Civil Procedure Flow Chart: Cause of Action > File Petition > Challenge Petition (3 exceptions) > Answer > Incidental Demand > Answer to Incidental Demand > Amend/Supplement Petition > Subpoena > Discovery > Pre-Trial Procedure > Trial > Judgment > Appeal.
TIME DELAYS
A) Computation of time: The date of the act, event, or default after which the period begins to run is not counted, and the last day of the period is counted, unless it is a legal holiday. In a court of limited jurisdiction the time is computed, for appeal of denial of a new trial, the day after starts the count.
B) Annulment for vices of form: any time unless voluntarily acquiesced.
C) Answers (time delay for filing):
1) Appeal: not obliged to answer unless wanting to have the judgment modified, revised, reversed, or asking for damages from appellant. Then has 15 days from the return day or lodging of the record.
2) City/Parish/JP Courts: 10 days from service unless served through sec of state then 15 days
3) District Court: 15 days after service; 10 days from ruling on exception; 10 days after amended petition. On default judgment: any time prior to confirmation.
4) Incidental Demand: any time and up to the time of answer to principal demand w/o leave of court. If answer filed then have to get leave of court.
D) Appeal from City and Parish Courts: 10 days from judgment or service of notice of judgment.
E) Pleading exceptions: declinatory and dilatory - pleaded prior to or with the answer or prior to or with the filing of any pleading seeking relief or prior to confirmation of default judgment. A peremptory exception can be pleaded at any time prior to the submission of the case for a decision. Trial of exceptions: decided in advance of the trial.
F) Devolutive appeal: 60 days (see below for further).
G) Suspensive appeal: 30 days (see below for further).
H) New trial in district court: 7 days, exclusive of holidays. Starts from the mailing from the clerk or sheriff serving the notice of the judgment.
I) Further action after interlocutory judgment: 10 days from mailing of notice.
J) Charge to jury: any time during the trial.
K) Motion to strike: at any time either on the court’s motion or party motion.
L) Motion for judgment on pleadings: after the answer is filed, but within such time as to not delay trial.
M) Summary judgment: P after answer filed; D at any time. Motion and affidavits served 10 days prior to hearing. Judge answers at any time but at least 10 days prior to trial.
N) Service of process: personal and domiciliary at any time of day or night including Sundays and holidays.
O) Citation: Requested within 90 days on all named defendants. D can give written waiver.
I: JURISDICTION
Jurisdiction is the legal power of a court to hear an action or proceeding involving the legal relations of the parties and to grant the relief to which they are entitled.
SUBJECT MATTER JURISDICTION
SMJ is the legal power and authority of a court to hear a particular class of actions or proceedings based upon the object of the demand, the amount in dispute, or the value of the right asserted. SMJ cannot be conferred by consent of the parties, and a judgment rendered by a court which lacks SMJ is void. When SMJ is based upon the amount in dispute or value of the right asserted, interest, court costs, attorney fees or penalties are not included.
Courts of Limited Jurisdiction (C.C.P. Arts. 4841, et seq.)
A) City Courts: Have concurrent jurisdiction with the district courts in cases where the amount in dispute or the value of the property involved does not exceed $10,000, with some exceptions (New Orleans - $20,000; Lake Charles, Monroe, Baton Rouge - $15,000).
B) Parish Courts: Have concurrent jurisdiction with the district courts in cases where the amount in dispute or the value of the property involved does not exceed $20,000, with some exceptions such as Jefferson Parish - $10,000.
C) Justice of the Peace Courts: Have concurrent jurisdiction with the district courts where the amount in dispute does not exceed $2,000.
D) Limitations upon Courts of Limited Jurisdiction: City, Parish, and JP Courts have no jurisdiction in the following matters: Case involving immovable property; Case involving the right to public office or position; Case in which the P asserts civil or political rights under the federal or state constitutions. Claim for annulment of marriage, divorce, separation of property, or alimony; Succession, interdiction, receivership, liquidation, habeas corpus, or quo warranto proceedings. Case in which the state, parish, or other political subdivision is a D; and Any other case or proceeding excepted from the jurisdiction of these courts by law.
E) Additional Limitations on Limited Courts: City Courts: No jurisdiction over cases involving tutorship, curatorship, emancipation, or partition (CCP Art. 4847(B)). JP Courts: No jurisdiction over the following matters: adoption, tutorship, emancipation, partition, executory proceeding, in rem or quasi in rem proceeding, injunction proceeding except to arrest of its own writ and to enforce execution of judgments by a JP Court. No jury trials in City, Parish, or JP Courts.
F) Incidental Demands: when a City or Parish Court has SMJ over the main demand, it may exercise jurisdiction over any related incidental demand, regardless of the amount in dispute in the incidental demand. However, when a compulsory reconventional demand exceeds the court’s jurisdiction, the court shall transfer the entire action to a court of proper jurisdiction. (Art. 4845).
G) District Courts: Have original and general jurisdiction.
H) Courts of Appeal: Permit appeal as a right in any civil matter to the appropriate Circuit Court of Appeal. There are 5 Circuit Courts of Appeal (1st - Baton Rouge, 2nd - Shreveport, 3rd - Lake Charles, 4th - New Orleans, and 5th - Gretna. Courts of Appeal may review and decide questions of law and of fact.
I) Supreme Court: Has original jurisdiction over admission and disciplinary proceedings against members of the bar. Appeal of right in certain cases: constitutionality of a statute and criminal death penalty cases. All other cases are decided under the SCT’s discretionary supervisory jurisdiction, which extends to all courts, or by writ of certiorari to review a judgment of the Court of Appeal.
