LA Civ Pro Questions

J12, J11: You represent Plaintiff in an action for breach of a purchase agreement. In answer to Plaintiff's petition, Defendant denied Plaintiff's allegations and asserted the affirmative defenses of error and failure of consideration. During the course of trial, Defendant's counsel seeks to interrogate Plaintiff with a line of questioning that you believe is an attempt to accuse Plaintiff of fraudulent conduct. What, if anything, can you do to prevent that line of questioning? Your answer must explain your action and the basis for your action.

Because fraud is an affirmative defense that must be pleaded in the Answer, and the Defendant did not plead in their affirmative defense, the Defendant has given up the right to ask these questions because he has waived fraud as an affirmative defense. I would object to line of questioning as it intends to assert a defense the Defendant is not entitled to and because it may prejudice my client or confuse a possible jury who may not understand that the fraud assertion can no longer be made because it was not made in the Answer.

F13, F10: Client has delivered written notice to Tenant demanding that he vacate the leased premises within ten days for nonpayment of rent. The ten-day period has elapsed and Tenant is still there. What steps must you take to place Client in possession of the leased premises? Explain fully.

Client may serve a rule to show cause to deliver the premises. The rule will be heard no sooner than the third day after service. If tenant fails to vacate within 24 hours of judgment, the court must issue a warrant directing the sheriff to take possession. The sheriff can break down the door, if necessary. Also there is no suspensive appeal unless tenant contested the rule and posted an appeal bond within 24 hours of the judgment of eviction.

F17, 16, J15, F13, F12: Client asks you to defend him in an ongoing lawsuit following the untimely death of his prior counsel. Client explains to you that the lawsuit, which was brought against him 4 years ago, involves claims of patent infringement relating to his invention of a fire ant pesticide. In reviewing the file, you determine that discovery was propounded to Client at the same time the lawsuit was filed and that discovery has never been answered. The suit record and the files of the Client's prior counsel reflect no other action or activity in the case. What course of action do you recommend to your Client?

Client need not take any action. Since there has not been any step in the prosecution or defense of this case for three years, the suit is deemed abandoned. Abandonment is effective without formal order, but Client could file an ex parte motion to dismiss on grounds of abandonment and the court will enter a formal order of dismissal.

F17, J14, F14, J13: Your client is served with discovery requests seeking potentially thousands of documents from your client that you think are neither relevant to the litigation nor reasonably calculated to lead to the discovery of admissible evidence. You further believe that discovery was propounded to cause your client to incur unnecessary effort and expense. What, if anything, can you file with the court to restrict this discovery? F17: What showings must be made in order for the court to restrict this discovery?

Client should file a motion for a protective order, which is available to prevent abusive discovery practices which seek non-discoverable information such as this and which impose an undue burden or expense upon the party to whom the discovery request is directed. Available remedies to restrict this particular overly broad request would be to prohibit the request altogether, order that the discovery only be had under specified conditions, or limit the scope of the request.

J13, F12: Client owns a convenience store; he hands you a petition with which he has just been served. The petition combines separate actions by three different Plaintiffs. The first action is brought by Former Employee for wrongful discharge. The second is a claim by Customer who slipped and fell on Client's business premises. The third is an action for false imprisonment by Patron who was detained for shoplifting. The venue for the actions is proper. What, if anything, can you do to challenge the combination of these three actions into one petition? Briefly explain why you can or cannot challenge the combination.

File a dilatory exception of improper cumulation of actions. Two or more parties may be joined in the same suit as Plaintiff against a single Defendant only if (a) there is a community of interest between the parties; (b) each action is within the jurisdiction of the court and venue is proper; and (c) the actions are mutually consistent and employ the same form of procedure. While the last two requirements appear to have been met, there is no community of interest between these Plaintiffs. Each action arises out of completely different operative facts and there is no legal commonality to these legal claims. The court should grant the exception and order separate trials of the cumulated actions.

F12: Amanda is a 25 year old who suffers from Down's Syndrome and autism. She is completely incapable of managing her own affairs and has always lived with her parents. Her parents died recently in a kiln explosion and Amanda is the beneficiary of their life insurance policies. Betty, Amanda's older sister and only relative, wants to take the legal steps necessary for her to gain control over and manages Amanda's financial affairs. What must you do in order to assist Betty in obtaining her objective? Explain briefly.

File a petition for interdiction and appointment of Betty as curator to manage the affairs of her sister, Amanda. The petition will need to be filed in the parish of Amanda's domicile and include, inter alia, the proposed curator (Betty) and why Betty should be appointed, the reason and extent of the interdiction and Amanda's living relatives, which, in this case, is only Betty. The petition must be personally served on Amanda. Given the circumstances, Amanda is unlikely to make an appearance, in which case the court will appoint an attorney to represent her. The hearing or trial will be by summary proceeding and by preference. Betty, as petitioner, will have the burden of proving the necessity for the interdiction by clear and convincing evidence.

F13: As a part of your pro-bono work, you have agreed to represent Plaintiff in a redhibition action relating to a used truck that Plaintiff purchased to drive to work. Plaintiff is very poor and lacks the means to pay court costs to prosecute this lawsuit. What, if anything, (other than paying court costs on Plaintiff's behalf) can you do to allow Plaintiff to proceed with his lawsuit? Please describe what, if anything, you must file and establish to accomplish this.

File a request for in forma pauperis status in an ex parte motion or in the petition in redhibition. The request must be accompanied by affidavits of the plaintiff and a third person, other than me, his attorney, attesting to plaintiff's inability to prepay costs. The opposing party or the clerk of court may traverse and challenge plaintiff's right to proceed in forma pauperis but only one rule to traverse, whether by the adverse party or the clerk, will be allowed. If granted, plaintiff will be relieved of the obligation to prepay costs until the conclusion of the case. An account of costs will be kept by public officers to whom costs are owed and if plaintiff prevails in his case, he will be relieved of paying of the costs. If plaintiff loses, an affidavit by the public officers to whom costs are owed will be filed in the mortgage records and have the effect of a judgment against plaintiff for the payment due.

J11, F11: You are defending a personal injury case in which you believe the evidence plainly demonstrates that, despite the clear liability of your Client, the damages are very minor. You have made what you consider to be a reasonable settlement offer to the Plaintiff's counsel, which has been rejected without a counter offer. Client, confident that a trial verdict will not exceed his settlement offer and frustrated with the ongoing costs of defending the claim, asks you if anything can be done to recover those costs from Plaintiff who has refused to respond to your offer. Explain in detail what, if anything, can be done in this situation.

First, I'd make sure that the settlement offer was in writing and that it was made at least 30 days before the trial. If that is the case the offer made be made without admitting liability. Since that offer has been rejected, Client and I wait for the final judgment and if that judgment is at least 25% less than the amount we offered in settlement, I can make a motion for judgment on the offer or judgment. If this motion is granted, the Plaintiff will have to pay the defendant's court costs, exclusive of my attorney's fees that were incurred after the offer was made, as fixed by the court.

F15: In his petition, P did not ask for trial by jury. What two things must D do to ensure trial by jury in the case?

First, he must ensure that the cause of action exceeds $50,000, and the he must 1) file a pleading demanding a trial by jury and 2) affix a bond (the amount which is set 60 days before the trial). This pleading and bond must be filed not later than 10 days after either the service of the last pleading directed to any issue triable by jury or the granting of a motion to withdraw a demand for a trial by jury.

F12, J10: You represent a plaintiff and have had difficulty scheduling the deposition of one of the plaintiff's treating physicians. You ultimately decided to issue a subpoena to compel the physician's attendance at the deposition. Please explain 3 methods by which service of the subpoena may be made on the physician, describing any requirements associated with each method.

First, the physician can be served personally by the sheriff of the parish where the action is pending. Secondly, a non-party physician such as this can also be served by making personal service on any clerical employee of the doctor. Thirdly, if the sheriff is unable to make service after five days and diligent effort, a private person who is not a party can be appointed by the court to make service.

J17, F17, J16, J11: You represent the defendant driver in a personal injury lawsuit arising from a motor vehicle accident. At the beginning of litigation, Plaintiff's counsel sent interrogatories asking your client to identify all witnesses to the accident which you timely and accurately answered. Two weeks before trial, you learn of a new, previously unidentified witness who observed the accident. You do not plan to call this witness at trial, since her testimony will be adverse to your client's interests. What responsibility, if any, do you have to divulge the identity of this new witness to opposing counsel? (J17, J16 uses Defendant instead of You)

Generally, there is no duty to supplement discovery responses which were complete when made. There is an exception, however, and it applies to this situation. There is a duty to supplement discovery when the identity of a new witness comes to light and this new witness has knowledge of discoverable matters. Counsel must divulge the identity of this witness.

F18, J17, F17: When a lawyer signs a discovery response, what does the lawyer certify personally, if anything?

He certifies that he has read the request, response, or objection and that to the best of his knowledge, information, and believe formed after reasonable inquiry it is: consistent with the discovery rules and is warranted by existing law or a good faith argument for the extension, modification or reversal of existing law; not interposed for any improper purpose such as to harass or increase unnecessary costs; and not unreasonable, unduly burdensome, or expensive given the nature of the litigation.

J11, J10: You have just completed your first jury trial in which you represented the defendant insurer in a lawsuit arising from a motor vehicle accident. The jury rendered a seven figure verdict against your client, and the news of that verdict has made all of the local papers. Four days after the verdict, you receive a call from Unknown Witness (UW), who tells you that she read the newspaper account and was shocked by the verdict since she had witnessed the accident and saw the plaintiff run a red light and cause the accident in question. You meet with UW later that same day and learn that both she and her 22-year-old son witnessed the accident but were not referenced on the accident report and were never contacted by anyone about the matter. What, if anything, can you do with this information at this point, and if anything can be done, what deadlines, if any exist for taking action?

I can file a motion for a new trial on the ground of discovery of new evidence which could not have been discovered with due diligence prior to the completion of the trial. In this case, there was no lack of due diligence in discovering the availability of the material evidence possessed by Unknown Witness and her son since their names were not on the accident report. Thus there was no way for defense counsel to even know of their existence. The motion must be filed within seven days, excluding holidays, from mailing of notice of signing of judgment. Thus the motion would still be timely since trial ended only four days ago. To obtain a new trial based on newly discovered evidence, I would need to show that the evidence was discovered after trial and that I exercised reasonable diligence in seeking to discover the evidence.

F11: On behalf of Buyer, you have secured a judgment specifically enforcing a contract to sell immovable property and directing Seller to execute the instruments necessary to complete the sale. Seller refuses to execute the instruments. What action, if any, can you take in order to force the sale of the property? If there is a procedure which can be instituted, please specify the remedies that may be obtained.

I can file a writ of distringas on behalf of Buyer. A writ of distringas is useful when a judgment orders someone to do an act, other than delivery of a thing, and that person refuses to comply with the order. I would, by contradictory motion, obtain the following remedies: 1) a writ to distrain the property of Seller; 2) an order adjudging Seller in contempt; and 3) a judgment for any damages Buyer may have sustained. Buyer also has the option of suing for damages separately instead of in the writ. Most importantly, I'd seek specific performance for Buyer directing the Sheriff or another person appointed by the court to execute the documents with the same effect as if done by the Seller.

J10: You represent a 76 year old widower who is a defendant in a partition action adverse to the children of his deceased sister. The judge recently granted a continuance of the trial over your client's objections, and has scheduled a status conference to address a new trial date. The judge has suggested that the next trial date on her calendar may be approximately 15 months away. Your client wants the trial as soon as possible. What, if anything, can you do to try to obtain an earlier trial date for your client? Please explain the basis for your action.

I can request the court to assign an earlier trial date based on the preference afforded to a party 70 years or older. However, the motion must be accompanied by medical documentation stating that the party will not survive beyond six months. If such a condition exists in this case, the court may grant the preference in the interests of justice.

"F11: Father and his 16 year old son visit you and ask what steps they need to take in order to have a 16 year old son judicially emancipated. They report that 16 year old son's mother was killed four years earlier in a kiln explosion. Please identify the proper court where such an action must be brought and succinctly explain the specific pleading requirements, consent requirements and evidentiary requirements that you must file on the behalf of the father and 16 year old son to achieve their objective. J12: Alternative: Mother and 16 year old daughter. Same answer. "

I would file a petition for emancipation in the district court of the minor's domicile. This petition would state the reasons why the son wants to be emancipated as well as the value of any property owned by the minor. The petition would be accompanied by written consent to the emancipation by the surviving father as son's natural tutor. In this case, the father's natural tutorship arises as a matter of law upon the death of the son's mother. In this case an emancipation petition does not requires a special tutor be appointed. If the judge is satisfied that there is good reason for emancipation and the minor is capable of managing his own affairs, the court will render a judgment of emancipation, which will fully emancipate the minor and give him the right to enter into contract, marry without permission and act as if he had reached the age of majority.

J11: Television Station (TS) sold $10,000 worth of advertising to Bob's Guns (BG) Extravaganza for a traveling gun show that is scheduled to operate at the local convention center for three days. Bob, a citizen and resident of Oregon, has topped payment on the check sent in payment for the advertising. TS wants you to take every step that you can to protect its interests. Bob has two truckloads of inventory at the convention center having an approximate retail value of $50,000. In three days, Bob will move his merchandise to Jackson, Miss. What action, if any, can you take to protect TS's interests? Please specify what pleadings must be filed and explain why the desired relief is available.

I would immediately file for a writ of attachment of BG's gun inventory. Writ of attachment is appropriate because the grounds for attachment include both 1) that he has left the state permanently, or is about to do so before judgment, can be obtained and executed against him; and 2) Is a non-resident (as the facts indicate he is a citizen of Oregon) who has no duly appointed agent for service of process within the state. The property necessary to enforce the judgment against BG can then be seized until a judgment can be obtained against BG for the non-payment of the advertising bill.

F14, J13, J10: Client seeks your assistance regarding a long-term supply contract that it has into with International Corporation (IC). The contract in question has a complicated pricing provision that requires the monthly price to be calculated based on the weighted average price as listed in three different recognized industry publications. Although IC has been correctly calculating the price thus far, it has advised Client that it now believes its calculations were in error and that a slightly different weighted calculation should be used. Client disagrees with IC's suggested changes and asks you if there is any legal action it can bring in advance of a breach of the contract that might confirm the validity of the price calculation method that has been used by both parties to date. What is the appropriate legal action, if any, that you would recommend and what kind of relief can the court provide in conjunction therewith?

I would recommend filing a petition for a declaratory judgment. A declaratory judgment will determine the rights between the parties to this contract and whether International Corporation is authorized to change the pricing structure under the terms of the contract. The contract can be construed in a declaratory judgment action either before or after there has been a breach. The court can order any kind of relief it deems appropriate regardless of the existence of any other available remedy. The declaratory judgment will have the force and effect of a final judgment.

F18, J17, F14: 2.6: Trial is by jury. Lawyer for D and O believes the information he obtained from his clients that the warnings and signage on I210 in the construction zone where the accident occurred were woefully inadequate and caused or contributed to the accident. Lawyer wants the jury to measure the fault of DOTD so as to reduce any award to P against D and O, without naming DOTD as a party to the suit. What must he do in pleadings and at trial to accomplish that?

Lawyer, in his demand for a jury trial, should specify the issues he wants to be tried by jury, including an assessment of the comparative fault of nonparty DOTD. At trial, Lawyer must introduce evidence of DOTD's comparative fault regarding deficient warnings and signage and request that any award of damages to P against D and O should be reduced in proportion to the degree of fault allocated to DOTD so that D and O are only required to pay their respective proportionate shares.

J12, F11: You are contacted by the heir of a wealthy resident of your city who died several months ago. The heir explains that he is in dire financial circumstances and is due to receive an inheritance of over $200,000 from the wealthy resident's succession. Due to his dire financial circumstances, the heir asks you if there is any method by which he could receive a portion of his inheritance in advance of the completion of the succession. What, if anything, can be done to fulfill the heir's request? Please explain any requirements and procedures related thereto.

