La Barbri Civil Procedure

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La Civ Pro - SMJ

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• Can’t be conferred by consent of parties
• City cts→ no J over tutorship/curatorship/emancipation/partition/etc…

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PJ

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→ 4 La to exercise PJ over non-resident-D, he must have certain minimum contacts w/La such that maintenance of the suit doesn’t offend traditional notions of fair play & substantial justice. Furthermore, D must have purposefully availed himself of the PV of conducting business in La.

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Venue

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(Objection to venue can’t be waived prior to institution of the action)

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Venue - General Rules

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• Indiv→ in this order: domicile/resides/agent’s address/P’s domicile…where service is made
• Domestic Corp & LLC→ parish of its registered office (foreign→ primary business office)
• Ins Co→ domestic: parish of registered office; foreign: EBR
• P’ship/other→ parish of principal business establishment

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Venue - Tested Waivable Exceptions

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• Modify child custody & support→ awarded person’s domicile/award rendered/award registered
• Action on K→ parish of performance/execution (PE)
• Class Action a/g class of Ds→ where proper as to any D (if P-class: where proper as to D)
• Actions re: successions→ ct where succession is pending

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Venue - Tested Non-Waivable Exception

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→ succession→ must be brought where decedent was domiciled

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Venue - Forum Non Conveniens

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→ even if proper, ct may transfer 2 another proper venue if necessary for convenience of parties & Ws & in interests of justice

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Cumulation of Actions

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→ single P a/g single D may cumulate 2+ actions based on different grounds IF:
• Each action is within ct’s J and brought in proper venue AND
• All actions are mutually consistent and employ the same form of procedure

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Joinder of Parties

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→ same 2 as above + there’s a community of interest (legal & factual issues) b/w the parties

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Lis Pendens

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→ If one’s in La ct while other’s pending in another state or fed ct→ La ct may stay proceeding in 2nd pending outcome of 1st (if multiple La cts, dismiss all but 1st or 1st JM’s conclusive of all)

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Abandonment

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→ dismissal if 3yrs pass w/o either party taking any “step”
• Effective w/o formal order, but may get form. order by ex parte motion of party or aff of interested person

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Class Action

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→ 1+ members of class may sue/be sued as reps IF: numerosity, commonality, typicality, reps will adequately & fairly protect class’s interest, & ct may define class objectively using ascertainable criteria

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Proper Plaintiffs

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→ if improper, file a dilatory exception of lack of procedural capacity
• Curator must sue on behalf of an interdict (unless suit is to end interdiction)
• Foreign corp doing biz in La can’t sue in La on intrastate (w/in La) transactions if it’s not licensed in La

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Substitution of Parties

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→ if party dies during suit, his legal successor may have himself substituted on ex parte motion. If succession under administration, substitute succession rep. O/w, heirs/legatees

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Atty Signature

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→ atty must sign all pleadings certifying that he read it and it is:
• reasonably well-grounded in fact
• warranted by existing law or GF argument for extension/modification/reversal of existing law AND
• not being brought to harass/delay or any other improper purpose

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Officer of ct

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→ Atty must (1) conduct himself w/decorum & in manner consistent w/ct’s dignity & authority (2) treat ct, its officers, jurors, Ws & opposing counsel w/due respect (3) not interrupt opposing counsel or impede orderly administration of justice & (4) not knowingly encourage/produce false E or make false representations or o/w deceive the ct

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Making Service

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→ Must request on all Ds w/in 90days of commencement of action
• Personal
• Domiciliary→ leave at dwelling w/person of suitable age & discretion who resides there
• Corps→ hierarchy: agent THEN personal on officer, director, employee of suitable age & discretion where corp reg conducts business THEN certify diligent effort to serve & serve Sec of State
• P’ships→ hierarchy: personal service on partner (if PIC, serve GP) THEN certify diligent effort to serve was made & serve any employee
• Unincorporated Associations→ hierarchy: agent THEN personal service on managing official THEN on any member
• If no service requested, dismissal w/o prejudice upon contradictory motion or sustaining declin exception
• Unless good cause shown why service couldn’t be requested
• If after 5days & a diligent effort, Sheriff is unable to make service, motion ct to appoint a private person (non-party, 18+, & resident) to make service

