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90 Cards in this Set

  • Front
  • Back
Parish, city and justice of the peace courts have NO jurisdiction in the following matters:
1.) Title to immovable property
2.) Right to public office or position
3.) When plaintiff asserts civil or political rights under the federal or state constitutions
4.) Annulment of marriage, divorce, separation of property, or alimony
5.) Succession, interdiction, receivership, liquidation, habeas corpus or quo warranto proceeding
6.) Where parish or political subdivision is a defendant
7.) Any other case or proceeding excepted from jurisdiction by law
8.) Tutorship, curatorship, emancipation, partition
9.) Executory proceeding
10.) Adoptions
11.) In rem or quasi in rem actions
See p. 2 of CCP outline in LAC
True or false: There are no jury trials in parish, city, or justice of the peace courts.
May a parish or city court exercise jurisdiction over incidental demands that exceed its jurisdiction? If so, when?
Yes. When a parish or city court has jurisdiction over the main demand, it may exercise jurisdiction over any related incidental demand, regardless of the amount in dispute. HOWEVER, when a COMPULSORY reconventional demand exceeds the court's jurisdiction, the court SHALL transfer the entire action to a court of proper jurisdiction.
When is the secretary of state impliedly appointed by law as an agent for service of process?
1.) Non-resident motor vehicle operators who use Louisiana roads
2.) Non-resident operators of watercraft in Louisiana
3.) Foreign or alien insurers transacting insurance business in Louisiana without a certificate
What are the bases for long-arm specific jurisdiction in Louisiana?
A Louisiana court may exercise personal jurisdiction over a nonresident who acts directly or by an agent as to any cause of action arising from any of the following activities:

1.) Transacting business in Louisiana
2.) Contracting to supply services or things in Louisiana
3.) Causing injury or damage by an offense or quasi-offense committed through an act or omission in Louisiana
4.) Causing injury or damage in Louisiana by an offense or quasi-offense committed through an act or omission outside Louisiana, IF the non-resident regularly does or solicits business or engages in any other persistent course of conduct or derives substantial revenue from goods used or consumed or services rendered in Louisiana
5.) Having an interest in, using or possessing a real right on immovable property in Louisiana
6.) Non-support of a child, parent, spouse or former spouse domiciled in Louisiana to whom an obligation of support is owed and with whom the nonresident formerly resided in Louisiana
7.) Parentage and support of a child who was conceived by the nonresident while he resided in or was in Louisiana.
8.) Manufacturing of a product or component thereof which caused damage or injury in Louisiana, IF at the time of placing the product into the stream of commerce, the manufacturer could have FORESEEN, realized, expected, or anticipated that the product may eventually be found in Louisiana by reason of its nature and the manufacturer's marketing practices.
When may a Louisiana court exercise general jurisdiction over a nonresident?
When it has any basis consistent with the Louisiana or U.S. constitutions.
What is the analysis for due process in subjecting a nonresident to personal jurisdiction? When does it apply?
The defendant must:

1.) Have certain minimum contacts with the forum state such that
2.) maintenance of the suit does not offend traditional notions of fair play and substantial justice.

This test applies whether personal jurisdiction is specific or general. "Minimum contacts" is generally satisfied if the defendant has purposefully directed activities at forum residents. Once minimum contacts are established by the plaintiff, the burden shifts to the defendant to prove "unfairness," e.g., inconvenience or local prejudice. Whether it is fair to subject the defendant to personal jurisdiction depends upon several factors including: the burden on the defendant, the state's interest in the dispute, the plaintiff's interest in obtaining relief, the judicial system's interest in efficient resolution, and the state's interest in substantive social policies. (Burger King)
When can a Louisiana court exercise in rem jurisdiction?
When there is property having a situs in Louisiana, claimed or owned by a nonresident. Must first attach the property in the state. Unless the defendant appears, a judgment may be executed only against the attached property. MUST STILL SATISFY MINIMUM CONTACTS (strengthened if there is a connection between the property seized and the cause of action.)
True or false: status venue is non-waivable.
Art. 42 venue for individuals domiciled in Louisiana
parish of domicile
Art. 42 venue for individuals residing in Louisiana, but not domiciled
parish of residence
Art. 42 venue for nonresident individual with an agent for service of process
parish of agent's P.O. box address
Art. 42 venue for nonresident individual without agent for service of process
parish of plaintiff's domicile or where service is made
Art. 42 venue for domestic corporations and LLCs
parish of its registered office
Art. 42 venue for corporations and LLCs that are foreign and licensed to do business in Louisiana
parish of its primary business office as designated in its application to do business, OR, if no designation, parish of primary place of business
Art. 42 venue for foreign corporations and LLCs NOT licensed to do business in Louisiana
parish of plaintiff's domicile OR where service is made
Art. 42 venue for domestic insurers
Parish of registered office
Art. 42 venue for foreign or alien insurers
East Baton Rouge Parish
Art. 42 venue for partnerships and unincorporated associations
parish of principal business establishment
Venue for defendant who has changed domicile
Parish of old domicile for one year after the change, or in defendant's new domicile (defendant can cut this off by filing a declaration of intent to change domicile)
Venue for executory process and foreclosure
parish of situs of property or parish of defendant's domicile
Venue for joint or solidary obligors
Parish where venue is proper as to any one of them under Art. 42 will be proper as to all.