One option would be to seek an interim allowance for maintenance during the administration of the succession. If the succession is solvent, the heir may be entitled to a reasonable periodic allowance for his maintenance, provided that the court concludes that such an allowance is necessary and the advances are within the amount eventually due to him. I would file a contradictory motion against the succession representative. I would then have to publish a notice of the filing of the petition to request the payment of an allowance in the paper of record where the succession is to be opened and state that any opposition to the petition must be filed within 10 days from the date of publication of the notice.

J15: P has just prevailed in a suit for monetary damages. Although the judgment, which was prepared by D, was received by P prior to its submission to the court, upon receiving a copy of judgment signed by judge, P suddenly realizes that it contains a mathematical error which inadvertently reduces the value of judgment by several thousand dollars. What, if anything, should P do about this situation, and when can it be done? Explain.

P can file a motion to amend the final judgment to correct an error of calculation such as this as long as the substance of judgment is not altered. A hearing on notice is required unless parties waive it or fail to object within 5 days of notice.

"F16, J15, F15, J14, F14: What are the four pleadings to which CCP art. 863 applies? F18, J17, F17, J16: What are the pleadings to which the lawyer's certification applies? "

Petitions, answers, written motions, and exceptions.

J12: Client comes to you seeking a divorce based on Civil Code Art. 102, which allows married couples with no minor children to obtain a divorce after having lived separate and apart for 180 days. Please specifically explain all pleadings you must file on behalf of your client (including all specific components of those pleadings) to obtain an Article 102 divorce that she desires.

Plaintiff initiates an action for divorce under Civil Code Article 102 by filing and serving a petition containing allegations of jurisdiction and venue (where either party is domiciled or the last matrimonial domicile). After the appropriate period for living separate and apart (180 or 365 days) has elapsed, plaintiff then must file a rule to show cause alleging service of the petition, passage of the requisite time period from service and that the spouses have continued to live separate and apart, verified by affidavit. This rule to show cause is then served on the defendant or defendant's representative, unless service is waived by the defendant. Plaintiff then files another affidavit, executed after filing the rule, attesting that the parties have continued to live separate and apart since the filing of the petition and that plaintiff desires to be divorced.

J16, F14, J13, J10, F10: What is the delay for requesting service of citation on all named defendants in a civil action? If the request for service of citation is not timely made, what action, if any, can be taken to obtain dismissal of the action?

Service of citation must be requested on all named defendants within 90 days of commencement of the action. The action may be dismissed either by the defendant upon whom citation was not timely requested by his filing a declinatory exception of insufficiency of service of process or by a contradictory motion to dismiss for failure to request timely service filed by any other party. (1672)

F10: Appellee has not answered the appeal, but requests by brief that it should receive interest at the judicial rate from the date of the judicial demand. The judgment of the Trial Court did not make such an award. How should Appellate Court rule on this request? Briefly explain.

Since the trial court judgment did not award interest, appellee is seeking a modification of the judgment, which can only be done if appellee answers the appeal. Accordingly, the appellate court should deny appellee's request.

J10: Your law firm represents Plaintiff in an expropriation action that is scheduled for trial in 6 months. The partner handling the case asks you to prepare the appropriate documents that will elicit as much information as possible about the opposing party's expert witnesses and the opinions they hold. Please describe 3 options that are available to secure the information sought by the partner.

The first option would be to serve interrogatories seeking the identity of any experts defendant expects to call as a witness at trial and any non-testifying experts. Secondly, Plaintiff may also serve a request for production of documents and tangible things to discover the facts known or opinions held by defendant's testifying experts identified in the interrogatories. Third, plaintiff may then depose those experts and inquire into their facts and opinions. However, the facts and opinions of defendant's non-testifying experts are only discoverable upon a showing of exceptionable circumstances by plaintiff.

J12, F10: You have been appointed by the court to represent a defendant in an interdiction action. What responsibilities, if any, do you have in conjunction with this appointment?

The interdict's court-appointed attorney must represent the defendant until discharged by the court. The attorney must personally visit and discuss the case with the defendant, including a discussion of the facts, law, rights and options of the defendant. Failure to do so may result in sanctions, but will not invalidate the proceedings.

F16, J15, F15, J14: 4.7: What sanctions may a judge impose, and against whom, for a violation of a CCP art. 863 certification?

The judge may impose upon the person who made the certification or the represented party, or both, an appropriate sanction, including an order to pay the other attorney reasonable expenses and attorney fees incurred because of the filing of the pleading.

F14: During the jury deliberations, the Jury Representative/Foreperson sent a note to the Judge stating that the jury would like to see a transcript of the testimony of the Treating Physician and his medical records that were admitted into evidence. Defense counsel objects. How should the trial Judge rule and what should the Judge do in response to the jury requests? Please explain.

The trial judge should sustain Defense counsel's objection, at least with respect to the testimony. If the jury, after deliberations begin, wants to review Treating Physician's testimony and records, the jurors must be brought into the courtroom, where the court may have the testimony read to them after giving notice to the parties. The court may also allow the jury to examine the medical records only in the courtroom or may allow them to take the records to the jury room.

"J15? F14, J13, J11: In the case above, the jury trial of this matter is scheduled to begin. During voir dire, a prospective juror says "AP did a lousy job at my home last year, but I think I could be fair to them." What, if anything, can AP do to challenge this potential juror? (F14,J13 is AAA Electric) J12, F10: Alternative stand-alone question: You are conducting voir dire in a jury trial, and believe that a prospective juror will be biased against your client based upon the answers that the prospective juror has provided to your questions. Describe at least two options you can consider to prevent this prospective juror from being seated as a juror? (same answer applies) "

There are two ways to challenge this juror. One is for cause, he's shown that he might not be able to be impartial, regardless of the reason for the impartiality. The court may try to rehabilitate him and keep him on the jury, though, claiming that he can be impartial. The second option, then is one of the peremptory challenges each side has. If it is a 12 person jury, each side has six peremptory challenges that can be increased if there is more than one party (say CVC comes in) which could not exceed 4 additional. If the jury is a 6 person jury, each side gets 3 peremptory challenges, with an increase to as many as 2 more for additional parties.

F13, J11: Thomas Smith filed his petition for divorce from Mary Smith. A deputy sheriff served a copy of the citation and the petition on Edward Jones, Mary's brother, at his office. Mrs. Smith works in the same office as her brother and is living with him after separating from her husband. Was this service of process proper? Please explain.

This service of process is not proper because this is a personal claim against Mary and therefore service on Mary's office is not proper unless it is personal service. Edward Jones is in no way connected to the petition as a juridical person and thus service that would work for a corporation is not applicable here. Had the sheriff served it on Mary's usual place of abode, which is with Edward, and Edward accepted the petition there, it would have qualified as domiciliary service, but service on the business for a personal action for Mary is not proper.

F14: You represent Tenant in an eviction proceeding brought by Landlord. The judge has ruled and rendered judgment of eviction in open court following the trial in favor of Landlord. Tenant immediately asks you to suspensively appeal the judgment. The judge sets the suspensive appeal bond amount. What is the time delay for you to file the bond?

Twenty-four hours after rendition of the judgment of eviction.

"F10: Plaintiff, a resident of Bossier Parish, entered a written construction contract with Building Corp., a Louisiana corporation whose registered office is located in Calcasieu Parish, for the construction of a camp in Sabine Parish. Plaintiff signed the contract in Bossier Parish while Building Corp. signed the contract in Calcasieu Parish. All work and services for the camp construction were performed in Sabine Parish. The project was supervised by Building Corp's Natchitoches Parish office. After construction is completed, Plaintiff has a variety of complaints concerning Building Corp.'s deficient contract performance and would like to sue Building Corp. for breach of contract. Please identify all parishes in which venue for a breach of contract action against Building Corp. would be proper. For each parish identified, you must explain the basis for the venue in order to receive credit. J12 Alternative: Uses Caddo, Lafayette, Sabine, and Vernon instead. "

Venue is proper in the parish where the contract was executed, which in this case would be in Bossier Parish, the parish in which plaintiff executed the contract, and Calcasieu Parish where defendant Building Corp. executed the contract. (76. 1) Calcasieu is also a parish of proper venue under article 42(2) because Building Corp. is a domestic corporation and this is the parish of its registered office. Venue is also proper in Sabine Parish because that is the parish where work or services under the contract were performed. Venue is also proper in Natchitoches Parish under art. 77 because Building Corp. has an office in this parish which had supervision over performance of the contract.

F13, F10: Client visits you after receiving an executory process seizure notice regarding a home that he recently purchased. Although Client is current on all of his home note payments, the executory process seizure was issued by his seller's lender, who alleges that the seller has not fulfilled payment obligations. Client understands that the seller's outstanding loan balance was paid off with the sale proceeds that the seller received from Client. What, if anything, can Client do to stop the executory process action from going forward? If something can be done, explain what specific pleadings you must file on behalf of Client, what relief is available, and what security, if any, is required.

When a mortgagor such as seller has sold property to a third party such as Client and the property is subsequently seized pursuant to executory process, Client can seek an injunction on the ground that the debt has been extinguished. (2703) Client would have to file a petition for an injunction in the court where the executory proceeding is pending. Since executory process proceeds rapidly, Client would need to request a preliminary injunction to arrest the seizure and sale of the home, in which case the hearing must be held before the sale. (2752) Security is not required when, as here, one of the grounds for the injunction is that the debt secured by the mortgage has been extinguished.

F11: During the course of a jury trial, the judge has sustained your opponent's objections to a specific line of questioning you intended to cover with your expert witness that you believe is crucial to the outcome of the case. What, if anything, can you do to ensure that the excluded area of testimony can be reviewed and considered by an appellate court?

While there is no need for a formal exception to the judge's ruling excluding the evidence, as a good attorney I would immediately "proffer" or voice my objection to the ruling and make it know that I desire to preserve the matter for appeal. The court will then allow me to pursue the excluded line of questioning with my expert, subject to cross examination, on the record at a recess or other such time designated by the court or by deposition within 30 days of the exclusion, or at the end of trial, whichever is later. The excluded testimony will be held inadmissible, but it will be part of the record for appellate review. This objection must be timely, the court may not allow me to proffer if I wait too long after the Judge's ruling on the exclusion of the evidence.

"F15, F14, F12: Witness lives in Houma, Louisiana, which is approximately 300 miles from Bossier Parish where the lawsuit is pending. Plaintiff wants to present Witness's testimony live at trial. Can Witness be compelled to testify at trial in Bossier Parish? Explain briefly. F14 is Kinder to Orleans J15, F15, J14 is 100 miles from courthouse J16: another parish several hours drive from the courthouse "

Witness may be subpoenaed to provide testimony at the trial. Any witness in a civil case who resides or who is employed in the state may be subpoenaed and compelled to attend trial wherever held in the state. However, since Witness resides more than 25 miles from the trial venue, plaintiff must deposit with the clerk of court sufficient funds to cover Witness's traveling expenses to and from the court at the rate of 20 cents a mile, a witness fee of $25 a day and hotel and meal expenses at the rate of $5 a day.

"F11, F10: You are contacted by a client from Nebraska asking for your help to enforce a judgment that client obtained from a Nebraska court against a Louisiana resident who is domiciled in Lincoln Parish. Can a judgment from a Nebraska court against a Louisiana resident be enforced in Louisiana and, if so, please explain (1) what action, if any, is needed and the requirements for that action; and (2) where the action must be filed, and (3) what documents, if any, must be included with the action? J12: Uses Idaho instead. J16: Uses Texas and Grant Parish instead. "

Yes, the Nebraska judgment can be enforced in Louisiana against the Louisiana resident. There are two procedural options for having the Nebraska court judgment recognized by a Louisiana court. The first option is to bring an ordinary proceeding against the Louisiana judgment debtor to have the Nebraska judgment recognized and made the judgment of a Louisiana court. The other, more expedient option is to utilize the procedure under the Enforcement of Foreign Judgment Act. This requires (1) annexing an authenticated copy of the Nebraska judgment to an ex parte petition and filing an affidavit with the last known address of the judgment debtor and judgment creditor; (2) the clerk then sends notice to the debtor; and (3) the Nebraska judgment may then be executed 30 days after mailing of the notice. Under either option, the venue for the proceeding is Lincoln Parish, the parish of the judgment debtor's domicile.

J16, F10: At the conclusion of a three-day long bench trial, the trial judge rules from the bench and against your client (the plaintiff) in favor of the defendant, stating only that she finds in favor of the defendant and will sign a judgment to that effect upon presentation. Opposing counsel conveniently has such a judgment prepared and presents it to the trial court for signature in open court. You believe that the trial court's ruling is incorrect and would like to gain a better understanding of the trial court's reasons for decision beyond her simple statement that she has ruled in favor of the defendant. What, if anything, can you do to achieve that goal and what time limitations, if any, exist?

You can request the court to provide in writing its findings of fact and reasons for judgment, provided the request is made not later than ten (10) days after the mailing of the notice or signing of the judgment.

F13: You have just rested your defense in a jury trial, and learned at the jury charge conference that the judge intends not to give two jury charges you had submitted that you believe are vital to the jury's consideration of your client's position. Please explain specifically how you are required to complain about that omission so as to preserve that issue for appeal, including any specific timing requirements in your answer.

You must object to the failure to give the two requested jury charges either before the jury retires to consider the verdict or immediately after the jury retires, stating specifically your complaint that these two charges were improperly omitted from the instructions. If you object before the jury retires, you will be allowed to make the objection out of the hearing of the jury.

J13, F12: You wish to depose Counsel of Record for Defendant in order to uncover evidence concerning the intent of the parties to the contract that was drafted by Counsel of Record and forms the basis of the lawsuit. Can you depose Counsel of Record? If so, what must you do in order to obtain his deposition?

You probably cannot depose Counsel since such testimony would likely disclose privileged attorney-client communications between counsel of record and defendant. No attorney of record representing the plaintiff or the defendant may be deposed except under extraordinary circumstances and then only by order of the district court after contradictory leaving.