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D’s Answer

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→ w/in state, 15days after service (10 for city/parish cts); long-arm: 30days from filing affidavit
• May amend once w/in 10days of service. After which, need leave of ct or consent from adverse party.
• Must plead aff defenses (consideration, mitigation, negligence, compromise, fraud, mistake, illegality, etc)
• Otherwise may be precluded from offering at trial UNLESS wouldn’t prejudice/surprise P
• At trial, if P objects to E of an aff defense that wasn’t plead, D should move for leave to amend the answer to conform to E. Ct may allow amendment & shall do so freely when presentation of merits will be served thereby, & the objecting party fails to satisfy to ct that admission of such E would be prejudicial to him in maintaining his action on merits.
• Also, when issues not raised by the pleadings are tried by express/implied consent of the parties, they shall be treated in all respect as if they had been raised by the pleadings.

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Default JM Procedure

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→ P files petition & waits 15/30days for D to answer
• If D fails to answer, P gets Preliminary Default JM on 16th day
• Wait 2days (exclusive of holidays), then get confirmation of default JM (by proving prima facie case w/E)
• Default JM is then entered as final JM
• Note→ if domiciliary service of petition was made & no exceptions/answers filed, must either have personally or domiciliary service of the notice of default JM
• If D was personally served w/petition & no exceptions/answers were filed, only have to mail notice

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Exceptions to Petition

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→ 3 Types:
• Declinatory→ used to decline the J of the ct: (1) insufficiency of citation, (2) insufficiency of SoP, (3) lis pendens, (4) improper venue, lack of PJ, & lack of SMJ
• Dilatory→ interposed to delay progress of action due to objections to form of proceeding or for more info: prematurity, want of amicable demand, unauthorized use of a summary proceeding, nonconformity w/formalities of the petition, vagueness/ambiguity of petition, lack of procedural capacity, discussion, & improper cumulation of actions
• Peremptory→ used to defeat/dismiss action: prescription, res judicata, nonjoinder of a necessary party, no cause of action, no right of action
• D&D→ must raise prior to/w/answer or prior to confirmation of default JM & not later than any other D&D exceptions. (except SMJ & non-waivable venue)
• Peremptory→ may be plead at any time in either trial/app ct prior to submission of case for decision
• When any of 3 are filed b/4 or w/answer, they must be tried & decided in advance of trial

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Incidental Demands

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→ not barred by Rx if (1) it wasn’t barred when main demand was filed & (2) it’s filed w/in 90days of service of main demand (3dPD→ 90days of service of 3dP demand)

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Incidental Demands - Reconventional

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→ D may assert any cause of action a/g P, even if not related (compulsory if T/O)

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Incidental Demands - Cross-Claims

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→ assert a/g co-party if same T/O that’s subject matter of original action or rec demand

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Incidental Demands - Intervention

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→ 3dP may intervene to enforce right related to claim by joining w/P/D or opposing both

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Incidental Demands - 3dP Demand

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→ D may bring in 3dPD who’s liable to him in indemnity/contribution for principal demand

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MSJ

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→ no genuine issue of mat’l fact & mover’s entitled to JM as a matter of law (file MSJ + attach affs/Ks/E)
• BoP→ on Mover, unless he won’t bear burden at trial, then only has to show lack of E for at least 1 element of claim. After which, burden shifts to non-moving party to show can satisfy burden at trial
• Affidavit Reqs→ competent affiant, personal knowledge, AND facts admissible at trial

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Motion for JM on the Pleadings