In a tort suit, an action against all joint or solidary obligors may be brought where plaintiff is domiciled if: (1) one of the defendants is an insurance company, and (2) venue is proper as to that company under Art. 76 or if jurisdiction was obtained over one of the defendants under the long-arm statute.
Venue for tort suits
(1) where damages sustained
(2) where the wrongful conduct occurred
(3) where the defendant is domiciled
(4) if suit is to enjoin wrongful conduct, where the wrongful conduct occurred or may occur
Venue to obtain custody
parish of a party or last matrimonial domicile
Venue to establish filiation
(1) domicile of child
(2) where conception occurred
(3) where either parent resided at conception
(4) where either acknowledged child
(5) where child was born
Venue for action to disavow filiation
parish of child's birth or where either parent resided at time of birth
Venue to change custody
(1) parish where custodial parent is domiciled or custody decree was rendered
(2) If the person awarded custody is no longer domiciled in the state, the parish where the person seeking custody is domiciled or where the custody decree was rendered
Venue to modify support
(1) Parish where the person awarded support is domiciled, IF the award has been rendered in that parish
(2) Parish where the support award was rendered if it has not been registered and confirmed in another court of this state pursuant to Art. 2786
(3) Parish where the support was last registered if registered in multiple courts of this state
(4) If the person awarded support is no longer domiciled in this state, parish where the other person is domiciled or the parish where the support award was rendered, if not confirmed, or parish where the order was last confirmed.
Venue to register support
Parish where the person awarded support is domiciled
When may a court transfer venue in a custody or support proceeding?
For the convenience of the parties and witnesses and in the interest of justice, the court, upon contradictory motion OR its own motion after notice and hearing, may transfer the proceeding to another court where the proceeding might have been brought
Venue for persons related by adoption wishing to marry
Parish of either party's domicile
Venue for adult adoption
Parish of either party's domicile
Venue for action on an open account
(1) parish where account was created
(2) parish where the underlying services were performed
(3) debtor's domicile
Venue for promissory note
(1) parish where note was executed
(2) debtor's domicile
Venue for action on judicial bond
where bond filed
Venue for action against legal surety
where principal obligor may be sued
Art. 76 venue for suits on an insurance policy (not health and accident policy or life insurance policy; e.g., UM policy)
(1) where loss occurred
(2) where insured is domiciled
Art. 76 venue for health and accident insurance policy
(1) where insured is domiciled
(2) where accident or illness occurred
Art. 76 venue for action on life insurance policy
(1) parish of decedent's death
(2) where decedent was domiciled
(2) parish of any beneficiary's domicile
Venue for action on contract
(1) parish where contract was executed (including any parish where a party signed the contract)
(2) where any work or service was, or was to be, performed
Venue for action against a person having a business office, on a matter over which that office had supervision
where the office is located
Venue for action against a partner on a partnership obligation (except for action to dissolve partnership)
where venue is proper as to partnership

NOTE: This means that in tort actions, or if the partnership is a solidary obligor, the partnership may be sued in a parish other than the partnership's principal business establishment.
Venue for actions to dissolve a partnership
Parish where the principal business establishment of the partnership is located, and this may include dissolution actions involving immovables
Venue for suits involving immovables (except CP partitions, partnerships actions, or successions)

NOTE: may include actions arising from lease of an immovable or lessor's privilege
(1) Where the immovable is located
(2) Where the defendant is domiciled

NOTE: file lis pendens!
Venue for action to revoke a donation of immovables
parish where all or part of property is located