"F18, J17, J12, F11: Senior Partner hands you a set of interrogatories and production requests, together with a box of potentially responsive documents and asks you to review all of the materials and prepare responses to the interrogatories and production requests that have propounded in a product liability lawsuit. You encounter the following questions: 1) Are you required to organize and label the responsive documents to correspond to the specific categories of the requests for production of documents? 2) In reviewing the box of documents and discovery requests, you determine that the answers to the bulk of the interrogatories are set forth in the specific documents that are responsive to the requests for production documents. Does your determination provide you with any additional option in responding to the interrogatories? Please explain. "

" 1) Respondents are not required to organize produced documents to correspond with the requests. They may provide them that way, OR they may produce them as they are kept in the usual course of business. This would be a time for one to remember their attorney's oath and not make the production needlessly hard for the opposing side by providing them in the best way they are able to provide them. 2) Yes, the fact that the answers to the interrogatories can be obtained from the business records gives the responding party the option of simply pointing out to the opposing party where in the records the answers may be found (as long as the burden is substantially the same for both parties) while making the records available to the opposing party in lieu of specifically answering the interrogatories. Once again, attorney's oath, maintain a level of professionalism in ensuring you aren't creating more work for the opposing party. "

"J17, F15, J14: 3.2: P, in defense counsel's opinion, has been unreasonably high in his settlement demands. Defense counsel decides to make an offer of judgment. A) What is the deadline to serve an offer of judgment and what does the LACCP require to be included in the offer of judgment? B) What is the deadline for P to serve to written notice that the offer is accepted? J15: C) If P serves notice of acceptance of the offer, what can P do to enforce the acceptance offer? Explain "

"(A) Twenty days or more before trial, defense counsel may make a written offer to settle all claims with plaintiff without an admission of liability. The offer must state that it is made under article 970; specify the amount of the offer; and whether that amount includes or excludes costs, interest, attorneys' fees, and any other statutorily imposed costs. (B) P must serve written notice that the offer is accepted within 10 days after service of the offer. C) Move for judgment on the offer "

"J17: Client's elderly mother lives in the family home in Lincoln Parish and has become quite ill. Her illness affects both her mental competency and her physical ability to care for herself and her financial affairs. Client has no legal authority to provide for her mother's personal care and for her financial affairs. Client seeks authority to do both. Client lives in Caddo Parish. (a) What action should client take to gain such authority and where must action be taken? (b) Client filed the necessary filings and a hearing has been set. Although the Sheriff personally served the mother, she made no appearance, and no one appeared for her. What step should now be taken to advance action? "

"(a) Client must file an interdiction proceeding in Lincoln Parish., the parish of the proposed interdict's domicile. This venue is mandatory. (b) Client should move the court to appoint an attorney to represent his elderly mother, the proposed interdict. The attorney must visit and discuss the case with Client's mother, though failure to do so, while sanctionable , will not invalidate the proceedings. "

"F16: 1.4 In LA state court, injured P sued Manufacturer, the manufacturer of a product alleged to be the cause of P's injuries. Manufacturer filed a declinatory exception asserting that the court lacks personal jurisdiction over Manufacturer. The exception contained affidavits of Manufacturer's officers and attached verified business records that show Manufacturer is a corporation organized under the laws of India, has offices and manufacturing facilities only in India, has no offices or employees in LA or elsewhere in the U.S., and has not sold any of its products in LA. P propounded jurisdiction-specific discovery to Manufacturer. Manufacturer then filed a motion to quash the discovery, seeking an order staying discovery pending the court's resolution of its declinatory exception. P has opposed the motion to quash. (a) How should the court rule on the motion to quash and why? (b) Manufacturer's supporting affidavits and business records show that some of its products that are exported from India are sold to an importer in New Jersey, who is permitted in a written agreement with Manufacturer to sell and distribute the products throughout the U.S. Manufacturer's records also show that the importer has sold the products in 22 states through several regional distributors, one of which is located in Texas and another of which is located in Arkansas. Manufacturer's product alleged to have caused P's injuries came from Texas distributor. Based on this evidence, how should the court decide the declinatory exception and why? J16: Uses Texas distributor. Asks: Briefly summarize the rules that the court should follow in deciding the declinatory exception and apply those rules to the facts of the problem. "

"(a) Court should deny Manufacturer's motion to quash. P is entitled to submit evidence in opposition to a declinatory exception of lack of personal jurisdiction. The only way P can reasonably do so is if P can obtain discovery from defendant relating to activity connected with Louisiana; and since the requested discovery is limited to jurisdiction-specific matters, P should be afforded a reasonable time by the courts (no more than the 30 days discovery rule) to obtain information necessary to controvert the declinatory exception. (b) This may depend on how court rules on above discussed motion to quash. Here, there are 2 potential bases for assertion of specific long arm jurisdiction. First potential basis is whether injury to P in LA, caused by Manufacturer's tortious conduct outside LA, was done while Manufacturer regularly did or solicitied business in LA, engaged in any other persistent course of conduct in LA, or derived substantial revenue from goods used or consumed in LA. Second potential basis is whether Manufacturer, if at time it placed product that injured P into stream of commerce, could have foreseen, realized, expected, or anticipated that product may eventually be found in LA by reason of its nature & manufacturer's marketing practices. If P is allowed to obtain discovery that shows Manufacturer, through its regional distributors in two contiguous states, regularly does or solicits business in, or derives substantial revenue from, LA or that it was foreseeable its product would end up in Louisiana, it should deny the exception. It is quite possible, if not likely, that one or both of the regional distributors in TX and Arkansas would have targeted LA customers within region for sale of Manufacturer's products. If, however, court grants motion to quash and Plaintiff is not allowed any jurisdiction- specific discovery, court can either grant exception based on the uncontroverted affidavits of Manufacturer attesting to lack of any minimum contacts with LA or defer decision on exception to merits where P will then have an opportunity to show requisite minimum contacts. If court hears exception, whether in advance of or at the trial on the merits, it will have to determine whether the D has such minimum contacts with the state of LA such that maintenance of the suit does not offend traditional notions of fair play or substantial justice. P has the burden of proof on showing the requisite minimum contacts. If P makes the requisite showing, burden will then shift to D to show that, notwithstanding such minimum contacts, the assertion of jurisdiction would be unfair. A major unfairness factor applicable here is burden it may place on an alien manufacturer located in India to be haled into a distant forum located in LA. However, the burden on Manufacturer may be minimal given its business relationship with distributors in TX and Arkansas. Another fairness factor that militates in favor of jurisdiction is LA P's interest in obtaining relief for injuries caused by Manufacturer's product. Unless suit is allowed in LA, Plaintiff may have no viable alternative to pursue his claims. Louisiana may also have a strong interest in providing its citizens with an efficient remedy for damage caused by defective products sold by an alien manufacturer against whom there may not otherwise judicial recourse. "

"F13: On March 5, 2012, Adam drove Bob to a St. Landry Parish bar in Adam's car. After several drinks, they decided to leave. Feeling impaired, Adam asked Bob to drive. Immediately upon leaving the bar, Bob proceeded the wrong way down a one-way street adjacent to the bar and was involved in an accident when a driver (Chris) on a side street ran a stop sign, striking Adam's car being driven by Bob as it was heading the wrong way through the intersection with the side street. Adam and Chris were both injured. Adam lives in West Baton Rouge Parish. Bob lives in EBR. Chris lives in Evangeline Parish. At the time of the accident, Chris had just wrapped up a meeting with a potential sales client at the same bar that Adam and Bob had visited and was driving home in his company car owned by his employer, Delta Corporation (DC), which is a foreign corporation not licensed to do business in Louisiana with its headquarters in Houston (and no Louisiana offices). 1. Adam comes to a law firm and asks the attorney what he must to do initiate a civil suit for damages against Chris (but not against his friend Bob) and what his deadline is for doing so. What must Adam file, what must be set forth in that filing, and what is the deadline for filing it? 2. Assume that Adam timely files suit against Chris in WBR. What must Chris file if he believes that suit cannot be brought against him in WBR, when must that pleading be filed, and is WBR proper venue? 3. The lawyer for Chris anticipates that the WBR judge may deny his objection to venue in that parish, and wants to be ready to appeal such a ruling. What, if anything, must the lawyer for Chris file to seek appellate review of an adverse ruling on venue? 4. Assume instead of sub-question 2, that Adam wants to file a lawsuit against Bob and Chris for damages arising from the accident. What are the parishes of proper venue authorized by LA CCP for such a lawsuit against Bob and Chris? 5. Assume instead that Adam is counseled to sue not only Bob and Chris, but also DC under the theory that Chris was in the course and scope of his employment with Delta at the time the accident occurred, making DC vicariously liable. In light of your answer to sub-question 4, what additional venue options, if any, does the addition of DC as a third defendant create? 6. In answering the lawsuit, the lawyers for the various defendants want the jury to consider the fact that Adam asked Bob to drive despite Adam's specific knowledge that Bob had also been drinking prior to the accident. What, if anything, must the defendants include with their answer to place this at issue in the lawsuit? 7. Bob's attorney believes that Adam is not as seriously injured as he claims, and that Adam has been seeing a questionable doctor who has a reputation for providing unnecessary treatment for personal injury victims. What, if anything, can Bob's attorney do to try to evaluate the legitimacy of Adam's claimed injuries? "

"1) Adam must file a petition for damages which contains a caption and sets forth in numbered paragraphs his allegations of negligence against Chris. The petition must also set forth the names and domicile of the parties and all causes of action arising out of, and the material facts of, the collision which occurred on March 5, 2012. It has to be signed by Adam's attorney, designate an address for receipt of service and conclude with a prayer for relief. There is a one-year prescriptive period applicable to this negligence action. The date of the event (the March 5, 2012 collision) after which the period begins to run is not counted. Therefore, Adam must file his Petition no later than March 5, 2013. 2) Chris must file a declinatory exception of improper venue with or before his answer, or prior to confirmation of a default judgment. West Baton Rouge Parish is not a proper venue since suits against an individual defendant must be brought in the defendant's domicile which, in this case, is Evangeline Parish. 3) Since denial of an exception of improper venue is an interlocutory judgment, Chris may not appeal such a ruling. Rather, Chris can seek appellate review of the ruling by filing a supervisory writ in the appropriate state court of appeal within a reasonable time set by the trial court, not to exceed thirty (30) days from the date of the ruling denying the improper venue exception. 4) As mentioned above, suits against individuals must be brought in the parish of their domicile. Therefore, the parishes of proper venue in this case would be East Baton Rouge Parish, where Bob is domiciled or Evangeline Parish, where Chris is domiciled. In addition, a tort suit such as this may be brought in the parish where the damages were sustained or where the wrongful conduct occurred. Accordingly, suit may be brought in St. Landry Parish as that is the parish where Adam was injured and where the negligence of Bob and Chris (driving recklessly while intoxicated) occurred. 5) Since Delta Corporation is a foreign corporation not licensed to do business in Louisiana, suit may also be brought in the parish of plaintiff's domicile, which is West Baton Rouge Parish, or any parish where Delta Corporation is served. West Baton Rouge Parish would also be the parish of proper venue because Delta Corporation, which has headquarters in Texas and no offices in Louisiana, is arguably a long-arm defendant which can be sued in plaintiff's domicile. Long-arm jurisdiction may obtain because of the tortious conduct of its employee, Chris, occurring in Louisiana. 6) Defendants need to raise the negligence or fault of Adam in allowing Bob to drive, despite knowing that Bob was intoxicated, as an affirmative defense in their answers. Failure to include this affirmative defense in the answer will result in a waiver of the defense, in which case defendants would be precluded from presenting evidence on this issue to the jury. 7) Bob's attorney should file a motion for an order compelling a medical examination of Adam. Since Adam has placed his physical and mental health at issue by seeking damages for the physical and emotional harm suffered in the collision, defendant Bob is entitled to have Adam examined to assess the legitimacy and extent of those claimed injuries. Such an exam may be performed by a medical doctor, vocational rehabilitation expert, or licensed clinical psychologist chosen by Bob's attorney. "

"F14, J11: AAA Electric is a Louisiana corporation having its registered office in Tangi Parish. Owner lives in adjacent St. Helena Parish and owns a rental house in adjacent Livingston Parish. Owner called AAA Electric (AE) to check unexplained power outages at his Livingston Parish rental. AE sent employee Bob, a resident of nearby Washington Parish, who had 2 months experience as an apprentice electrician, to field the call. Bob found a defective breaker box in the Livingston Parish rental house and installed a new breaker box with new electrical breakers. The newly installed electrical breakers were manufactured by Portland Electric (PE), an Oregon corporation with no offices in Louisiana. One week later, Owner's Livingston Parish rental was destroyed by a fire originating in the new electrical breaker box. Owner hires a lawyer to sue Bob and AE for the destruction of his Livingston Parish rental house. Succinctly answer the following: 1. What Parish or Parishes would be a proper venue for Owner's lawsuit? Explain fully. 2. Owner sues Bob and AE in St. Helena Parish. Bob and AE want to challenge that venue. A) What pleading must be filed to challenge the venue in St. Helena Parish and when must it be filed? B) Will defendants prevail? 3. AP believes PE's breaker was defective and wants to add the company as party to the lawsuit. A) What pleading must AE file to add PE as party to case? B) Since PE has no offices in Louisiana and is not registered with the LA SoS, how must AE effect service of process on PE? Explain in detail how this is done. 4. Because PE sells no products to any Louisiana distributors, it wishes to contest personal jurisdiction of the Louisiana Court. Its closest distributors to Louisiana are in Longview, Tx., El Dorado, Ark., and Vicksburg, Miss. A) What pleading must PE file to contest the jurisdiction of LA over it in this matter and when must it be filed? B) You are the judge hearing the issue. What is the basis for possible jurisdiction over PE and how to you rule? 5. Owner's attorney wants to know if AE has liability insurance that might provide coverage in this lawsuit and if AE has any statements of witnesses relating to this case. How can Owner's attorney secure this information? "

"1) Venue would be proper in Tangipahoa Parish, the parish where AAA Electric, a domestic corporation, has its registered office. Venue would also be proper in Livingston Parish because that is the parish where damages were sustained and where the wrongful conduct — in this case, negligent repair — occurred. Livingston is also proper venue because that is the parish where services under this electrical repair contract were to be performed. Washington Parish would also be a proper venue option if that is the parish of Bob's domicile. The facts are ambiguous in this regard, stating that Bob is a "resident" of Washington Parish. Domicile is where one has his habitual residence. If Bob habitually resides in Washington Parish and either has no other residence or, if he does, resides in Washington Parish more often than any other parish where he may have a residence, Washington Parish would likely be deemed his domicile. 2) A) Defendants should file a declinatory exception of improper venue. It must be filed prior to or in the Answer. B) Yes. There is no basis for venue in St. Helena Parish, parish of plaintiff's domicile unless they add a long-arm statute defendant. 3) A) A third party petition. B) Portland Electric must be served under Louisiana's Long-Arm Statute which is done by either mailing the citation and petition by certified or registered mail or actual delivery to the defendant by commercial courier. If service cannot be made by either of these methods, the court will order service to be made on an attorney at law appointed by the court to represent the non-resident defendant. 4) A) A declinatory exception of lack of personal jurisdiction, which must be filed prior to or in the answer. B) Louisiana's long-arm statute gives a number of factors to consider in establishing personal jurisdiction over a non-resident corporation. In this case the fact pattern hits possibly three, 1) they caused damages inside the state through an act outside the state (but would have to show they regularly do or solicit business in the state); 2) they manufactured something that caused damage inside the state (would have to show at the time they placed into commerce they knew the product would make its way into state); and 3) if AP contracted with CVC to supply the valves, then CVC contracted with a company inside the state to provide a product or service. With the location of their distributors in proximity to LA (the facts indicate the three surrounding states) it would be difficult for CVC to claim that they did not foresee the product making its way into Louisiana. Therefore this basis is likely to be the strongest rationale for upholding specific jurisdiction under LA's long arm. 5) Owner's attorney can propound interrogatories seeking answers to those questions. In addition, he can serve requests for production of documents asking AAA Electric to produce copies of all policies that might provide coverage. Still further, he can depose a representative of AAA Electric under Article 1442 and make the inquiries during the deposition. "

"F12, F10: Plaintiff has filed a lawsuit against Manufacturer, contending that Plaintiff was injured due to a defect in Manufacturer's product. Manufacturer has filed a third party demand against your client, California Importer, contending that the Manufacturer's product is not defective, but alternatively arguing that any defect that may be found in the product is the result of a defective component part of the product that Manufacturer bought from California Importer. You represent California Importer. California Importer imported the component part at issue from a foreign manufacturer. Under LPLA, the non-manufacturer seller of a product imported from a foreign manufacturer cannot be liable under the LPLA unless the importer is also the alter ego of the foreign manufacturer. Your client's general manager advises you that California Importer is not the alter ego of the foreign manufacturer and has no affiliation, control, or ownership interest in the foreign manufacturer from which it imported the component part at issue. You also have taken the article 1442 deposition of Manufacturer, and its corporate representative has no knowledge of any affiliation, control, or ownership interests by California Importer in foreign manufacturer. Discovery has not been completed, but the case is scheduled for trial in six months. 1. What, if anything, can you file on behalf of California Importer to attempt to terminate the litigation prior to trial? Explain full, including an explanation of what such a motion, if any, will have to show to be granted. 2. If there is such a motion, explain specifically what California Importer must file to support its motion. F13: Uses Florida Importer "

"1. California Importer may file a motion for summary judgment which shows that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law. While California Importer will have the burden of proof on the motion, since Manufacturer, as third party plaintiff, has the burden of proving at trial that California Importer is liable under the LPLA, California Importer's burden on the motion does not require it to negate all essential elements of Manufacturer's claim. Rather, California Importer can just point out there is no factual support for an essential element of Manufacturer's claim - that California Importer is the alter ego of the foreign manufacturer from which California Importer purchased the allegedly defective component part. Without factual proof of such, Manufacturer cannot meet its burden of proof at trial on this element and thus California Importer should be entitled to summary judgment dismissing it from the case. 2. California Importer will have to support its motion with affidavits from affiants who are competent, attesting to facts of which they have personal knowledge and which are admissible at trial. Here, California Importer can file an affidavit from General Manager attesting to the fact that the company is not the alter ego of, and has no affiliation, control or ownership interest in, foreign manufacturer. As general manager, he should be competent to attest to such facts based on personal know ledge and which would appear to be admissible at trial. In addition, California Importer could further support its motion with an affidavit from counsel annexing the 1442 deposition transcript of Manufacturer, which also demonstrates that Manufacturer has no factual support to meet its burden on the affiliation element at trial. Such an affidavit and exhibit should easily meet the above-mentioned criteria. "