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→ ct looks only at pleadings themselves & considers all mover’s undenied allegations & all opponent’s allegations as true. May be used by any party after answer is filed

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3dP Witness

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→ if resides/works in La, can subpoena to attend trial/hearing anywhere in La. Subpoenaing party must pay expenses for 3dPWs living outside parish or more than 25 miles from cthouse
• $25/day; $5/day for hotels & meals; 20 cents per mile for travel expenses
• If want W to bring docs/intangible things, must serve subpoena duces tecum
• Also this if just want ct to compel 3dPW to produce docs w/o attending trial/depo
• If 3dPW doesn’t comply, file motion 4 contempt. Request 3dPW be adjudged in contempt of the ct which issued the subpoena & be ordered to produce records. Unless 3dPW has reasonable excuse, ct may order 3dPW 2 be attached & brought 2 ct immediately or on designated day w/requested docs

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Discovery

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→ any matter not PVed, that’s relevant to sub matter of action.
• Even if inadmissible at trial, discoverable if reasonably calculated to lead to discovery of admissible E

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Place of Depos

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→ if W consents, may take any where.
• If doesn’t consent & W not a resident→ must be taken according to laws of foreign state
➢ Provide reasonable notice of depo to all parties, & apply in foreign J for issuance of letters rogatory compelling W to testify.
• But, if non-resident W is temporarily in state, may take in parish where served or where ct orders
• Also, if W’s willing 2 testify, but doesn’t want 2 travel, may take depo by phone if all parties agree

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Depo Objections

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• Objections during Depos→ must state concisely, non-argumentatively, & non-suggestively
• Obj will be noted for record and E will be taken subject to obj.
• Unless stipulated otherwise, all objs are considered reserved till trial or other use of depo
• Objs that could cure problem (form/responsiveness) are waived if not made during Qing
• Other objs (such as relevancy) aren’t waived

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Motion to Terminate Depo

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→ party/deponent may move to terminate depo upon showing that it’s being conducted in BF or to annoy/embarrass him. Ct may terminate the depo or limit scope & manner of taking depo pursuant to a protective order. If terminated, must have ct order to resume.

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Deposing an Atty

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→ No atty of record may be deposed except under extraordinary circumstances & then only by ct order a/f a contradictory hearing

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Deposing an Organization

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→ file a notice of depo naming organization as deponent & setting forth matters on which examination is requested. Organization must then designate 1+ officers or other persons to testify as to matters know or reasonably available to corp

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Using Depo at Trial

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• Depo of a W (even if W is a party) may be used in any way at trial if W: (1) dies or is unavailable (2) lives 100 miles from cthouse or (3) for other exceptional circumstances
• Depo of expert may be used for any purpose a/f giving other atty 10days to object

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Interrogatories

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→ if answers can be found in business records, may specify where answer may be found (if burden similar for both parties) and make records available instead of providing written answers

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Request 4 Prod of Docs/Things or Entry Upon Land

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→ may specify form in which info is to be produced, the premises to be inspected, & a time, place, & manner for inspection
• Party may comply w/form request or supply docs as they are kept in usual course of business
• Must respond w/in 15days

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Physical/Mental Exam

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→ Must be at issue. Must give copy of exam to other parties, if requested
• If examined party requests copy, waives all Dr.PV pertaining to condition (not just that exam)
• Compelling party may request examined party turn over all exams he has re: condition

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Request for Admissions

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→ if don’t answer w/in 15days, matter is considered conclusively proved

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Work Product

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→ atty/party’s writings prepared in anticipation of litigation aren’t discoverable UNLESS:
• Denial would unfairly prejudice other party and cause undue hardship or injustice
• Applies only to writing or electronically stored info (not videos or other intangibles)

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Protective Order

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→ protect party a/g annoyance/embarrassment/burden by prohibiting/limiting discovery

