Jurisdiction

Due process requires that in order to subject a nonresident to personal judgment, the defendant must have (1) certain minimum contacts with the forum state such that maintenance of the suit (2) does not offend traditional notions of fair play and substantial justice.

venue of foreign insurer

East Baton Rouge

prescription w/ wrong venue

Filing suit in the wrong venue will serve to interrupt prescription if service is made within the prescriptive period.

service on foreign or alien insurers

For a foreign or alien insurer without "certificate of authority" who transacts business here, service should be made on the secretary of state.

venue for torts

For tort suits venue is proper in the parish where (i)the damages were sustained; (ii)the wrongful conduct occurred; or (iii)the defendant is domiciled. [La. Code of Civ. Proc. art. 74]

service on representative

If a court has appointed a representative for a person, that person is served by personal or domiciliary service on the representative. When service is proper on a client's attorney, service may be made on the attorney's secretary in the attorney's office.

Improper Venue

If venue is improper, the suit may be dismissed or, in the interest of justice, trans- ferred to a court of proper venue.

Long Arm Personal Jurisdiction Catch All

In addition to subdivisions (i)through (viii),a Louisiana court may exercise personal jurisdiction over a nonresident on any basis consistent with the Louisiana or United States Constitutions.

Computation of Time

In all matters under the Code the date of the act, event, or default after which a period of time begins to run is not counted, and the last day of the period is counted, unless it is a legal holiday.

Time period of interrogatories

Interrogatories must be answered under oath, or objected to, within 30 days of service or, in family cases, within 15 days of service.

Long Arm Service

Long arm service should be made by mailing the citation and petition by certi- fied or registered mail or by actual delivery to the defendant by commercial courier.

venue for contract

May be brought in the parish where contract was executed (including any parish where a party signed the contract) or where any work or service was, or was to be, performed. [La. Code of Civ. Proc. art. 76.1]

Can subject matter jurisdiction be waived?

No, SMJ cannot be agreed to/waived. A judgment rendered by a court that lacks SMJ will be void "The jurisdiction of a court over the subject matter of an action or proceeding cannot be conferred by consent of the parties. A judgment rendered by a court which has no jurisdiction over the subject matter of the action or proceeding is void."

What type of jurisdiction does District Courts have?

Original and General

Venue of individual domiciled in LA

Parish of Domicile

Venue of non resident with agent for service of process in LA

Parish of agent's P.O. address

Venue of nonresident without an agent for service of process

Parish of plaintiff's domicile or where service is made

Venue of individual residing but not domiciled in LA

Parish of residence

personal service

Personal service should be made by one so authorized, generally the sheriff or, if he fails after 10 days and diligent effort, a private natural or juridical person appointed by the court. The private person appointed must be a Louisiana resident over the age of majority andnot a party. In serving notice of a summary proceeding or subpoenas related thereto, the court can appoint a private person on motion, without first requiring the sheriff to attempt service.

Louisiana Direct Action Statute

Plaintiff can sue the insurer directly in Louisiana on any liability policy written or delivered in the state or providing coverage for an accident which occurred in the state.

unincorporated association service

Service is made on an unincorporated association by personal service on an agent, a managing official, or failing that, on any member.

Corporation Service

Service of process on a corporation is made by personal service on its regis- tered agent, or if none, on any officer, director or employee of suitable age and discretion where the corporation regularly conducts business. Failing that, after certifying there was a diligent effort to serve, service should be made upon the secretary of state.

Service on LLCs

Service on a limited liability company (domestic or foreign) is made by personal service on an agent; failing that, after certifying there was a diligent effort to serve the agent, by personal service on any manager, or if none, any member; or personal service on any employee of suitable age and discretion where business is conducted; or long arm service, if applicable.

Service on Nonparty Physicians

Service on a nonparty doctor may be made by personal service on any clerical employee of the doctor.

Partnership Service

Service on a partnership is made by personal service on a partner or on a partnership in commendam by personal service on a general partner. Failing that, after certifying due diligent effort was made, service may be made on any employee.

Initial Service

Service shall be requested on all named defendants within 90 days of the commence- ment of the action.

Service on Nonresident Motorists

Service should be made on a nonresident motorist by service on the secretary of state and by mailing notice of service to the defendant, certified or registered mail, return receipt requested, to the address shown in the accident report.

venue for immovable

Suits involving immovables (except a community property partition, a partnership partition, or a succession) may be brought in the parish where the immovable is located or where the defendant is domiciled.