"J15, J12, F11, F10: Client brings you two default judgments that were obtained against Client and Client's wholly-owned corporation, XYZ Corp. Client explains that the lawsuit in which the judgments were issued relates to a contract that XYZ Corp. entered and was performing and that he had no personal connection or responsibility for the claims asserted in the lawsuit. You review the relevant suit record and determine that service upon both the Client and his corporation (for which the Client serves as the designated agent for service of process) were made via domiciliary service on Client's wife on May 5, 2009. On October 20, 2009, the plaintiff moved for and obtained a preliminary default judgment against Client and Client's corporation. Thereafter, on January 15, 2010, a default judgment was render in open court. Client was personally served with those judgments on January 25, 2010. It is now late February 2010. 1. Does Client have a legal basis for challenging the default judgments that were taken against Client and Client's wholly-owned corporation? 2. If one or both judgments can be challenged, please state the specific procedural method (or methods) for contesting same. "

"1. Client can challenge the default judgment against XYZ Corp, but not the judgment made against him personally. Proper domiciliary service appears to have been made on client's wife (assuming it was made at client's usual place of abode and his wife resided with Client therein); entry of default against Client personally was taken after the requisite time period to answer (15 days from service): it was confirmed after two days of entry of default; and the default judgment was then properly served upon him personally. There is no basis for the client to seek a nullity of judgment against him for vices of form; nor can he seek a nullity for vices of substance since client was not deprived of the opportunity to appear and assert his defense that he was not personally obligated under the contract. The fact that client had a valid defense which was not asserted because of his inexcusable neglect will not itself provide grounds for nullifying the judgment. Similarly, it is too late for client to assert the defense in a peremptory exception of no cause of action. A peremptory exception filed subsequent to submission of the case and rendering of the decision is untimely. However, The judgment against XYZ Corporation, however, is defective because service of the petition should have been made upon client personally as XYZ Corporation's agent for service of process. Thus the subsequent default judgment is a nullity. 2. XYZ Corporation should file a petition for nullity of judgment for vices of form which may be brought at any time. A judgment may be annulled if it is rendered against a defendant who has not been served with process as required by Jaw and who has not waived objection to jurisdiction. Here, for the reasons stated above, XYZ Corporation was not properly served with the petition. It is too late for XYZ Corporation to file a declinatory exception of insufficiency of service of process since such exceptions must be filed prior to confirmation of default. It is also clearly too late to file a suspensive or devolutive appeal which must be filed 30 or 60 days, respectively, from the lapse of the time for filing a new trial or JNOV, which, in turn, runs from the January 25, 2010 date of service of the default judgment. "

"F11: Client comes to you with a litany of problems relating to his Neighbor. Both Client and Neighbor live on adjacent 40-acre tracts of land just outside of Alexandria, La. Neighbor's property originally was only 20 acres in size until Client sold him an additional 20 acres adjacent to the back half of Neighbor's property. Client accepted a $50,000 promissory note payable in monthly installments for that 20-acre tract. The $50,000 promissory note was secured by a valid mortgage on the acreage sold, which Client properly recorded. When Neighbor missed two note payments, Client then inquired about the missing payments. This inquiry angered Neighbor, prompting him to build a fence between the respective property lines, which fence encroaches approximately five feet onto Client's property. When Client approached Neighbor to discuss the fence encroachment issue, Neighbor assaulted Client and then beat him with a garden hoe. Client would like to bring an executory process action against Neighbor to seize and sell the rear 20-acre tract of land (assume that all documents required for an executory process are in place), would like to bring an action to force Neighbor to remove the encroaching fence, and would like to bring a tort action against Neighbor for assault and battery. 1. Please succinctly describe the pleadings required to bring an executory process action against Neighbor. 2. Please succinctly describe the type of action and pleadings required to force Neighbor to remove the fence constructed on Client's property (including the elements that must be proved for this action). 3. May Client bring all of the three referenced actions in a single lawsuit? "

"1. Executory process requires the promissory note to be secured by a mortgage executed by an authentic act containing a confession of judgment. I would have to file for Client a petition for executory process praying for seizure and sale and include all authentic evidence, which in this case is the note evidencing the obligation secured by the mortgage importing the confession of judgment. The confession of judgment is the one big piece that opens the gateway to the executory process. 2. Because Client's peaceful possession of his property has been disturbed by Neighbor through his construction of the fence, I would file on Client's behalf a petition for possessory action. This petition would assert that Client had quiet possession without interruption for more than one year immediately prior to Neighbor's construction of the fence and that Client's peaceful possession has been specifically disturbed Neighbor's construction of the fence five feet on to Client's property. The limit on filing this possessory action is within one year of the disturbance, so I would immediately get started on this petition as the clock is ticking. 3. Because the tort action and the possessory actions are ordinary proceedings, they cannot be combined with the executory proceeding which employs a different form of process. The tory and possessory action, however, since they involve the same ordinary proceeding, can be cumulated. "

"F13, J10: You represent Petrochemical Company against which multiple lawsuits have been filed following a short-term chemical release caused in part by a lightning strike. Nine separate lawsuits alleging chemical exposure and resulting damages have been filed in the parish where the incident occurred by a total of 16 plaintiffs, all of whom claim similar injuries and damages. Those nine separate lawsuits have been filed by different lawyers who represent the 16 various plaintiffs and are pending in Divisions A, C, D, E, and F of the parish court. The first filed lawsuit is pending in Division C. The last filed lawsuit is pending in Division A. Petrochemical Corporation believes it would be most cost efficient (and strategically beneficial) to defend these actions at a single trial. 1. What if anything can you do on behalf of Petrochemical Corporation to accomplish that goal? Your answer must state what you must file, what you must establish to obtain the relief sought, and in which Division you must file. 2. Upon preparing the filing required by Q1, you learn that a trial date has already been fixed in one lawsuit pending in Division F. What, if anything, does that discovery require you to do in conjunction with your efforts? 3. Now assume you represent two of the plaintiff's in one of the nine lawsuits, that you vigorously oppose Petrochemical Corporation's efforts as taken in response to Q1 and Q2, and that the Judge has granted the relief sought by Petrochem. What, if anything, can you do to try to have that ruling overturned by a higher court? Your answer should include a description of what you must file in the appropriate court (or courts) and a brief explanation of your reasons for doing so. "

"1. File a motion to consolidate the actions. Separate actions may be consolidated when there are common issues of law and fact involved in each case. Petrochemical will need to show that each of these actions involve common issues of law and fact which it should be able to do since the suits arise out of the same occurrence. The motion must be filed in Division C where the first filed suit is pending and if consolidation is ordered, the other pending cases will be transferred to that division. 2. Because a trial date has already been set in one division, Petrochemical must now obtain the written consent of each division of the court where the actions are pending. 3. File an application for a supervisory writ to review Judge's interlocutory order of consolidation. Plaintiffs must give notice to Judge of their intent to seek a supervisory writ and Judge will set a return date not to exceed 30 days from the date of the order of consolidation. In order to prevail, plaintiffs must show that the trial judge erred in consolidating the cases and should have refrained from doing so because it will cause jury confusion, prevent a fair and impartial trial, and give Petrochemical an undue advantage or prejudice plaintiffs' rights. "

"F14, J13, F13, F11, J10: Client meets with you to complain that a new Business operating near his home has begun conducting noisy operations around the clock that disturb him and other neighbors on a daily basis, frequently interrupting their sleep. He states (and you confirm) that the applicable parish noise ordinance prohibits businesses in that location from emitting continuous sounds exceeding 60 db between 10pm and 7am. He and several of his neighbors would like to retain you to take steps to quiet the offending business as quickly as possible. 1. What action, if any, can you bring to try to stop the noise immediately? Your answer must state what you must assert in your pleadings and what you must establish to obtain the relief sought. 2. Now assume you are the Judge, you have received the pleading filed in answer to Q1 above, and you believe that the relief requested by Client is warranted. What, if anything, must you require from Client in order to protect Business and why is it required? 3. Now assume you represent Business which has been served with the pleading filed in answer to Q1 and a corresponding order issued by the Judge and you see that hearing has been set for one week from today. Business indicates that it has fence line noise monitors that can demonstrate continuous noise levels were well below 60db between 10pm and 7am, and it does not want to wait a week to have the issue resolved. What, if anything, can you file to try to obtain resolution without waiting an entire week. Please explain any time requirements associated therewith. "

"1. File a petition for a temporary restraining order (TRO), which must assert that client will suffer irreparable harm if injunctive relief is not granted. Irreparable harm is harm which is incapable of being compensated for by money damages. Client's petition must be verified and contain an attorney certification regarding efforts made to provide notice to Business. 2. Judge may require Client to furnish security in an amount sufficient in Judge's opinion to indemnify Business for any losses or damages incurred as a result of the wrongful issuance of the TRO. 3. Business may file a motion to dissolve the TRO upon two days' notice to Client. The court will hear the motion as expeditiously as justice may require. "

"F11, F10: You represent Building Corp., which has just been sued for breach of a construction contract. You believe the lawsuit is improper because the construction contract at issue contains a mandatory arbitration clause which requires any disputes arising therefrom to be resolved by arbitration. 1. Please succinctly explain what pleadings you would file in response to the lawsuit, the allegations you would assert therein and the goal you seek to achieve in doing so. 2. Assume the trial court rejects your argument and allows the breach of construction contract lawsuit to proceed. Please succinctly explain what actions, if any, you can take to try to reverse the trial court's ruling and obtain your original desired goal. "

"1. I could file (1) either a dilatory exception of prematurity or a motion to stay the proceedings in the trial court pending arbitration and (2) a motion to compel arbitration. In each of these pleadings I would assert that any disputes arising from the contract must be resolved by arbitration as required under the contract. 2. Since a decision by the trial court rejecting my argument is an interlocutory judgment rather than a final judgment on the merits, an appeal of that decision is not available. However, I can seek a review of the trial court's ruling by filing an application for Supervisory Writs in the appropriate State Court of Appeal alleging that the trial court erred in allowing the action to proceed in the trial court rather than compelling arbitration. "

"J12, F11, J10: Plaintiff sues Employer seeking damages for sexual harassment and battery she alleges were inflicted by her supervisor. Employer notifies its Insurer of the claim and Insurer denies both coverage and a defense of the Employer. Employer then asserts a cross-claim against Insurer seeking both coverage and a defense from the Insurer to the underlying claim, which Insurer has answered. The case is scheduled for trial on December 13, 2010. 1. You represent Insurer and, after deposing Plaintiff and her supervisor, you are confident that your insurance policy unambiguously excludes coverage for Plaintiff's allegations and that no defense obligation is owed. What, if anything, can you file on behalf of Insurer to attempt to extract Insurer from the litigation prior to trial? Explain fully, including an explanation of what such a filing must establish to obtain the relief sought. 2. If such a filing is available, explain specifically what Insurer must file in support thereof to establish its right to the relief sought. "

"1. Insurer can file a motion for summary judgment based on its claim that there is no genuine issue of material fact regarding the policy's coverage and that insurer is entitled to a judgment dismissing it from the case as a matter of law. While Insurer does bear the burden of proof regarding the policy's coverage at trial, Insurer's burden on the motion only requires it to show that there is no factual support for any one element of Employer's cross-claim. If Employer then fails to produce factual support sufficient to meet his burden of proof at trial on the cross-claim, there is no genuine issue of material fact for the court to decide and the summary judgment motion will be granted. 2. Insurer's motion must be supported by affidavits which show that the affiant is competent; that are based on personal knowledge; and attest to facts admissible at trial. "

"J12, F11, J10: Plaintiff, who resides in Orleans Parish, sustained a personal injury on July 6, 2009 in Jefferson Parish for which she was hospitalized for one week in Jefferson Parish. She files suit in Orleans Parish against Corporation, (a domestic corporation with its registered office located in Jefferson Parish), LLC (a domestic LLC with its registered office located in St. Bernard Parish) and Partnership (a domestic partnership which has its principal business establishment in DeSoto Parish). You represent Partnership, which was served with Plaintiff's petition on July 6, 2010. 1. Your client would prefer not to litigate in Orleans Parish. What pleading, if any, can you file in an attempt to obtain the result sought by your client? Your answer must include a discussion of the basis for your filing and your likelihood of prevailing. 2. Assume that your client was served on July 9, 2010. You thereafter determine that your client is the first defendant to be served. Would you recommend any different or additional filing on behalf of your client? If so, please explain what you would recommend and why you would recommend it. "

"1. Partnership should file a declinatory exception of improper venue. Venue would be proper in Jefferson Parish, where Corporation has its registered office and where the tort occurred and damage was sustained; St. Bemard Parish, the location of LLC's registered office; or DeSoto Parish, the parish of Partnership's principal business establishment. However, there is no basis under these facts for venue in Orleans Parish and so the exception will likely be granted. 2. Partnership could also file a motion to transfer the case on forum non conveniens grounds. Since the accident occurred in Jefferson Parish and at least one additional potential defendant, Corporation, has its registered office in Jefferson, for the convenience of the parties and witnesses, and in the interest of justice, Jefferson is the more appropriate forum for litigating the case than Orleans, which has no connexity with the suit other than it being plaintiffs parish of domicile. However, forum non conveniens is only appropriate if the chosen venue is proper in the first instance. As discussed in the previous answer, Orleans Parish is not the parish of proper venue. Thus the forum non conveniens motion should be filed in the alternative to the exception of improper venue. Even if the petition was served beyond the applicable one-year prescriptive period, it is still timely if filed on or before July 6, 2010. The facts are silent as to when the petition was filed, but if it was after July 6, 2010, I would also file a peremptory exception of prescription. "

"F18, F17, F15, J14 F13, J10: You are preparing for a trial scheduled to begin on November 1, 2010, in which you represent the plaintiff. Defendant plans to utilize two expert witnesses, who you have deposed, and who you believe are not employing the proper methodology that is customarily used by experts in that field. (F17, F15, and J14 uses "junk science") 1. What, if anything, can you file to challenge the qualifications of the defendant's experts and what deadline, if any, exists for such a filing? 2. You are the Judge presiding over this matter and you have received the Plaintiff's filing from Q1. What deadline, if any, do you have to rule on such filing and, what, if anything, must your ruling include? 3. You represent the defendant and after consulting with plaintiff's counsel, you both agree that it would be best to have this issue heard during the week prior to the trial. What, if anything, can you do to accomplish this goal and what additional approvals, if any, are required? F17 and F15: asked part 1 only. "

"1. Plaintiff can file, not later than 60 days before trial, a motion for a pretrial hearing to determine whether the methodologies of defendants' experts are reliable under the Code of Evidence. 2. The ruling must occur at least 30 days before trial and it must recite findings of fact, conclusions of law and reasons for judgment. If taken under advisement, the court must provide these no later than five days after the hearing. The findings of fact, conclusions of law and reasons for judgment must include: (a) why the evidence is reliable under the Code of Evidence; (b) the evidence presented at the hearing; (c) whether the expert is will be allowed to testify, and (d) the reasons for the decision. 3. The parties can consent, with court approval, that the motion can be heard and the ruling made any time before trial. "

"F14, J13, F12, F11, J10: Client comes to see you on July 8, 2010, and shows you a money judgment rendered in her favor and against Judgment Debtor (JD) for $150,000. The judgment was rendered on July 10, 2000, and was recorded in your parish mortgage records on July 12, 2000. Client advises you that the judgment has never been collected due to JD's limited means, but she recently learned that JD inherited "millions of dollars" from a deceased uncle. 1. You are concerned that the judgment may soon prescribe due to the passage of 10 years until you take steps to revive it. Please explain the steps you must take to revive the judgment. Your answer must identify what, if anything, you must file to revive the judgment and where it must be filed. 2. You have satisfied your judgment revival concerns and now wish to ascertain whether JD actually has any assets that might be used to satisfy Client's judgment. What, if anything, can you do to learn from JD whether he has any assets to satisfy Client's judgment? If something can be done, please briefly explain what you must file and where it must be filed. 3. You have learned that JD has substantial funds in a local bank more than sufficient to pay all money owed to Client. Please briefly explain what you must file so that Client can satisfy her judgment from JD's bank funds. "

"1. Plaintiff should file an ex parte motion to revive the judgment in the court in which the judgment was rendered. The filing of the motion to revive interrupts the 10-year prescriptive period. The motion must include an affidavit of plaintiff stating that the original judgment has not been satisfied. Service and citation of the motion is not necessary. 2. File a motion for examination of the judgment debtor, which may include a request that Judgment Debtor bring her financial books and records to the examination. The motion must be filed in the court which rendered the judgment. 3. Client may garnish the bank funds under a writ of fieri facias. Plaintiff should file a petition for garnishment in the parish where Bank may be sued under in the parish where its registered office is located or the parish where the office that oversees JD's accounts is located. Plaintiff then serves the citation, petition, garnishment interrogatories and notice of seizure on the bank garnishee. Bank will have 15 days to answer the interrogatories. Once Bank admits it has Judgment Debtor's funds, the court will order Bank to deliver the funds to the sheriff. "

F17: List four of the bases for which a juror may be challenged for cause.