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Duty to Supplement

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→ no duty if complete when made EXCEPT (1) any Q re: identity & location of persons w/knowledge of discoverable matters OR expert Ws & the subject of their testimony (2) info that renders previous response incorrect & (3) by ct order or agreement of the parties

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Experts Retained but not Intended for Use at Trial

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→ may discover facts if (1) he’s an examining physician OR (2) upon a showing of exceptional circumstances

Front 44

Motion for JM on Offer of JM

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→ at least 30days b/4 trial, may serve written offer of JM to settle all claims
• If P wishes to accept, he should do so w/in 10days a/f service of offer by providing written notice of acceptance. Once done, either party can move for JM on the offer & ct shall grant such JM.
• To reject, simply don’t respond w/in 10days of service, a/f which offer will be deemed w/drawn & E of it will not be admissible, except in a proceeding to determine costs.
• If P refuses D’s offer & trail award is 25% less→ P pays costs incurring a/f offer was made (not atty fees)

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Trial Consolidation

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→ a/f contradictory hearing, may do so if pending in same ct & com issues of fact & law
• UNLESS→ jury confusion, prevent fair & impartial trial, undue advantage, or prejudice

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Separate Trials

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→ w/consent of parties, ct can separately try issues of liability & damages IF it will simplify proceedings, permit orderly disposition of case, or otherwise be in the interest of justice

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Continuance of Trial

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→ may be granted for good cause & must be granted IF party’s unable to obtain mat’l E OR mat’l W is absent w/o contrivance of requesting party
• Adverse party may prevent this by requiring requesting party to disclose under oath the expected testimony of absent W AND admitting W would so testify.

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Involuntary Dismissal

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→ in an action tried by judge, D may move for involuntary dismissal a/f close of P’s case on grounds that upon facts & law, P has shown no right to relief. If motion is denied, D may still offer E

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Right to Jury Trial

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→ in all cases EXCEPT (1) no P’s claim exceeds $50,000 excluding interests & costs, proceeding to review action by administrative/municipal body, (3) suits a/g political subdivision (i.e. city, municipality) (may have jury trial a/g state), (4) etc…
• If right to jury trial exists a/g D1 but not a/g D2, entitled to jury trial a/g D1 & the action a/g D1 will be bifurcated w/the non-jury trial required a/g D2

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Jury Request

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→ demand w/in 10days of filing of pleading raising issue triable by jury OR granting other party’s motion to w/draw jury demand

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Challenges 4 Cause

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→ lacks legal qualification (18, US & La resident, read & write, no felony convictions), biased (impartial/related), served on previous jury that tried similar case, refuses to answer incriminating Q
• May make challenge for cause up to taking of E

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Peremptory Challenges (how many?)

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→ 12 jurors: each side gets 6; 6 jurors: each side gets 3
• Can’t make a peremptory challenge a/f jury has been accepted & sworn
➢ If during voir dire, a prospective juror gives a response that’s prejudicial to a party→ (1) use a challenge for cause & state grounds (2) request judge to issue a curative instruction to other prospective jurors to disregard comment & (3) if judge seeks to rehabilitate prospective juror & concludes he has been rehabilitated, use a peremptory challenge to strike prospective juror

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How many jurors must concur to render a verdict?

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→ 12 jurors: need 9; 6 jurors: need 5

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Jury Instructions

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→ a/f trial of the case & presentation of all E & arguments, ct must instruct jury on law applicable to cause. Ct must reduce there instructions to writing & inform jury that it may have a copy of all instructions, changes, & object/doc received into E if necessary for jury to reach a verdict.
• P/D can’t assign jury instructions as error unless he objects thereto either b/4 jury retires or immediately thereafter, stating specifically the matter to which you object & the grounds therefore.
• If P/D objects prior to the time the jury retires, he will be given an opportunity to make the objection out of the hearing of the jury

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JNOV

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→ a/f considering all E in light most favorable to nonmoving party, E points so strongly & overwhelmingly in favor of 1 party that reasonable men couldn’t reach a different conclusion
• Must move w/in 7days, excluding holidays, from mailing of notice of signing of JM

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Motion 4 Remittitur & Additur

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→ Judge can request P & D consent to change in damages as opposed to having a new trial when (1) quantum issue is separable from other issues (2) the verdict is clearly contrary to the weight of the E & (3) a new trial could be granted on that basis alone

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Declaratory JM

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→ type of final JM; determine rights b4 a K is breached. Can’t prej person not made parties.