CC Art. 38. Domicile

The domicile of a natural person is the place of his habitual residence. The domicile of a juridical person may be either the state of its formation or the state of its principal place of business, whichever is most pertinent to the particular issue, unless otherwise specifically provided by law.

forum non conveniens

The forum non conveniens doctrine allows a court to transfer a suit, though venue is proper, to a parish where suit might have been brought, if necessary for the conve- nience of the parties and witnesses and in the interest of justice.

venue with joint or solidary obligors

The parish where venue is proper as to any one of joint or solidary obligors under article 42 will be proper as to all. [La. Code of Civ. Proc. art. 73] In a tort suit, an action against all joint or solidary obligors may be brought where the plaintiff is domiciled if one of the defendants is an insurance company and venue is proper as to that company under article 76 or if jurisdiction was obtained over one of the defendants under the long arm statute.

When a case gets transferred for SMJ...

When a parish or city court has SMJ over the main demand, it may exercise jurisdiction over nay related incidental demand, regardless of the amount in dispute in the incidental demand when a compulsory reconvention demand exceeds the court's jurisdiction, the court must transfer the entire action to a court of proper jurisdiction

venue for action to annul a judgment

an action to annul a judgment must be brought in the trial court that rendered judgment.

SMJ for JOP

can't exceed $5,000

In rem jurisdiction

he legal power of a court to enforce a right in, to, or against property having a situs in Louisiana, claimed or owned by a nonresident. It applies to movable, immovable, corporeal, and incorporeal property.

Abandonment

if at any stage of a proceeding 3 years pass without either party taking any steps in its prosecution or defense, the suit is deemed abandoned and will be dismissed

Venue of Foreign and licensed to do business in the state

parish of its principal business establishment as designated in application to do business, or, if no designation, parish of primary business

Venue of domestic insurers

parish of its registered office

venue of Foreign and not licensed to do business in state

parish of plaintiff's domicile or where service is made

Venue of domestic corporations and LLC

parish of registered office

change in domicile

suit may be filed in the parish of old domicile for 1 year after the change, or in the defendant's new domicile the defendant can cut this off by filing a declaration of intent to change domicile

Subject Matter Jurisdiction Definition

the legal power and authority of a court to hear and determine a particular class of actions or proceedings, based upon the object of the demand, the amount in dispute, or the value of the right asserted.

Personal Jurisdiction

the legal power and authority of a court to render a personal judgment against a party, indepedant of any property owned by him .

Quasi in rem jurisdiction

the legal power of a court to render a money judgment against a nonresident not subject to personal jurisdiction if the action is commenced by an attachment of his property in the state. It must be preceded by attachment of property in state, and, unless defendant appears, judgment may only be executed against the attached property. Quasi in rem jurisdiction is limited by Shaffer v. Heitner, 433 U.S. 186 (1977),which requires minimum contacts for proper quasi in rem jurisdiction (strength- ened if there is a connection between property seized and cause of action). [La. Code of Civ. Proc. art. 9]

Venue

the parish where an action or proceeding may properly be brought. Most venue rules are permissive and thus objections to venue are waived if not raised prior to making a general appearance or confirmation of a default.

The SMJ Minimum contacts/fair play test

used whether the case involves a claim of "specific" personal jurisdiction (litigation related to forum activities) or "general" personal jurisdiction (litigation unrelated to forum activities). "Minimum contacts" is generally satisfied if the defendant has purposefully directed activities at forum residents. Once minimum contacts have been established by the plaintiff, burden shifts to the defen- dant to prove "unfairness," e.g., inconvenience or local prejudice. Whether it is fair to subject the defendant to personal jurisdiction depends upon several factors including: the burden on the defendant; the state's interest in the dispute; the plaintiff's interest in obtaining relief; the judicial system's interest in efficient resolution; and the state's interest in substantive social policies.

SMJ for Parish Courts

value can't exceed $20,000

SMJ for City Courts

value can't exceed City Courts

Mandatory Ground for Recusal of Judges

when the judge is a... -a witness -been employed or consulted as an attorney in the cause has been associated with an attorney during the latter's employment in the cause, and the judge participated in representation in the cause; -spouse of a party, or of an attorney employed in the cause or judge's parent, child or immediate family member is a party or attorney employed in the cause -is biased, prejudiced, or interested in the cause or its outcome or against the parties/parties ' attorneys or to a witness to such an extent that he would be unable to be fair and impartial

venue for Action Against Person Having Business Office on a Matter Over Which that Office Had Supervision

where the office is located