"1. The juror lacks legal qualification; 2. The juror has formed an opinion or is otherwise not impartial 3. Relations between the juror and the party or attorney would influence the juror 4. The juror takes the 5th during voir dire. "

F10: Which of the following is NOT an appropriate venue for an action seeking to modify a child support obligation:

"1. The parish where the person awarded support is domiciled. 2. The parish where the person paying the support is domiciled. 3. The parish where the support award was rendered if it has not been registered and confirmed in another Louisiana state court; or 4. The parish where the support award was last registered if registered in multiple Louisiana state courts. Answer: 2

"J11: Adam's Plumbing is a Louisiana corporation having its registered office in Winn Parish. Owner lives in adjacent LaSalle Parish and owns a camp in adjacent Grant Parish. Owner called Adam's Plumbing (AP) to check a possible gas leak at his Grant Parish camp. AP sent employee Bob, a resident of nearby Caldwell Parish, who had 2 months experience as a plumber, to field the call. Bob discovered the gas leak inside Owner's Grant Parish camp. Bob replaced the leaking value with a valve manufactured by California Valve Company (CVC), a California corporation with no offices in Louisiana. One week later, Owner's Grant Parish camp is destroyed due to a gas explosion. Fortunately, Owner is away and is not injured. Owner hires a lawyer to sue Bob and AP for the destruction of his camp. Succinctly answer the following: 1. What Parish or Parishes would be a proper venue for Owner's lawsuit against Bob and AP? Explain fully. 2. Owner sues Bob and AP in LaSalle Parish. Bob and AP want to challenge that venue. A) What pleading must be filed to challenge the venue in LaSalle Parish and when must it be filed? B) Will defendants prevail? 3. AP believes CVC's valve was defective and wants to add the company as party to the lawsuit. A) What pleading must AP file to add CVC as party to case? B) Since CVC has no offices in Louisiana and is not registered with the LA SoS, how must AP effect service of process on CVC? Explain in detail how this is done. 4. Because CVC sells no products to any Louisiana distributors, it wishes to contest personal jurisdiction of the Louisiana Court. Its closest distributors to Louisiana are in Longview, Tx., El Dorado, Ark., and Vicksburg, Miss. A) What pleading must CVC file to contest the jurisdiction of LA over it in this matter and when must it be filed? B) You are the judge hearing the issue. What is the basis for possible jurisdiction over CVC and how to you rule? 5. Owner's attorney wants to know if AP has liability insurance that might provide coverage in this lawsuit and if AP has any statements of witnesses relating to this case. How can Owner's attorney secure this information? "

"1. Venue would be proper in Winn Parish, the parish where AP, a domestic corporation, has its registered office. Venue would also be proper in Grant Parish were the damages occurred and where the alleged negligent repair took place, and it is also the parish where the services rendered under the contract were performed. Caldwell Parish may be proper if it is Bob's domicile (the facts say resident, and if that is his habitual residence, it works). 2. A) Defendant should file a declinator exception of improper venue. It must be filed in or prior to the Answer. B) There is no basis for LaSalle Parish unless CVC is joined in the suit under the Long Arm Statute, LA R.S. 13:3201. 3. A) AP must file an amended petition to join CVC as a party. In this case it is under Art. 641 a person shall be joined as a part to the action when in his absence complete relief cannot be accorded among those already parties. AP should argue that ignoring CVC's alleged product liability would not afford them or Owner complete relief. B) CVC must be served under Louisiana's Long Arm Statute, LA R.S. 13:3201. In this case AP would mail the citation and petition via certified/registered mail or through commercial carrier (like FedEx). If service cannot be made by these methods, the court will order serve to be made on an attorney appointed to represent the non-resident defendant. 4. A) A declinatory exception of lack of personal jurisdiction, which must be filed in or prior to the Answer. B) Louisiana's long-arm statute gives a number of factors to consider in establishing personal jurisdiction over a non-resident corporation. In this case the fact pattern hits possibly three, 1) they caused damages inside the state through an act outside the state (but would have to show they regularly do or solicit business in the state); 2) they manufactured something that caused damage inside the state (would have to show at the time they placed into commerce they knew the product would make its way into state); and 3) if AP contracted with CVC to supply the valves, then CVC contracted with a company inside the state to provide a product or service. With the location of their distributors in proximity to LA (the facts indicate the three surrounding states) it would be difficult for CVC to claim that they did not foresee the product making its way into Louisiana. Therefore this basis is likely to be the strongest rationale for upholding specific jurisdiction under LA's long arm. 5) Owner's attorney can send interrogatories seeking answers to the insurance questions raised. He can also serve a request for production asking AP to produce copies of all policies that might provide coverage. Additionally, Owner's attorney can depose AP's representatives and ask questions about insurance. "

"F14, J13, J12, J10: You represented Plaintiff in a two-week long personal injury trial tin which the jury rendered a verdict in favor of the defendant. You have properly perfected a suspensive appeal on behalf of Plaintiff, and posted the required bond. 1. After the trial court record is lodged with the appellate court, defendant files a motion in the trial court to tax expert witness fees and other costs of trial to Plaintiff. Please explain whether the trial court may or may not hear that motion. 2. Assume you now represent the defendant. You read in the Wall Street Journal that the surety used by Plaintiff for her suspensive appeal has filed for bankruptcy and you plan to file a motion to test the solvency of that surety. Do you file your motion with the appellate court or with the trial court? Please provide the reason for your decision. 3. Assume you now represent Plaintiff. The court has heard defendant's motion to test the solvency of the surety and has determined that your surety is insufficient. Is your suspensive appeal still valid? Please explain what, if anything, you may do to maintain your suspensive appeal, and any time limits associated therewith. F14 says you represent Defendant and Plaintiff won and only asks 1 and 3. "

"1. Yes. After an appeal has been perfected, the trial court retains jurisdiction to perform certain acts, including the taxation of costs and expert witness fees. 2. The motion to test the sufficiency of the appeal bond must be filed in the trial court in which the bond was set. The trial court set the bond in its order of appeal and the appeal was conditioned upon the posting of adequate security. The trial court also retains jurisdiction to test the solvency of the surety on the appeal bond after the purported perfection of the appeal. 3. Within 4 days, exclusive of holidays, of the judgment holding the original bond insufficient, plaintiff can furnish a new or supplemental bond with a new or additional surety. The underlying suspensive appeal will then be allowed to proceed. (5154) "

"F10: Stock Purchaser (SP), a resident of Natchitoches Parish, has recently come to you with a take of deception. SP, a member of Stock Buying Club (SBC), makes stock trades through Brokerage Firm, a national concern. SP and other members of SBC have a contractual relationship with Firm, having signed in Caddo Parish, standard-form contracts setting out the services provided by the Firm, the compensation paid by customers with stock wholesalers who buy stock from or sell stock to Firm's customers. Firm is paid a commission by its customers and receives and keeps "payments for order flow" from the stock wholesalers. SP believes that Firm should have disclosed to its customers these payments by the stock wholesalers and that by failing to do so, breached its contractual duty to its customers. SP's SBC is composed of over 50 members who are residents of Natchitoches Parish. He is aware of 15 other clubs of similar size throughout the state. He wants you to bring one action against Firm that will vindicate the rights of all the members of SBC and of the other such clubs in the state. 1. Is there one action that can be brought to vindicate the rights of all members of these clubs? If so, what is that action; what is its proper venue; and what are the requirements for its maintenance? 2. Briefly explain the reason why you feel that the requirements for the maintenance of that action have been met in this case. "

"1. Yes. The members could bring a class action. The action may be brought in any parish which is the proper venue for Brokerage Finn or any parish which is the proper venue for any of the other 15 clubs joined in the suit. This would include any parish in which any defendant has an office, or any parish of their principal business establishment. Another possible venue would be Caddo Parish, the parish where Stock Purchaser signed the contract with Brokerage Firm. Yet another possibility is Natchitoches Parish if this suit is brought under the long arm statute, assuming Brokerage Firm has no Louisiana location. The requirements for maintaining a class action are numerosity, questions of law and fact common to the class, the claims are typical of those of the class, plaintiffs will fairly and adequately protect the interests of the class, and there are ascertainable criteria for objectively defining the class. 2. If each of the other clubs was the size of SBC, there would be hundreds of plaintiffs. While there is no numerical threshold, the numerosity requirement seems to be easily met. It would be impracticable to join so many members in one suit. The typicality requirement is also easily met because SP's claim is primarily the same as other club members - misrepresentation concerning the hidden commission. There are common questions of law and fact; namely, whether the commission was disclosed and were defendants legally required to do so. SP is interested in vindicating the rights of all members of these clubs and so he should adequately protect their interests. Finally, it would be fairly easy to define the class according to objective criteria (e.g., stock-buying club members purchasing and selling through brokerage firms that receive undisclosed commissions). Meeting the typicality, common questions of law and fact and objectively ascertainable criteria requirements would each be further enhanced if all stock-buying club members signed the same standard-form contract which failed to disclose the hidden commission, because they were all damaged by the same omission, evidenced by the same contract, which would also permit an objective basis to define the class. "

"J17, F16, F15, J14: Plaintiff (P) was injured when the vehicle that he was operating was rear-ended by an 18-wheeler operated by Driver (D) and owned by Owner (O). D was acting in the course and scope of his employment with O at the time of the collision. The collision occurred in Calcasieu Parish. P is domiciled in Allen Parish. D is domiciled in Tensas Parish. O is a Delaware Corporation, but it qualified to do business in Louisiana through the SoS, designating EBR as its principal business establishment in its application to do business. It has appointed a registered agent and has a Louisiana office, both located in EBR. 1.1: What Parish or Parishes would be a proper venue for P's lawsuit against D and O? Explain fully. 1.2: Suit has been filed by P naming D and O as defendants. The lawyer for D and O thinks P has filed suit in the wrong venue. What pleading must be filed to challenge the venue and when must it be filed? 1.3: Suit has been filed. What is the delay to request service of citation on O and D? (F15 stops here) 1.4: In addition to being served with the petition, and at the same time, O was served a request for production of documents. How many days does O have to respond? 1.5: Suit has been filed. O has been served, but D has not been served. The time delay for requesting service on D has expired. A) What action can be taken to seek dismissal of D? B) What must the judge determine in order to dismiss D? J17, J16: Collision in Calcasieu, Plaintiff domiciled in Allen, Driver domiciled in Tensas. Owner is a Utah corporation registered with SOS with principal business establishment in Lincoln Parish. 2.3: Plaintiff served discovery (interrogatories & ROAOF) on Driver and Owner with the citation and petition. (See answer 1.4) (see later question for remainder of J16 question) "

"1.1: Tensas Parish would be proper venue against D because that is the parish of D's domicile. Calcasieu Parish would also provide proper venue against both D and O, D's vicariously liable employer, because that is the parish where the wrongful conduct occurred and where damages were sustained. EBR is also proper venue because defendant 0 is a foreign corporation licensed to do business in Louisiana, and venue is proper in the parish of its principal business establishment, as designated in its application to do business. Secondly, EBR is the parish of O's registered agent. Finally, Tensas and EBR are parishes of proper venue which arise under article 42 and, as such, would be proper venue under article 73 against D and O because each of the defendants is a joint obligor. Suit in a parish where venue is proper as to any joint obligor under article 42 will be proper as to all. (Note: Allen Parish. the plaintiffs domicile, would be proper only if O has not properly registered to do business in Louisiana.) 1.2: Defendants must file a declinatory exception of improper venue. The exception must be raised prior to or in the answer, and prior to or along with any pleading seeking relief other than ministerial requests such as entry or removal of counsel of record or an extension of time to plead, and in any event, prior to confirmation of a default judgment. If another declinatory or dilatory exception is pleaded, they must be filed at the same time. 1.3: Service must be requested on all named defendants within 90 days of commencement of the action. 1.4: O must respond within 30 days of service of the petition since the requests were served with the petition. 1.5: (A) Defendant has two options. First, he can file a declinatory exception of insufficiency of service of process (assuming an answer has not yet been filed). Secondly, he can file a motion for involuntary dismissal under article 1672(C). (B) In either case, the judge must determine whether plaintiff has shown good cause for why service was not timely requested before dismissing defendant from the suit. "

"F16: P was injured when vehicle which he was operating was rear-ended by an 18- wheeler operated by Driver and owned by Owner. Driver was acting within course and scope of his employment with Owner at time of collision. Collision occurred in Calcasieu Parish. P is domiciled in Allen Parish. Driver is domiciled in Tensas Parish. Owner is a Utah corporation, but it qualified to do business in LA through Secretary of State, designating EBR Parish as its principal business establishment in its application to do business. It has appointed a registered agent and has a LA office, both located in EBR Parish. F17, F15, --2.1-2.2 2.1 What parish/parishes would be proper venue for P's lawsuit against Driver & Owner? Explain fully. 2.2 Suit has been filed by P naming Driver and Owner as Ds. Driver and Owner believe that P has filed suit in wrong venue. What must be filed to challenge venue and when must it be filed? 2.3 P served interrogatories on Driver and Owner with the citation and petition. Within what period of time must Driver and Owner answer the interrogatories? 2.4 After case was tried, jury returned a verdict in favor of P & against Driver & Owner on Thursday, Dec 4. Judge instructed P to prepare & furnish to Driver & Owner a proposed judgment based upon jury's verdict pursuant to Uniform Local Rules. P complied, but Driver & Owner had an objection to proposed judgment. Judge held a conference in chambers on Monday, Dec 29, and prepared a judgment of his own, to which all parties had objections. Judge then entered courtroom and, in presence of lawyers for all parties, announced his judgment, signed judgment he had prepared, & handed it to deputy clerk of court for filing. Judge acknowledged that all parties had objections to judgment, & counsel for all parties reiterated and stated those objections on the record. Sheriff served notice of judgment on Friday, Jan 2. a) What is last date on which Driver and Owner can apply for a new trial or JNOV? b) Assuming that Driver and Owner make no application for new trial or JNOV, how many days and from what date do Driver and Owner have to file for a suspensive appeal? c) How many days, & from what date, do Driver & Owner have to file suspensive appeal bond? d) How many days, & from what date, do Driver and Owner have to file for a devolutive appeal? e) After expiration of the period permitted for filing a motion for a JNOV Driver nevertheless filed a motion for a JNOV. This motion was denied on January 23. How many days and from what date do Driver and Owner have to file for a devolutive appeal? f) P filed no post-judgment motions but wants to preserve his rights to have court of appeal consider his objections to judgment & modify or revise it. Driver & Owner have perfected their suspensive appeal, & record has been lodged with court of appeal. What must P file & when? "