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Partial Final JMs

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→ if motion dismisses a party, it’s a partial final JM & immediately appealable even if ct expressly designates that it’s appealable. If motion dismisses only 1 of party’s claims, it’s not a final JM & not immediately appealable UNLESS ct designates it as final & makes an express determination that there’s no just reason for delay

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Findings & Reason

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→ in all appealable contested cases, other than jury trials, ct shall provide written findings of fact & reasons for JM if requested by party w/in 10days of mailing of notice of signing of JM

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Amending Final JMs

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→ can’t amend except: 4 calculation/to alter phraseology (file mot to amend at any time)

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Motion 4 New Trial

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→ on contradictory motion of either party or ct on its own motion, new trial may be granted for good grounds & must be granted if (1) verdict is clearly contrary to law & E (3) new E is discovered that couldn’t have been previously discovered w/due diligence or (4) juror has been bribed/compromised
• Must move w/in 7days, excluding holidays, from mailing/service of notice of signing of JM
• May move 4 new trial on all or part of the issues (ex: new trial just on liability not damages)
• Judge is free to evaluate E w/o favoring either party, draw his own inferences & conclusions, & evaluate the credibility of the Ws

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Action of Nullity

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→ may be annulled for vices of form or substance
• Form→ at any time if rendered a/g one not properly served, unrepresented incompetent, lack of SMJ, etc
• Substance→ if obtained by fraud or ill practices under circumstances indicating (1) the deprivation of client’s legal rights & (2) enforcement of the JM would be unconscionable & inequitable

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Devolutive & Suspensive Appeals

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→ must be taken w/in 60/30days of expiration of 7 day delay for applying for new trial or JNOV OR denial of timely filed motion for new trial or JNOV is entered
• Appellee doesn’t have 2 answer appeal unless he desires damages, modification, or reversal
• Must post bond 4 suspensive appeal. Ct shall fix security sufficient to assure satisfaction of JM + damages 4 delay resulting from appeal. For good cause, ct may order bond amount up to 150% of JM.

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Testing Sufficiency & Validity of Bond

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→ any person in interest may do so by requiring furnishing party to come to ct & show cause why bond shouldn’t be decreed insufficient/invalid & why particular proceeding for which bond was furnished shouldn’t be set aside. Venue is proper in the ct where bond was fixed.
• If bond is deemed insufficient, party may furnish new bond w/new surety w/in 4days
• If does so, proceeding 4 which bond was furnished won’t be set aside

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Application 4 Rehearing of App Ct JM

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→ must apply w/in 14days of mailing of notice of JM and opinion
• Can apply for writ of cert w/in 30days of mailing of notice of JM and opinion

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Appeal of Preliminary Injunction & Bond

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→ must be filed w/in 15days of order

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Procedure 4 execution of $JM

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→ after time 4 taking suspensive appeal has run:
• File for writ of fifa directing Sheriff to seize & sell D’s prop & w/in 1yr of writ’s issuance, Sheriff:
• Seizes D’s prop & serves written notice of seizure on D & occupants via personal/domiciliary service AND
• Files notice of seizure in mortgage records & sends Mennonite notice to all who have requested it
• Property is sold at public auction, notice of which must published in newspaper:
• movables→ 10 days b/4 sale; IMMs→ 2 ads: 30days & 7days b/4 sale
• Prop must bring 2/3 appraised value, otherwise must re-advertise and hold another auction
• 2nd auction→ may be sold 4 any price UNLESS bid price not enough to pay Sheriff fees & superior Cs
• Once prop is sold, Sherriff distributes funds (higher Cs 1st) and gives JMD anything remaining.