NOTE: file lis pendens!
Venue for action involving succession
court where succession is pending
Requirements to use direct action statute
(1) A liability policy
(2) Policy written or delivered in Louisiana or providing coverage for an accident that occurred in Louisiana
Venue for direct action statute
(1) where accident occurred
(2) in any parish where the action could be brought against the insured or insurer under Art. 42, including EBR
(3) Insured must be joined as a defendant, unless:
(a) in bankruptcy or insolvent
(b) service of process cannot be made on the insured
(c) claim is between children and their parents or married people
(d) insurer is an uninsured motorist carrier, OR
(3) insured is deceased
Venue for long-arm statute
(1) where plaintiff is domiciled
(2) any parish of proper venue
Venue for class action
parish of proper venue as to the defendant (if action is brought against a class of defendants, then venue is proper as to any member of the class named as a defendant
Venue for non-resident attachment
parish where the attached property is located
What happens if venue is improper?
(1) dismiss, or
(2) in the interest of justice, transfer to proper venue
What is forum non-conveniens?
A doctrine that allows a court to transfer a suit though venue is proper. The suit is transferred to a a parish where suit might have been brought, if necessary for the convenience of the parties and witnesses and in the interest of justice. The rules also permit transfer to and from district and city courts if a property damage suit is filed in one and personal injury action is filed in another.

NOTE: No suit brought in the parish of plaintiff's domicile, in a court of competent jurisdiction, and where venue is proper, may be transferred for forum non-conveniens!
Will prescription be interrupted if suit is filed in the wrong venue?
Yes, IF service was made within the prescriptive period.
When may venue not be waived?
(1) action to annul a judgment (in trial court that rendered judgment)
(2) successions
(3) annulment or divorce
(4) emancipation
(5) tutorship
(6) interdiction
Venue for interdiction
where interdict is domiciled, or if not domiciled, where he resides; or if not domiciled or a resident, where he may be found
What are the mandatory grounds to recuse a judge?
(1) judge is a witness
(2) judge is employed or consulted as an attorney in the cause OR has ben associated with an attorney during the latter's employment in the cause, AND the judge participated in representation of the cause
(3) family member crap (see p. 14 of outline)
(4) biased, prejudiced or interested in the cause or its outcome or biased or prejudiced toward or against the parties' attorneys or any witness to such an extent that he would be unable to be fair and impartial.
What are the permissive grounds to recuse a judge?
(1) associated with an attorney during the latter's employment in the cause
(2) attorney in a case represents the judge at the time of the hearing (in which case the employment shall be disclosed)
(3) he has performed a judicial act in the case in another court
(4) family member crap
What is direct contempt?
Contempt (act or omission tending to obstruct or interfere with the orderly administration of justice or impair the dignity of the court or respect for its authority) that happens in the immediate view and presence of the court, or failure to comply with a summons or subpoena

Penalty: $100 and one day in jail; punished immediately following verbal hearing
What is constructive contempt?
willful disobedience of a court order, deceit by a party or his attorney, and improper interference with a juror or witness
True or false: A cause of action may be used as a DEFENSE, even if it is prescribed.

EXCEPTION: Redhibition under Federal Consumer Protection Act
When may actions be cumulated?
When they are of the same type against the same defendant, as long as proper venue and jurisdiction exist (see specific rules)
When is cumulation proper in an action by single plaintiff against a single defendant?
Two or more actions against the same defendant, even though based on different grounds, if:

(1) each action is within the court's jurisdiction and brought in the proper venue, AND
(2) all of the cumulated actions are mutually consisted and employ the same form of procedure
When is cumulation proper in an action of plural plaintiffs or defendants?
(1) a community of interest between the parties joined (i.e., same legal and factual issues)
(2) Each cumulated action is within the court's jurisdiction and brought in the proper venue, AND
(3) all the cumulated actions are mutually consistent and employ the same form of procedure
What are the grounds for lis pendens? What do you do?
(1) suit pending in more than one court
(2) on same transaction or occurrence
(3) between the same parties in the same capacities

All but the first suit must be dismissed, or, if defendant does not except, the first final judgment is conclusive of all.

If suit is brought in Louisiana while another is pending in another state or federal court, the court may STAY the proceedings in the second suit pending outcome of the first. For this type of problem, you may file a motion to stay OR notice of lis pendens.
What are the general prerequisites for bringing a class action?
(1) NUMEROSITY: The class is so numerous that joinder of all members is impracticable.
(2) COMMONALITY: There are questions of law or fact common to the class.
(3) TYPICAL CLAIMS OR DEFENSES: The claims or defenses of the representative parties are typical of the claims or defenses of the class.
(4) FAIR AND ADEQUATE PROTECTION OF INTERESTS: The representative parties will fairly and adequately protect the interests of the class, AND
(5) OBJECTIVELY DEFINED CLASS: The class is or may be defined objectively in terms of ascertainable criteria, such that the court may determine the constituency of the class for purposes of the conclusiveness of any judgment that may be rendered.