"2.1 Tensas Parish would be proper venue against Driver because that is parish of Driver's domicile. Calcasieu Parish would also provide proper venue against both Driver and Owner, Driver's vicariously liable employer, b/c that is parish where wrongful conduct occurred and where damages were sustained. EBR is also proper venue because defendant Owner is a foreign corporation licensed to do business in Louisiana, and venue is proper in the parish of its principal business establishment, as designated in its application to do business. Secondly, EBR is the parish of Owner's registered agent. Finally, Tensas and EBR are parishes of proper venue which arise under article 42 and, as such, would be proper venue under article 73 against Driver and Owner because each of the defendants is a joint obligor. Suit in a parish where venue is proper as to any joint obligor under article 42 will be proper as to all. (Note: Allen Parish. the plaintiffs domicile, would be proper only if O has not properly registered to do business in LA.) 2.2: Defendants must file a declinatory exception of improper venue. The exception must be raised prior to or in the answer, and prior to or along with any pleading seeking relief other than ministerial requests such as entry or removal of counsel of record or an extension of time to plead, and in any event, prior to confirmation of a default judgment. If another declinatory or dilatory exception is pleaded, they must be filed at the same time. 2.3 Driver & owner must answer interrogatories within 30 days of service of petition. 2.4 (a) Seven days, exclusive of holidays, from service of notice of judgment. Since notice of judgment was served on Friday, January 2, the last day to file the JNOV/New Trial motion would be Tuesday, January 13. (b) 30 days from the expiration date for applying for a new trial or JNOV, which occurred on January 13. Therefore, Suspensive appeal must be taken within 30 days, starting on January 14. (c) The Suspensive appeal bond must be furnished within the same delay for taking a Suspensive appeal which would be 30 days from January 13, starting on January 14. (d) 60 days from the expiration date for applying for a new trial or JNOV, which occurred on January 13. Therefore, the Devolutive appeal must be taken within 60 days, starting on January 14. (e) It would be 60 days from entry of judgment denying the JNOV motion. Therefore, assuming judgment was entered the same day as denial, the time to file a Devolutive appeal would be 60 days from January 23, starting on January 24. (f) Since P wants to have judgment modified or revised, he must file an answer to Driver's and Owner's appeal within 15 days from the later of the return day or lodging of the record of appeal. "

"F14: Plaintiff (P) was injured when the vehicle that he was operating was rear-ended by an 18-wheeler operated by Driver (D) and owned by Owner (O). D was acting in the course and scope of his employment with O at the time of the collision. The collision occurred in Calcasieu Parish. P is domiciled in Allen Parish. D is domiciled in Tensas Parish. O is a Delaware Corporation, but it qualified to do business in Louisiana through the SoS, designating EBR as its principal business establishment in its application to do business. It has appointed a registered agent and has a Louisiana office, both located in EBR. 2.1: Suit has been filed and D was not dismissed. In the Petition, P did not ask for trial by jury. What two things must the defendants' lawyer do to ensure trial by jury in the case? 2.2: Suit has been filed and an Answer has been filed by both D and O. P's attorney suspects D has a history of rear-end collisions. What discovery could be served on D and on O to obtain that information? 2.3: P's lawyer decides to serve interrogatories upon D. How many interrogatories may P propound without seeking leave of court. 2.4: P has been served with the Answers of D and O. Defendants' lawyer decides to amend D's Answer. How many days does he have to amend D's Answer without leave of court?"

"2.1: Defendants' lawyers must request a jury trial within 10 days after service of the last pleading that raises an issue triable by a jury or the granting of another party's motion to withdraw a jury demand. Since plaintiff did not request a jury trial, defendants must make their request within 10 days after D files his answer, which he must now file because of the denial of his declinatory exception of insufficiency of service of process. The request for jury trial must be accompanied by a bond or cash deposit in an amount and at a time set by the court. Simultaneously with posting bond, D may also have to pay the clerk of court jury filing fees as determined by local rules of court. 2.2: First, P's attorney can serve interrogatories on D and O seeking the particulars of any prior rear-end collisions D may have had, including the date of the collisions, the names and addresses of the drivers he rear-ended, any determinations of fault, any witnesses, and the insurers of D, O, and the other drivers involved. Secondly, requests for production of documents can be served on D and O, who are parties, and subpoenas duces tecum can be served upon any nonparties identified in the answers to the above referenced interrogatories. Both devices will enable P to obtain documents relevant to, among other things, the cause, fault, and damages involved in the prior rear-end collisions. Thirdly, P's attorney can take the depositions of D, O (by notices of deposition), and any non-parties (by subpoenas) identified in the interrogatories and produced documents that might have information relevant to the prior rear-end collisions. Fourthly, based on the information obtained through the above discovery, P can serve requests for admissions on D and O asking that they admit or deny D's involvement and fault in the prior collisions. 2.3: 35 including subparts. 2.4: D may amend his answer once within 10 days after the original answer has been served."

"F15, J14: 3.4: The jury returned a verdict in favor of P and against D and O in the amount of $1million. The lawyer for D and O believes the evidence was insufficient to support this verdict of $1M in damages and was contrary to the law but is satisfied with the jury's liability finding. What are the options for relief from this verdict that can be filed in the trial court? 3.5: What are the time delays for filing the options available to D and O? 3.6: What are the standards that the judge should use in analyzing the jury's verdict in order to determine the availability of the options asserted by D and O? 3.7: D and O file an appeal. How many days, for the lodging of the record or return date, whichever is later, does P have to answer the appeal? 3.8: The judge denied D and O's post-trial motions. The judge's order was mailed July 5, 2014. How many days do D and O have to file for a suspensive appeal? How many days for a devolutive appeal?"

"3.4: One option is a motion for a judgment notwithstanding the verdict (""JNOV"") or, in the alternative, a new trial on the issue of quantum. Another option is a motion for remittitur as an alternative to a new trial, also on the issue of quantum. 3.5: Each option has the same deadline and must be filed within seven days, exclusive of holidays, from the mailing or service (if required) of notice of signing of judgment. 3.6: The standard for granting the JNOV/New Trial motion is after considering all the evidence in the light most favorable to the non-moving party (in this case P), if the facts and inferences so strongly and overwhelmingly favor one party that reasonable persons could not reach a contrary result, the court should grant the motion. However, if there is substantial evidence of such quality and weight that reasonable persons might differ, the motion should be denied. The standard for granting remittitur is when the verdict on quantum is clearly contrary to the weight of the evidence and a new trial could be granted on that basis alone and quantum is clearly separable from the other issues. 3.7: P has 15 days from the later of the return day or lodging of the record of appeal within which to answer the appeal. 3.8: A suspensive appeal must be taken within 30 days of when the denial of the JNOV/New Trial motion was mailed. A devolutive appeal must be taken within 60 days of when the denial of the JNOV/New Trial motion was mailed."

"F18, J17, J16, F16: 4.1 D failed to respond to discovery propounded by P. P filed a motion to compel discovery, and, after a hearing on the motion, the judge ordered D to respond to discovery within 15 days. More than 15 days have now passed, and D has still failed to respond to the discovery. a) What action should P take? b) What actions may the judge order in response? Describe any correct four actions for full credit. (J16 J17, went up to 4, F18 down to 3) "

"4.1 a) P should file a motion for sanctions due to D's failure to respond to court ordered discovery. b) Among the sanctions the court has available, it may (1) deem a matter proved; (2) exclude D's evidence; (3) impose costs and attorney's fees against D; or (4) striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgment by default against the disobedient party Note the new (2016) law on Discovery being 30 days may impact this answer. "

"F15: John and his wife Margaret are the sole shareholders of a Louisiana corporation that operates a store located on a tract of land owned by the corporation. John and Margaret both agreed that they needed to expand and that the corporation needed a loan to finance the expansion. A local bank agreed to lend the money, but only if the loan was secured by a mortgage on the land owned by the corporation. The bank prepared a promissory note drawn in the amount of the loan, along with a mortgage that contained a confession of judgment. Margaret, as secretary of the corporation, signed a certification of a resolution adopted by the corporation's board of directors authorizing the corporation to obtain the loan and authorizing John to sign the promissory note and mortgage as president of the corporation. The note and mortgage were both executed and the mortgage was properly filed in the local mortgage records. Payments due under the promissory note were made for 9 months, however, for the last 3, the corporation has not made any of the monthly payments due. The bank wants to have the property sold at a sheriff's sale as soon as possible and also wants to preserve its right to pursue the corporation for any balances of the loan that may remain if the property does not sell at the sheriff's sale for an amount sufficient to fully repay the loan. The mortgage reflects that John signed in his capacity as president of the corporation in the presence of a notary and two witnesses and that the mortgage correctly describes the note. 4.1: What kind of procedure should be used by the bank's attorney to foreclose on the property and what are the required attachments to the petition? 4.2: What should the bank's attorney ask for in the petition in order to preserve the bank's right to collect the remaining balance of the loan in the event the property does not sell at the sheriff's sale for an amount sufficient to fully repay the loan? 4.3: Assuming that the petition has been filed, a foreclosure has been authorized by the court, and the clerk of court has delivered the properly certified copies of the petition and attachments to the sheriff for service, what are the duties of the sheriff's office regarding the foreclosure suit? 4.4: Assuming that the foreclosure has proceeded to an actual sheriff's sale that the bank's attorney attends and the property has been properly appraised as provided by law. What are the minimum bid requirements for such a sale? 4.5: Assuming that the property is sold at the sheriff's sale but after applying the bid price to the debt, there is still $10K owed to the bank. What should the bank's attorney do to collect the debt? "

"4.1: Executory process. This process requires the promissory note to be secured by a mortgage executed by an authentic act containing a confession of judgment (which the fact pattern indicates it has). The procedure involves properly filing the petition for executory process praying for seizure and sale and include all authentic evidence, which in this case is the note evidencing the obligation secured by the mortgage importing the confession of judgment as well as the corporate documents allowing John to enter into the promissory agreement on behalf of the corporation. 4.2: The petition must include a request for an appraisal of the property because under the deficiency judgment act if they waive appraisal, the amount the property receives is what the bank will get for the debt. 4.3: The sheriff's office shall then seize the property affected by the mortgage upon receiving the writ of seizure and sale and serve upon the defendant a written notice of the seizure and sale. Three days after service (exclusive of holidays) the sheriff shall advertise the sale of the property, twice since it is an immovable. Then they conduct a sheriff's sale to see how much the property gets. 4.4: The minimum bid on the first sale is 2/3s the appraised value. If the property does not get at least that amount, it shall not be sold at the first offering. However, at the second offering, the property shall be sold for cash, for whatever it will bring. 4.5: The bank's attorney should then file a deficiency judgment by either converting the executory proceeding into an ordinary proceeding or by filing a separate suit. "

"J14: For several years, Jones, a resident of Sabine Parish, has owned vast tracts of timberland located in Sabine Parish. While inspecting a remote area of his property 14 months ago, he found that a few acres of it had been fenced off by Smith, a resident of Allen Parish, who is using the land he fenced off to grow Christmas trees for sale. Smith claims to have inherited the property from his father. Jones wants to be declared the owner of the property and seeks to obtain a court order recognize him as such. Succinctly answer the following questions: 4.1: What proceeding should Jones file and why? 4.2: Which parish or parishes would be the proper venue for the proceeding to be filed and why? 4:3: Suit has been filed by Jones against Smith and before the answer is due, a friend tells Jones that Smith is advertising the Christmas tree farm property for sale. What proceedings are available to stop Smith's attempts to sell the property? 4.4: Suit has been filed. Jones learns that Smith is seeking to borrow money for his Christmas tree farm business, using the Christmas tree farm property as collateral for a mortgage. What should be filed to notify potential lenders of the pending litigation and where should be filed? "

"4.1: Jones should file a petitory action seeking a judgment declaring that he is the owner of the fenced off acres. By virtue of the fencing, Jones is not in possession of these acres. Smith is in possession and asserted his ownership when he fenced off the property. Since Smith is in possession, Jones would have to prove that he has good title against the world and that he acquired ownership from a previous owner or by acquisitive prescription. 4.2: Sabine Parish, the situs of the property, is the proper venue. 4.3: Jones should bring an action for injunctive relief enjoining the sale through issuance of a temporary restraining order (""TRO"") and preliminary and permanent injunction. Such injunctive relief is proper when plaintiff alleges and shows that he will suffer irreparable injury, loss, or damage unless the court grants injunctive relief. Here, the loss of immovable property by sale would cause irreparable damage because of its unique non-monetary value which cannot be compensated by money damages alone. The TRO may be granted ex parte and expires by its terms, not to exceed l 0 days. Jones' attorney must file a verified petition containing a certification of his efforts to notify Smith or his attorney. The preliminary injunction requires notice and hearing on the merits. The hearing must be scheduled not less than two nor more than 10 days from service of the notice. The permanent injunction would issue after full trial on the merits. 4.4: A notice of pendency of a real action should be filed for recordation with the recorder of mortgages for the parish where the affected property is located, which, in this case, would be Sabine Parish. The notice would provide interested third parties such as Smith's potential lenders with notice that a pending lawsuit in Louisiana implicates rights in which a third party may have a legal interest. The notice must be in writing, signed by Jones or his attorney, set forth the names of the persons against whom it is to be effective, the court, title, docket number, filing date, object of the demand, and description of the property in which the action is pending. "

"F15: Assume all of the facts from the previous question. John and his wife Margaret are the sole shareholders of a Louisiana corporation that operates a store located on a tract of land owned by the corporation. John and Margaret both agreed that they needed to expand and that the corporation needed a loan to finance the expansion. A local bank agreed to lend the money, but only if the loan was secured by a mortgage on the land owned by the corporation. The bank prepared a promissory note drawn in the amount of the loan, along with a mortgage that contained a confession of judgment. Margaret, as secretary of the corporation, signed a certification of a resolution adopted by the corporation's board of directors authorizing the corporation to obtain the loan and authorizing John to sign the promissory note and mortgage as president of the corporation. The note and mortgage were both executed and the mortgage was properly filed in the local mortgage records. Payments due under the promissory note were made for 9 months, however, for the last 3, the corporation has not made any of the monthly payments due. The bank wants to have the property sold at a sheriff's sale as soon as possible and also wants to preserve its right to pursue the corporation for any balances of the loan that may remain if the property does not sell at the sheriff's sale for an amount sufficient to fully repay the loan. The mortgage reflects that John signed in his capacity as president of the corporation in the presence of a notary and two witnesses and that the mortgage correctly describes the note. The order directing the sheriff to seize and sell the property was signed by the court on February 1, 2015, and the registered agent for the corporation was served on February 5, 2015. On the same date as service, John and Margaret ask their attorney if there is anything that can be done to stop the foreclosure. They admit to their attorney that the corporation obtained the loan and has not made the monthly payments required under the promissory note. John and Margaret also admit that their signatures on the documents are genuine. However, both John and Margaret strongly assert that only the notary was in the room with John when John signed the mortgage and that no other witnesses were present. 4.6: What are the options available to stop foreclosure? 4.7: What is the basis for any action to stop the foreclosure? 4.8: What security, if any, is required to be posted in any action filed to stop the sale? "

"4.6: Their option available to stop foreclosure is the injunction procedure spelled out under Art. 2752, known as the injunction proceeding to arrest a seizure and sale. Because it is immovable property, they cannot get a TRO, but they can get a preliminary injunction to immediately stop the sale. 4.7: The defendant in the executory proceeding may arrest the seizure and sale of the property by injunction when the procedure required by law for an executory proceeding has not been followed. The fact pattern indicates that the witnesses were not in the room when John signed, calling into question the authentic nature of the authentic act, and thus indicating that the procedure required for an executory proceeding has not been followed. 4.8: The security amount is the amount required under the security requirements for temporary restraining orders and preliminary injunctions. The security basically indemnifies the person who believes they have a right to the property and covers any costs or damages they sustain from being prevented from being able to sell the seized property. "

J15, F15: P has completed the presentation of his case in an action tried to a jury. D believes that upon the facts during P's case and applicable law, P has shown no right to relief against D and desires to have P's case dismissed without D putting on any evidence. A) What, if anything, can be done to bring the trial to a conclusion at this point? B) If the attempt in subpart A fails, what impact any does this failure have on D's right to offer evidence?