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Procedure for Garnishment

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→ file & writ of fifa in parish where garnishee may be sued & then file petition for garnishment & interrogatories. Serve citation, petition, interrogatories, & notice of seizure on garnishee
• Garnishee has 15days to answer. If admits he has prop or is indebted to JMD, ct orders garnishment
• Failure to answer is prima facie proof that he has JMD’s property or in indebted to JMD
• Also could file a motion to take the depo of any 3dP who may have knowledge/info re: JMD’s assets

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Execution of Foreign JM

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→ Can seek recognition of it by ordinary process (file petition & annex copy of foreign JM), but it’s quicker to use the Enforcement of Foreign JM Act, which requires that you (1) annex authenticated copy of foreign JM to ex parte petition (2) file affidavit of last known address of JMD & JMC (3) clerk sends notice to JMD & (4) 30days a/f mailing, you may execute the foreign JM.

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Examination of JMD

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→ File motion in ct that rendered JM. May request JMD bring financial records
• Ct will order JMD appear in ct w/records not less than 5days from date of service on JMD/atty
• JMD appears, is Qed under oath, & pays costs associated w/examination (unless exam was unnecessary)

Front 71

Execution of JM other than $JM

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→ writ of possession/distringas or specific performance
• Writ of Distringas→ if JM orders delivery of thing that Sheriff can’t seize b/c JMD’s concealing/removing it from J of ct or JM orders JMD to do/refrain from doing an act & JMD refuses/neglects to comply, ct may (1) Distrain JMD’s prop (2) hold JMD in contempt OR (3) award damages to JMC
• Specific Performance→ if D fails to comply, ct may direct sheriff/another person to do the act at D’s cost

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Executory Process

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→ must have mortgage/PV executed by authentic act or UCC9 sec agreement containing a confession of JM clause
• Procedure→ file petition praying for seizure and sale and include E of confession of JM
• Venue→ parish where prop is located or JMD is domiciled
• To prevent sale a/f prop is seized, JMD may (1) get an injunction showing that debt was extinguished/unenforceable (no security is necessary under this ground) or proper executory process procedure wasn’t filed OR (2) file a suspensive appeal w/in 15days of signing order of writ of seizure
• Deficiency JM→ suit to collect balance due if proceeds from sale are insufficient to satisfy debt. Only available if prop was sold a/f an appraisal. Either convert executory proceedings into an ordinary proceeding or file a separate suit

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Concursus

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→ proceeding to bring 2+ persons having competing claims to $/prop & require them 2 assert them
• Every D is considered a P & disputed funds are placed in registry of ct, after which surety is relieved
• Petition must allege nature of conflicting claims & request that each D assert their respective claims contradictorily a/g all other parties to the proceeding
• Venue→ any proper parish under gen rules (except if involves IMM, parish where IMM located)

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Writ of Attachment

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→ file for if P claims interest in prop & D is concealing himself to avoid service OR alienates/encumbers prop giving 1 C an unfair PV or places it beyond reach of C(s) OR has left the state permanently or is able to do so b/4 a JM can be obtained & executed a/g him
• May get a writ of attachment a/g a non-resident who has no appointed agent for SoP

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Grounds 4 Injunction

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→ irreparable injury or loss/damage may otherwise result

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TRO

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→ applicant must show by verified petition or supporting affidavit that immediate/irreparable injury/loss/damage will result if TRO not granted b/4 the adverse party can be heard in opposition
• Atty must certify to ct the efforts made to give notice to opposition or reasons it shouldn’t be required

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Petitory Action

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→ P seeks JM of ownership. Reqs: P’s not in possession & D’s possessing/asserts ownership
• If D not in possession, must prove better title than D. Otherwise must prove title good a/g the world