NOTE: Must also see the factors for maintaining a class action
When may a class action be maintained?
(1) All the prerequisites are met
(2) Separate action would create risk: The prosecution of separate actions by or against individual members of the class would create risk of: (a) inconsistent or varying results which would establish incompatible standards of conduct for the party opposing the class, OR (b) individual adjudications by or against the class members would be dispositive of the interests of the other members not parties or would substantially impair or impede their ability to protect their interests; OR

(2) The party opposing the class has acted or refused to act in a manner applicable to the class as a whole, thereby making final injunctive or declaratory relief appropriate for the whole, OR ...
When MUST a person be joined as a party in an action?
(1) No complete relief in that person's absence
(2) That person claims an interest in the subject matter of the action AND is so situated that the adjudication of the action in his absence may EITHER: (a) as a practical matter, impair or impede his ability to protect that interest, or (b) leave any of the persons already parties subject to a substantial risk of incurring multiple inconsistent obligations.
If a necessary person cannot be joined as a party, the court shall determine whether to proceed or dismiss the action. What is the list of factors to be considered by the court?
(1) extent of prejudice
(2) extent to which prejudice can be lessened or avoided by protective provisions in the judgment or shaping of relief
(3) whether a judgment rendered in the person's absence will be adequate
(4) whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder
Who is the proper party defendant in an action against a partner personally on a partnership obligation?
the partner, but also the partnership
Proper party defendant for unincorporated association
in its own name (members may be sued jointly on an obligation)
When is a faxed petition filed?
When it is faxed to AND received by the clerk, IF the original signed pleading and fees are forwarded (sent) to the clerk within five legal days thereafter
What does an attorney certify with his signature on a pleading?
He read it and that, to the best of his knowledge, information and belief formed after reasonable inquiry:

(1) It is not being used for any improper purpose such as to harass, delay, or increase costs
(2) it is warranted by existing law or a good faith argument to change existing law
(3) it has or is likely to have (after investigation or discovery) evidentiary support, AND
(4) each denial is warranted by the evidence or reasonably based lack of information or belief.
What is the rule for including monetary demands in a petition?
No specific monetary amount may be included in allegations or prayer in a tort suit. If you need a monetary amount to establish jurisdiction, just allege it generally.

EXCEPTIONS: money-based claims, family-based claims involving money

REMEDY: Motion to strike (can get attorney fees and costs if you have to file this motion)
What is the time delay for requesting service?
within 90 days of the commencement of the action (or of the filing of a supplemented or amended petition naming additional defendants)

NOTE: If failure to timely request service was in bad faith, prescription deemed NOT interrupted.

NOTE: request for service must be RECEIVED by clerk within 90 days
Who makes personal service?
Generally, the sheriff, or if he fails, after five days and diligent effort, a private person appointed by the court.

In a summary proceeding or subpoenas related thereto, the court can appoint a private person upon motion, without first going to the sheriff.
How do you make long-arm service?
mailing the citation and petition by certified or registered mail, or actual delivery
How to serve a non-resident motorist
secretary of state, and mailing notice of service to defendant, certified or registered mail, return receipt requested, to the address in the accident report
Service for partnerships
Personal service on partner (if partnership in commendam, a general partner)

Failing that, after diligent effort, on any employee
Service on unincorporated associations
personal service on an agent, managing official, or failing that, any member
Service on foreign insurer
secretary of state
True or false: service on a client's attorney may be made on the attorney's secretary in the attorney's office.
True or false: personal service on a non-party doctor may be made on any clerical employee of the doctor.
Service on LLCs
(1) personal service on an agent
(2) failing that, after certifying diligent effort, personal service on any manager
(3) if no manager, any member
(4) or personal service on any employee of suitable age and discretion where business is conducted
(5) long-arm service if applicable
What is the time trigger for a default judgment?
15 days from sheriff's service of process if defendant fails to respond

30 days after filing affidavit for long-arm service

10 days for city or parish courts
If no court appearance is requred, how may service be made?
by mail, by hand, or electronically. Must file a certificate of service into the record.
What is the timeline for a default judgment?
(1) 15 days from service of petition (or 30 if long-arm, or 10 if city court) without an answer from the defendant
(2) Preliminary default entered in record on next day
----- 2 days, exclusive of holidays ----------
(3) Confirmation of default by presenting prima facie case

NOTE: don't need preliminary default in city court. Default is simply confirmed on 11th day after 10 days lapse with no answer.
What are the special proof requirements for a default judgment on an open account, NSF check, promissory note, or negotiable instruments?
(1) affidavit of correctness
(2) proposed judgment

hearing not required unless judge wants one
Special proof requirements for default judgment on conventional and delictual obligations
Affidavit proof with exhibits can be used unless the judge orders oral testimony

If personal injury, the treating physician or dentist's narrative may be used in lieu of testimony.
How is notice of a default judgment made to defendant