"A) D should move for a directed verdict because considering all the evidence presented in a light most favorable to the Plaintiff, it is clear that the facts an inferences point strongly and overwhelmingly in favor of D such that reasonable jurors cannot reach a contrary verdict. B) According to CCP Art. 1810, if the motion fails it does not affect D's ability to offer evidence even if he did not reserve the right to do so. "

"F14, J13, F12: Plaintiff is a guest passenger who was injured when the vehicle in which she was riding collided with another vehicle at an intersection. The case was tried to a jury, which returned a verdict in favor of Plaintiff in the amount of $250,000 and against the Driver of the other vehicle. F18: A) You represent Plaintiff and your objection to the verdict is that it is woefully inadequate given the serious injuries suffered by Plaintiff. What action, if any, can you take to obtain, in trial court, an increase in the jury award? Please explain your answer. B) If Judge decided to increase the jury award, what are the procedures that Judge must utilize in order to grant the increase? What is the legal name given to such an increase? C) You represent Driver and are of the opinion that the evidence was completely insufficient to support the jury's verdict on liability and was contrary to the law. You are, however, happy with the jury's damage award. What are your options for post-judgment relief in the trial court? Please explain how your opinions are asserted. (J15) D) What are the time delays for filing the post-judgment relief options available to Driver's counsel? E) What are the standards that Judge should use in analyzing the jury's verdict in order to determine the availability of the post-judgment relief options assert by Driver's counsel? "

"A) Plaintiff may file a motion for additur. This is an alternative to a motion for a new trial, on the issue of quantum, when the verdict is clearly contrary to the weight of the evidence and a new trial could be granted on that basis alone. B) Quantum must be clearly separable from other issues in the case. Defendant must also consent to additur as an alternative to a new trial. If additur is entered, then the court will reform the jury verdict in accordance with the motion. As previously mentioned, the legal name for this increase is additur. C) Plaintiff may file contradictory motion for a judgment nothwithstanding the verdict (JNOV) or, in the alternative, a motion for a new trial. The new trial motion may be brought on all or part of the issues and on the grounds that the liability verdict was clearly contrary to the law and evidence. D) The JNOV/New Trial motion must be filed within seven days after the mailing/service of the notice of the signing of the judgment. E) The standards for deciding a JNOV motion and a new trial motion are similar but distinctive. A JNOV should be granted when the facts and inferences, considered in the light most favorable to the opposing party, point so strongly and overwhelmingly in favor of the moving party that reasonable persons could not find for the opposing party. In deciding a new trial motion, however, "the trial judge is free to evaluate the evidence without favoring either party; he may draw his own inferences and conclusions and may evaluate the credibility of the witnesses. . . ." "

"F18, F17, J15, F15, J14: 3.3: Jury selection has begun in the case. During jury selection, a potential juror advises that she is the legal secretary for P's lawyer. Defense counsel asks the judge to excuse this juror for cause. A) What should be the basis for this request? B) If the judge denies the request, what can D do to have the juror excused? J15: 2.7 The entire jury has been sworn and accepted. However, before P begins presentation of evidence, a juror suddenly remembers he lacks a qualification required by law and so advises the judge. A) What, if anything an be done to challenge this juror or to have juror excused? B) If excused, how should his replacement be selected? "

"A) That she may not be impartial, for whatever reason. B) D can use one of his peremptory challenges to have her removed. 2.7 A) After jury is sworn, juror can still be challenged for cause by either side or be excused by court for cause by consent of both sides. Lacking a qualification required by law is a proper basis for a cause challenge. B) The replacement is selected from alternate jurors. "

"J11: You represent Employer who has been sued by Victim after Employee was involved in a wreck with Victim while driving a vehicle owned by Employer. Through discovery, you have learned that the accident happened at 9pm. Employee's work hours were 8am - 5pm. You also learned that Employee's girlfriend was with him at the time of the accident, and they were returning from a movie date. Thus, you believe there is no basis for Victim's allegations that Employee was in the course and scope of employment at the time of the accident. Trial is scheduled to occur in four months. A. What, if anything, can you file now to extract Employer from this litigation prior to trial and what legal standard, if any, must you establish to obtain the relief sought? B. Identify at least 2 facts that you would want to establish to support your effort, and explain how you would offer these two facts as evidence in support of your effort. "

"A. Employer can file a motion for summary judgment based on its claim that there is no genuine issue of material fact regarding Employer's vicarious liability for the actions of Employee. Since Victim bears the burden of proof at trial on this claim, Employer's burden as movant on the motion does not require him to negate all essential elements of Victim's claim, but rather point out that there is an absence of factual support for one or more elements of Victim's claim. Here, Victim will be unable to establish factually that Employee was in the course and scope of his employment at the time of the accident, an essential element of the claim of vicarious liability. Employer would thus point out in the motion the absences of evidence in the record showing Employee was in the course and scope during the relevant time. B. First, Employer would refer to the fact that Employee's work day ended at 5pm, four hours prior to the accident. Second, Employer would refer to the fact that Employee was not acting in furtherance of his employment because the facts indicate that he was on a date with his girlfriend at the time of the accident. Employer would offer these two facts in affidavits which show the affiant is competent, based on personal knowledge, and attest to facts admissible at trial. In this case, an affidavit from Employer, or his appropriate designee, attesting to Employee's work hours and an affidavit from Employee's girlfriend regarding their activities just prior to the accident would likely meet the aforementioned requirements. "

"J12, J11: Client seeks your assistance regarding a Partnership Agreement he has entered into with a long-time acquaintance. Although his Partner has not yet breached the Partnership Agreement, Client believes that his Partner is about to violate the terms of the agreement. His Partner has justified his threatened actions by interpreting certain provisions of the Partnership Agreement in a manner that Client believes is fundamentally incorrect. Although the action threatened by Partner would cause Client only monetary harm, Client asks you if there is any legal action he can bring in advance of contemplated breach of the agreement that might confirm that Partner's interpretation of the Agreement A) What is the appropriate legal action, if any, that you would recommend, and what kind of relief can the Court provide in conjunction therewith? B) The Partnership at issue has a Third Partner (TP) who agrees with Client's interpretation of the Partnership Agreement but does not want to join in an action related therto. In light of your answer to Part A, what, if anything, must be done with respect to TP? If something must be done, please explain why. "

"A. I would file an action for a declaratory judgment on behalf of Client seeking a declaration of the rights, status, and legal relations between the partners as governed by the Partnership Agreement. Specifically, I would ask the court to declare that the action contemplated by the Partner violates the agreement. The availability of monetary damages caused by the Partner's threatened action does not preclude the availability of declaratory relief and any such declaration by the court would have the force and effect of a final judgment. B. TP arguably could be deemed a necessary party that must be joined in order to prevent the peremptory exception of nonjoinder. It would be hard to argue that TP meets the threshold for necessary party because Client is only seeking declaratory relief in the form of judicial interpretation of the Partnership Agreement and thus won't interrupt TP's access to relief if he were to seek a separate claim later. Furthermore, the facts indicate that TP agrees with Client on his interpretation of the Partnership Agreement, so it would be hard to argue that TP's rights will somehow be subverted by a finding that is favorable to Client. Therefore it is likely that TP can sit blissfully on the sidelines while the declaratory judgment is decided. "

F15: Plaintiff (P) propounded interrogatories to Defendant (D). P believed the answers were insufficient or evasive. P filed a motion to compel. The judge granted the motion, giving D 15 days to supplement and completely respond with answers. D has failed to supplement and completely respond. A) What motion should P file? B) What orders may the court issue to penalize D for his failure?

"A. Motion for Contempt under Art. 1470/1471. B. The court may 1) order that matters regarding the interrogatories be taken to be established; 2) refuse to allow D to support or oppose designated claims or defenses, prohibiting him from introducing designated matters into evidence; 3) strike out pleadings or parts thereof, or stay further proceedings until the order is obeyed; 4) dismiss the action or proceeding or any part thereof; 5) render a default judgment against the D. And in addition to or in lieu of these orders, the court shall require D to pay the reasonable expenses, including attorney fees, caused by the failure unless the court finds that the failure was substantially justified or that other circumstances make such an award unjust. "

"J16, F13, J11: Client has informed you that Sister has petitioned Court to probate the testament of Deceased Mother (DM). Client wants to oppose the probate on the grounds of the invalidity of the testament. A. What pleadings or documents must you prepare in order to accomplish Client's desires? B. What must you state or allege in your document(s) to comply with the appropriate pleading requirements? C. How is the will contest resolved and who bears the burden of proof? F13: Omits part B. J16: Simply says What procedural steps, so combine a, b & c. "

"A. The proper pleading is an opposition to the petition for probate. B. The pleading must be in writing and state the name, surname, and domicile of the opponent; the interest of the opponent in filing the opposition; and the grounds for opposing the petition, i.e., the invalidity of the testament and the grounds of invalidity. C. A responsive pleading may be filed by Sister in summary proceeding. At a contradictory trial to probate the testament, Sister, the proponent, bear the burden of proving the authenticity of the testament and its compliance with all the formal requirements of law. "

"J12, J11: Company has approached you to take over the defense of a tort lawsuit that has been pending for six months. Company, the sole defendant, is a Louisiana corporation with its registered office located in Orleans Parish. The accident forming the basis of the lawsuit occurred in Jefferson Parish and all facts and expert witnesses reside there except Plaintiff. The suit was filed in Plaquemines Parish and Company's answer was filed five months ago, asserting no exceptions. Upon reviewing the file, you determine the suit is pending in the wrong venue. A. What steps, if any, can you take to contest the venue in which the suit is not pending? B. What steps, if any, can you take to change the venue in which the suit is now pending? Explain. J15: Allen, Sabine & Calcasieu Parishes J16: Sabine, Desoto & Vernon Parishes Does the fact that the P is domiciled in Sabine Parish preclude a change in venue? Explain. "

"A. Unfortunately, there are no steps that can be taken to contest venue at this point. A declinatory exception of improper venue must have be filed with the answer in order to have not been waived. The facts indicate that it was not part of Company's answer and thus has been waived. B. There is a possibility to file a motion to transfer on the basis of forum non conveniens. A court may transfer a case to another district court where it might have been brought for the convenience of the parties and witnesses and in the interest of justice. Here, the case could have been brought in Orleans Parish (because Company's registered office) or in Jefferson Parish (because of where the tort occurred). Jefferson Parish, it seems from the facts, would be more convenient to the witnesses, both fact and expert, as they all reside there. The exception to transfer on forum for non conveniens is if the case was properly filed in the plaintiff's domicile, which while Plaquemine parish is that location, it was not a proper venue for the suit in the first place. See the exception above, Sabine still isn't proper venue. "

F13: Identify four types of discovery that a party is authorized to conduct under the LCCP.

"Four available types of discovery include: 1) requests for production of documents; 2) interrogatories; 3) depositions; and 4) requests for admissions."

"F11: Client brings you a partition lawsuit in which she has been named defendant with approximately 10 other defendants. In discussing the underlying facts, Client explains to you that she also believes that she has a claim against one of her ten co-defendants for a timber trespass occurring on a different but adjacent parcel of land that she solely owns. She asks you whether she can assert that Timber trespass claim against her co-defendant in this lawsuit. What do you tell her? Explain your answer in detail. J13, J11: Alternative: Client brings you a partition lawsuit in which she has been named defendant with approximately 5 other defendants. In discussing the underlying facts, Client explains to you that she also believes that she has a claim against the plaintiff for a timber trespass occurring on a different but adjacent parcel of land that she solely owns. She asks you whether she can assert that Timber trespass claim against the plaintiff in this lawsuit. What do you tell her? Explain your answer in detail. "

"I'd explain to my client that she likely cannot bring the action against one of her co-defendants in this partition action because a big requirement for a cross-claim against a co-defendant is that her demand of the co-defendant arise out of the same transaction or occurrence that is the subject matter of the original action. There is no evidence that her timber trespass claim arises out of the same action as the partition lawsuit, therefore, she will have to file that claim in a separate civil action. In this case, yes, Client can bring this demand against the Plaintiff as a valid reconventional demand. Unlike cross-claims, reconventional demands do not have to arise out of the same transaction or subject matter of the original action and to speed up the ability to obtain judicial action, a defendant may assert as reconventional demands any claims they have against the Plaintiff as long as the use the same form of proceeding. "

"J17, F13, J12, F11, F10: During the course of gathering and reviewing documents to respond to your opponent's discovery requests, you discover numerous pre-lawsuit emails between non-lawyer upper level management employees of your client in which they discuss possible strategies and other issues that may arise in the event of litigation. Are these pre-lawsuit emails by non-lawyer employees of your client subject to production? Please explain the basis for your answer. J17: 2) Company decided not to produce the pre-lawsuit emails. How should company respond to the document request as to the pre-lawsuit emails? "

"No. The e-mails are qualifiedly privileged and exempt from discovery under La. Code of Civ. Proc. art. 1424 as work product. Writings prepared by a party in anticipation of litigation, are not discoverable unless denial will cause unfair prejudice, undue hardship or injustice to the party seeking discovery. These e-mails meet the definition of work product since they were prepared by upper level employees of a party discussing litigation strategies. 2) Company should respond to the request for production by written objection asserting the work product privilege as the basis for refusing to provide the emails. The written objection must be served upon the requesting party within 30 days of service of the request. "

"F18, J17, J15, F14: Owner's attorney wants to know if AE's training program for apprentice electricians, hiring requirements for newly employed electricians, and supervision policies for apprentice electricians sent into the field to do electrical work. Owner's policies attorney does not know which AE officials would be most likely to have knowledge on these subjects. What action, if any, can Owner's attorney take to obtain the depositions of these officials without knowing their identities? F18, J17, J14: in P & O suit. Adds: B) What must O do to comply with this action? "

"Owner's attorney may take the deposition of an organization by naming AAA Electric in the deposition notice and designating the matters listed in the question as the matters on which they would like to depose a representative AAA. AAA will then be required to designate one or more persons on its behalf to appear at the deposition and answer under oath the questions posed by Owner's attorney. This is commonly referred to as a "1442 deposition." B) O would then have to designate the appropriate officers or persons to testify. "

F13, J12, F12, J10, F10: You are representing defendant insurance company in an action brought against it by its insured. After three days of a bench trial, the plaintiff insured has rested her case. You believe that the plaintiff insured has failed to offer evidence needed to establish her cause of action. What, if anything, can you do now to try to secure an immediate ruling in favor of your client? What is the legal standard that you must establish to prevail?

"Since this is a bench trial, at the close of plaintiff's case, I can make a motion for an involuntary dismissal on the ground that upon the facts and law, plaintiff has shown no right to relief. The standard for granting defendant's motion requires the court to evaluate the evidence in a neutral manner without applying any special inferences in favor of plaintiff and then determining whether plaintiff proved his case by a preponderance of the evidence. "

"F18, J17, F17, F16, J15, F15, J14, F14, J13, J12, F12, J11, F11, J10, F10: When a lawyer signs a pleading filed for a client, what does the lawyer certify personally, if anything, pursuant to CCP art. 863? J16: A lawyer's signature on a pleading filed for a client constitutes the lawyer's certification of what statements? "

"The lawyer is certifying that the petition is: 1) not being presented for any improper purpose such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; 2) that each claim, defense or other legal assertion is warranted by existing law or by a nonfrivolous argument for extension, modification or reversal of existing law; 3) that each allegation or assertion has evidentiary support or is likely to have evidentiary support; and 4) that each denial is warranted by the evidence or reasonably based on a lack of information or belief. "

F13, F12: Identify the three different kinds of exceptions and explain the general purpose or function of each kind.