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Possessory Action

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→ P’s possession is being disturbed. Must prove (1) quiet, uninterrupted possession for 1yr (2) a disturbance in fact (eviction) or law (execution) & (3) action is instituted w/in 1yr of disturbance

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Boundary Action

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→ action that fixes boundaries b/w land owners

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Notice of Lis Pendins

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→ type of lis pendens 4 actions pending in La state/fed ct re: title/mort/PV on IMM

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To compel cancellation of an improperly filed inscription

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→ bring mandamus action a/g the recorder of mortgages in the parish where the inscription is filed

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If ex parte probate of testament is challenged

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→ Opponent files motion in opposition 2 petition 4 probate, which must be (1) in writing (2) state name & domicile of opponent (3) his interest in opposing it & (4) grounds 4 testament’s invalidity. Contrad hearing is held & proponent must prove authenticity & validity.

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Videotaped testaments

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→ admissible as E of testator’s mental state/capacity if testator’s sworn oath is on it

Front 84

Administration of Successions

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→ if succession is sufficiently solvent, an heir/surviving spouse/legatee is entitled to periodic allowance for his maintenance if ct concludes it’s necessary & advances are w/in amount eventually due him. Compel payment by filing contrad motion a/g executor. Notice of the filing must be published once and state that any opposition must be filed within 10 days from the date of pub.
• Must publish notice of petition once stating that any opposition must be filed w/in 10days of date of pub
• Reqs for Det Des List for Success Prop: (1) Sworn to and subscribed by person filing it, (2) show location of all success prop, and (3) set forth FMV of each item at time of death

Front 85

102 Divorce

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→ file petition 4 divorce & verified affidavit, wait 180/365 days, file rule to show cause & affidavit
• E to establish right 2 divorce→ petition, all affidavits, rule to show cause, & all sheriff’s returns or waivers

Front 86

Procedure to become a Tutor

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→ (1) file petition in ct of proper venue (2) take oath (3) cause an inventory to be taken or a descriptive list to be prepared by a notary & (4) furnish security

Front 87

Removal of Tutor

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→ any interested party may file motion to remove 4 mismanagement of minor’s prop, etc…
• Must serve motion on tutor who’s then required to show cause why shouldn’t be removed.
• Acts prior to removal are still valid

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Interdiction Procedure

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→ file petition for interdiction & appointment of ___ as curator

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Eviction

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→ deliver written notice to vacate w/in 5days of delivery of notice. If doesn’t, serve rule to show cause to deliver premises, which is heard no earlier than 3rd day after service. If fails to vacate w/in 24hrs of JM, ct will issue warrant directing Sheriff to take possession (may break down door is necessary)
• Lessee gets no suspensive appeal unless he contested the rule and posted bond w/in 24hrs of eviction JM

Front 90

Partition of Prop b/w Co-owners

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→ bring ordinary proceeding where prop is located. Ct will partition in kind if prop is divisible by nature. O/w will partition by licitation (public auction)

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Probate Procedure

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→ (1) file petition for probate of the will in ct of competent J (2) submit w/petition E of the death of the deceased & all other facts necessary to establish J of ct (3) submit any doc in petitioner’s possession which purports to be a testament of the deceased, even though petitioner may believe it’s not a valid testament or has doubts re: its validity (4) a/f testament has been produced, ct shall order it to be presented 4 probate on a date & time assigned, at which time petition must produce all necessary Ws

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Small Succession

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→ not necessary to judicially open succession if (1) no IMM (2) estate is valued at $50,000 or less & (3) sole heirs are descendants, ascendants, or siblings.

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Simple Possession w/o Administration

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→ ct may send legatees into possession w/o administration of succession on their ex parte petition, when all legatees are either competent or acting through their qualified legal rep. Person named as executor in the testament shall join in petition, & allegations of petition shall be verified by affidavit of at least one of the petitioners