"The three types of exceptions are peremptory, declinatory, and dilatory. Peremptory stops the action and essentially serves to get the case dismissed or to extinguish the action, much like the passage of preemptive period extinguishes a right. This exception includes things like prescription, peremption, lack of subject matter jurisdiction, no right of action; all things that basically end an action. Declinatory exceptions essentially decline the jurisdiction of the action. These are things that can be cured and allow the action to move forward, but that the party making the exception declines to let the action move forward until they are remedied. Dilatory exceptions slow the action down. Maybe there needs to be discussion or an opportunity for an amicable demand, this exception slows down the action until certain remedies to possibly avoid the action can be explored. "

F10: You represent the tutor of two minor children. The tutor advises that the two minor children are co-owners of 100 acres of immovable timber property in Claiborne Parish. The two minor children have a combined ownership of 40% in the immovable property (20% each), while the remaining 60% is owned by others. The other property owners have secured an offer from a third party to purchase the entire 100-acre tract. Although the minor children are not in need of money, the tutor believes that the amount offered for the 100-acre tract is fair and above the market value of the property. What steps, if any, must the tutor take in order to allow the minor children to sell their interest in the property?

"The tutor must file a petition setting forth: 1) a description of the property, the price and conditions of the proposed sale and the reasons which make it advantageous to the minor to sell at a private sale; 2) the tutor's recommendation that sale be approved because of the above-market-value proposed sale price; and 3) the written concurrence of the undertutor. The court may require evidence prior to approval. If the undertutor does not concur, the tutor would have to rule the undertutor into court to show cause why the recommendation should not be approved. (4271, 4341) Since this matter involves sale of the minors' immovable, the court may require the tutor to furnish additional security in an amount fixed by the court. (4304) "

F17, J15, J14, F14, J13, J11: You represent the plaintiff and are deposing a key employee of the defendant in a contract dispute. As you proceed with your questioning, you notice that defense counsel continues to make lengthy objections which you believe are providing guidance and instructions to the deponent as to how to answer the questions. Are such objections appropriate under LA CCP? Explain why or why not. What remedies are available if the objections go beyond those permitted under the LA CCP?

"These objections are not appropriate because the LACCP requires that any objection during a deposition shall be stated concisely and in a non-argumentative, non-suggestive manner. While defense counsel is certainly free to make objections, it is improper to unduly instruct the witness as to how to answer the question during the course of these objections. In fact, the only objections defense counsel has to make are those which pertain to errors which could be cured if the objections were promptly made at the deposition, such as the form of the question. If the objections have just really become a problem, I can make the judge aware of the actions of the defendant's counsel and the court has the power to punish him for contempt. Usually the threat of a phone call to the judge is enough to get this behavior under control. "

"J16, F12: You represent Plaintiff in a lawsuit against multiple defendants. One defendant files a res judicata exception, which is granted by the court, dismissing that defendant from the lawsuit. On January 25, 2012, you receive by mail a notice of judgment dated and mailed on January 19, 2012, enclosing a copy of the formal judgment signed on January 16, 2012 granting the exception and dismissing the defendant with prejudice from the lawsuit. The formal judgment bears no designation of any kind by the Court. Plaintiff asks you whether this dismissal may be appealed now and, if so, what deadlines exist for filing the appeal. Explain your answer in detail. Do the calculations from January 18. "

"This is a partial final judgment since it dismisses only one of the defendants to the suit without dismissing the others. When a court dismisses one party from the suit, as in this case, a final judgment can be rendered and signed by the court without an express designation by the court that it is an appealable final judgment. The delay to file the appeal would begin to run from the date of mailing of the notice of judgment — January 19, 2012. A suspensive or devolutive appeal must be taken within 30 or 60 days, respectively, of the time for filing a motion for a new trial or JNOV, which, in turn, is within seven days, exclusive of holidays, of mailing of notice of signing of judgment. "

F10: You represent the owner of a commercial building who contacts you regarding a problem tenant. The tenant is a large law firm that recently split up, and the building owner is concerned that the various departing factions of the former firm will leave the building without paying the rent owed by the firm for the remainder of the year. Several attorneys from the tenant firm have already departed and moved to a different location, bringing various equipment and furnishings with them. What steps, if any, can the building owner take to secure payment of the rental obligation? If something can be done, explain what specific pleadings you must file on behalf of the building owner, and what security, if any, is required.

"To secure the payment of rent arising from the lease, building owner, as lessor, has a privilege on the lessee's movables that are found in or upon the leased property. (2707) Since owner has a lessor's privilege over the remaining furnishings and equipment of tenant and it is within the power of tenant to conceal, dispose of or remove the property from the parish, during the pendency of an action to recover unpaid rent, owner may seek a writ of sequestration. (3571) Since some of tenant's property subject to the privilege has already been removed by tenant, owner may obtain the writ of sequestration even before the remaining rent is due because building owner has good reason to believe that lessee will remove the property. (3572) No security is required to enforce a lessor's privilege. (3575) "

F17, J15, J11: Defendant answers Plaintiff's petition, requesting a trial by jury. Nine months after the answer was filed, Defendant files a motion to withdraw its request for trial by jury, which is granted. May Plaintiff now file a request for trial by jury despite the fact that she had not requested a jury trial in her original petition and, if so, what deadlines, if any, exist? Explain briefly.

"Yes, Plaintiff may file a request to have a jury trial within 10 days of the motion to withdraw its jury demand. J15: Since it has only been 1 week since Company's withdrawal of its jury request, a jury trial request by P would still be timely. "

"F12, F10: Plaintiff filed suit against defendant for breach of contract. In its answer, defendant filed a general denial to the petition allegations, but asserted no affirmative defenses. Defendant later asserted a reconventional demand against Plaintiff in which defendant alleged that the contract that forms the basis for the lawsuit lacked consideration and was the result of error or mistake. At the trial of the matter, defense counsel seeks to introduce evidence relating to the issues of failure of consideration and error or mistake when she is met by the objection of plaintiff's counsel, who correctly states that failure of consideration and error are affirmative defenses that were not specifically pled in the answer of the defendant. Should the defendant be allowed to introduce evidence of failure of consideration and error or mistake? Why or why not? Please explain your answer. J10 Alternative: Plaintiff filed suit against defendant for breach of contract. In its answer, defendant filed a general denial to the petition allegations, but asserted no affirmative defenses. At the trial of the matter, defense counsel seeks to introduce evidence relating to the issues of failure of consideration and error or mistake. Plaintiff objects to the introduction of such evidence as immaterial and irrelevant. You are the Judge. In whose favor do you rule and why? Answer: I would sustain plaintiff's objections. Failure of consideration and error and mistake are affirmative defenses which must be raised in the answer. When a defendant fails to do so, he is prohibited from offering evidence in support of those defenses. "

"Yes. There are several reasons that occur in favor of allowing defendant to introduce evidence on the issues of failure of consideration and error or mistake. First, while these are affirmative defenses to a breach of contract action which must be pled in the answer under penalty of waiver, defendant did raise these in the reconventional demand. Plaintiff failed to timely object, which could have been done by motion or exception, in response to defendant's reconventional demand. Plaintiff's failure to timely object could be deemed a waiver of its right to oppose defendant's belated assertion of these affirmative defenses through the improper vehicle of a reconventional demand. Plaintiff should not have waited until trial of the reconventional demand to voice its objection. Secondly, since plaintiff had been apprised of defendant's intent to introduce evidence of failure of consideration and error or mistake in the context of defendant's reconventional demand relatively early in the litigation, plaintiff cannot claim surprise at trial and the resultant prejudice to its case. One of the primary reasons for requiring affirmative defenses to be pled in the answer is to avoid surprise to the plaintiff at trial, a circumstance which plaintiff cannot assert here. Thirdly, the court can treat an affirmative defense as such if it was ""mistakenly"" designated as an incidental demand. (1005) However, this most likely applies if the incidental demand was filed timely with the answer, not after the answer, as was the reconventional demand in this case. Moreover, the facts do not state or imply whether this was a mistake on defendant's part, as opposed to an effort to correct the failure to plead these defenses in his answer. Nonetheless, it is probably within the court's discretion here to allow evidence on these affirmative defenses. The key considerations in exercising this discretion would be whether the court views defendant's assertion of the defenses in a reconventional demand as an effort to circumvent the requirement that such defenses be pleaded in the answer; and whether any surprise and prejudice to plaintiffs case results. On balance, for the reasons stated above, there is no element of surprise, unfairness or prejudice to plaintiff under these circumstances; and thus the court may properly allow evidence to be introduced. "

"F16 4.2: Believing that a jury verdict in favor of P was contrary to the law and contrary to the evidence, D timely filed a motion for a new trial on the ground the verdict was contrary to evidence. D also timely filed a motion for JNOV on the ground that the evidence was insufficient as a matter of law. a) What are the standards that the judge should use in analyzing the jury's verdict in order to determine the availability of a new trial? b) What are the standards that the judge should use in analyzing the jury's verdict in order to determine the availability of a judgment notwithstanding the verdict? "

"a) The standard for granting a new trial motion based on the insufficiency of the evidence as a matter of law is whether the verdict is clearly contrary to the law and evidence. In deciding the motion the trial judge may evaluate the evidence without favoring either party and may draw his/her own inferences and conclusions and independently evaluate the credibility of the witnesses. b) The standard for granting a JNOV is after considering the evidence in the light most favorable to the non-moving party, if the facts and inferences so strongly and overwhelmingly favor one party that reasonable persons could not reach a contrary result, the court should grant the motion. However, if there is substantial evidence of such quality and weight that reasonable persons might reach a different conclusion, the motion should be denied. "

F14: 2.10: After depositions of P and D, it appears that fault for the rear-end collision is not at issue. A) What motion can P's lawyer bring to have the judge decide in advance of the trial that D and O are liable for the accident? B) What should be submitted with that motion? C) What is the deadline by which the court should render its judgment on this motion?

(A) A motion for partial summary judgment adjudging D and 0 liable for the accident. (B) Plaintiff must file supporting affidavits and memorandum along with the motion. The affidavits must be made by competent affiants, on personal knowledge, attesting to facts admissible at trial. (C) The court must render the judgment within a reasonable time, but no later than 10 days prior to trial.

F10: Which of the following is NOT a reason that a court would be required to deny the consolidation of two separate actions for trial:

1. It would cause jury confusion. 2. It would give one party an undue advantage. 3. It would lengthen the time required for trial. 4. It would prevent a fair and impartial trial. 5. It would cause prejudice to any party. Answer: 3

F10: Which of the following are NOT a mandatory ground for recusal of a judge from a particular case: F17: What are the mandatory grounds for recusal of a judge from a particular case. (all correct except 2.)

1. The judge's spouse, parent, child, or immediate family member is a party or attorney employed in the cause; 2. 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; 3. The judge is a witness in the cause; or 4. 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. 5. The judge has been employed or consulted as an attorney in the cause or has been associated with an attorney during the latter's employment in the cause, and the judge participated in representation.

F10: Which of the following is NOT a basis for which a juror must be excused pursuant to a challenge for cause:

1. 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; 2. When the juror served on a previous jury which tried a case containing issues similar to the case you are presenting; 3. When the juror refuses to answer a question on the ground that his answer might intend to incriminate him; or 4. When the juror has formed an opinion in the case or is not otherwise impartial. Answer: 2

J12, F10: Please succinctly describe the requirements for a detailed descriptive list of succession property.

A detailed descriptive list must (1) be sworn to and subscribed by the person filing it, (2) show the location of all items of succession property and (3) set forth the fair market value of each item as of the date of the death of the deceased.

F15: Plaintiff (P) served Defendant (D) with Requests for Admission of Facts. D denied the facts. P believes the facts are discoverable, are not privileged and relate to the defense of D. At the trial, P proved those facts, incurring expenses for witnesses and attorney's fees and court costs. A) What motion may P file against D to recover those expenses, fees and court cost? B) What are the four possible defense of D, each of which would defeat P's motion?

A. Motion for an Order Requiring the Payment of Fees under Art. 1472. B. D may claim: 1) the request was held objectionable under 1467; 2) the admission sought was of no substantial importance; 3) that D had reasonable ground to believe he might prevail on the matter; 4) there was other good reason to fail to admit.

"F17, F15: The case came to trial on Monday, December 1. The jury returned a verdict in favor of P and against D and O on Thursday, December 4. The judge instructed P to prepare and furnish to D and O a proposed judgment based upon the jury's verdict. P complied, but D and O had objections to the judgment. The judge held a conference in chambers on December 29, and prepared a judgment of his own, to which all parties had objections. The judge then entered his courtroom and in the presence of the lawyers for the parities, announced his judgment, signed the one prepared by him, and handed it to the deputy clerk of court for filing. The court acknowledged that all parties had objections to the judgment and counsel stated those objections on the record. The clerk mailed notice of the signing of the judgment to counsel of record for each party on Friday, Jan. 2. There have been no legal holidays since Jan. 1, other than Saturdays and Sundays. A. What is the last date on which D and O can apply for a new trial or JNOV? B. Assuming that D and O make no applications for new trial or JNOV, how many days and from what date to D and O have to file for a suspensive appeal? C. How many days and from what date do D and O have to file the suspensive appeal bond? D. How many days and from what date to D and O have to file for a devolutive appeal? E. If on January 20, D and O applied for a JNOV and it was denied on January 23, what is the last date for D and O to file for a devolutive appeal? F. P filed no post-judgment motions but wants to preserve his rights to have the court of appeal consider his objections to the judgment. D and O have perfected their suspensive appeal and the record has been lodged with the court of appeal. What must P file and when? "

A. The date for applying for JNOV is seven days, exclusive of holidays from the date of the mailing of the notice of the signing of judgment. If the notice was mailed on Friday, Jan. 2, you skip Saturday, Sunday, and start (1) Monday (1/5); (2) Tuesday (1/6); (3) Wednesday (1/7); (4) Thursday (1/8); (5) Friday (1/9); skip Saturday and Sunday again, then (6) Monday (1/12); (7) Tuesday, (1/13). The answer is by close of business Tuesday, January 13. B. They have 30 days from the date of the lapse of the time to file for a JNOV/new trial, which as indicated above was Tuesday, Jan. 13. Therefore, the suspensive appeal must be taken within thirty days, starting January 14. C. The suspensive appeal bond must be furnished within the same time delay for taking a suspensive appeal which, as mentioned above, would be thirty days from January 13, starting on January 14. D. They have 60 days from the lapse of the time to file for a JNOV/new trial, which as indicated above is Tuesday, January 13, starting on January 14. E. Sixty days, starting on January 14. Filing a JNOV after the time given by the court does not affect the time within which to file an appeal. F. Since P wants to have the judgment modified or revised, he must file an answer to D's and O's appeal within 15 days from the later of the return day of lodging of the record of appeal.

F14, J13, F10: Plaintiff files suit against Andy and Bob, seeking to recover a $75,000 cash loan. You represent Andy and Bob who believe the transaction at issue is between Plaintiff and their wholly owned company, AB Corp., and that they do not have individual responsibility or liability in the matter. You examine the loan documents attached to Plaintiff's petition, which confirm Andy and Bob's explanation. Andy and Bob further advise you that, contrary to the allegations in Plaintiff's petition, Plaintiff actually owes AB Corp. $55,000. In addition to filing an answer on their behalf, Andy and Bob would like you to try to recover the amount owed to AB Corp. What can you file, if anything, to seek recovery of that amount from Plaintiff? Please explain in specific detail.

AB Corp., through its owners Andy and Bob, should intervene in the suit brought by plaintiff and join with Andy and Bob in opposing the claim asserted against them. Third patties such as AB Corp. may intervene in a lawsuit to enforce a right related to the pending suit, in this case to protect the company's owners from being held personally liable for a corporate debt. In addition, as a defendant (by way of intervention) in the principal action, AB Corp. should reconvene against plaintiff to assert its claim against plaintiff for payment of the $55,000 debt owed to AB Corp. AB Corp. 's claim in reconvention does not have to be related to plaintiffs claim against Andy and Bob in the main demand.