PERSONAL JURISDICTION
A) PJ is the legal power of a court to render a personal judgment against a party, independent of any property owned by him. A court may obtain jurisdiction based upon the following:
B) Service of process upon the defendant or his agent for service of process (SOP). Agents for SOP may be expressly designated by the D or impliedly appointed by law to receive process. For example, the Secretary of State is impliedly appointed by law as agent for service of process for the following: Non-resident motor vehicle operators who use Louisiana roads (LRS 13:3474); Non-resident operators of watercraft in Louisiana (LRS 13:3479); and Foreign or alien insurers transacting insurance business in Louisiana without a certificate of authority (LRS 22:1235).
C) Service of Process upon an attorney: Court can appoint an attorney to represent a Louisiana domiciliary who is absent or incompetent or a non-resident. Remember, if attorney is representing a person then service can be made upon the attorney for that person unless the attorney no longer is actively representing that person.
D) The court shall appoint an attorney at law to represent the defendant, on the petition or ex parte written motion of P when the court has jurisdiction over the person or property of the D, or over the status involved, and the D is: 1) A non-resident or absentee who has not been served with process, personally or through an agent, and who has not waived an objection to jurisdiction; or 2) An unemancipated minor or mental incompetent who has no legal representative and who may be sued through an attorney at law appointed by the court to represent him (CCP Art. 5093).
E) Consent to Jurisdiction: D may submit to the court’s jurisdiction or do so by a failure to timely file a declinatory exception of lack of personal jurisdiction (CCP Art. 6 (3)).
F) Long-arm jurisdiction (Personal Jurisdiction over non-resident) (LRS 13:3201 et seq).
1) Specific Jurisdiction: A Louisiana court may exercise personal jurisdiction over a nonresident who acts directly or by an agent as to a cause of action arising from any of the following activities by the non-resident: a) Transacting any business in Louisiana; b) Contracting to supply services or things in Louisiana; c) Causing injury or damage by an offense or quasi-offense committed through an act or omission in Louisiana; d) 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 revenue from goods used or consumed or services rendered in Louisiana; e) Having an interest in, using or possessing a real right on immovable property in Louisiana; f) Non-support of a child, parent, spouse or a former spouse domiciled in Louisiana to whom an obligation of support is owed and with whom the nonresident formerly resided in Louisiana; g) Parentage and support of a child who was conceived by the nonresident while he resided in or was in Louisiana; h) 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.
2) General Jurisdiction: In addition to subdivisions (1) through (8), a Louisiana court may exercise personal jurisdiction over a nonresident on any basis consistent with the Louisiana or U.S. Constitutions (LRS 13:3201(B) and CCP Art 6 (B)).
3) Constitutional Limitations of Long-Arm Personal Jurisdiction Due process requires that in order to subject a nonresident to personal judgment, 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. The Test: Use two-prong "minimum contacts/fair play" test whether case involves claim of "specific" personal jurisdiction (litigation related to forum activities) or "general" personal jurisdiction (litigation unrelated to forum activities). "Minimum contacts" generally satisfied if defendant has purposefully directed activities at forum residents. Once minimum contacts established by plaintiff, burden shifts to defendant to prove "unfairness," e.g. inconvenience or local prejudice. Whether it is fair to subject defendant to personal jurisdiction depends upon several factor including: the burden on defendant; the state's interest in the dispute; the plaintiff's interest in obtaining relief; the judicial system' interest in efficient resolution; and the state's interest in substantive social policies.
IN REM JURISDICTION (C.C.P. Art. 8): The legal power of a court to enforce a right in, to or against property having a situs in Louisiana, claimed or owned by a nonresident, not subject to personal jurisdiction. Applies to movable, immovable, corporeal and incorporeal property. "Situs" for immovable and corporeal movable is where the property is physically located. The situs of incorporeal movables such as negotiable instruments or stock certificates is where the obligor is located. For all other incorporeal movables, the situs is where the debtor is located.
QUASI IN REM JURISDICTION (C.C.P. Art. 9) The legal power of a court to render a money judgment against a nonresident not subject to personal jurisdiction if the action is commenced by an attachment of his property in the state. Must be preceded by attachment of property in state, and unless defendant appears, judgment may only be executed against the attached property. Quasi in rem jurisdiction is limited by Shaffer v Heitner which requires minimum contacts for proper quasi in rem jurisdiction (strengthened if there is a connection between property seized and cause of action). Note: When the court exercises in rem or quasi in rem jurisdiction, the court must appoint an attorney at law (referred to as a curator ad hoc) to represent the nonresident defendant who has not been served with process or made a general appearance. (C.C.P. Art 5091 A (2)).
JURISDICTION OVER STATUS (C.C.P. Art. 10): The legal power of a court to render a judgment: 1) Adoption if the custodian is domiciled or the child is lawfully in Louisiana, and court has personal jurisdiction over adoptive parent; or if the adoptive parent is domiciled in Louisiana and the court has personal jurisdiction over the custodian; 2) Emancipation if the minor is domiciled in Louisiana; 3) Interdiction if the interdict is domiciled in Louisiana or is in the state and owns property in Louisiana; 4) Tutorship and Curatorship if the minor, interdict, or absentee is domiciled or has property in Louisiana; 5) Child Custody if the minor involved is a domiciliary, or is in Louisiana; 6) Annulment and Divorce if one or both parties are domiciled in Louisiana. Jurisdiction for divorce exists when one of the parties is domiciled in the state at the time of filing. If spouse has maintained a residence in Louisiana for 6 months, rebuttable presumption of domicile; 7) Action to establish or disavow parentage if child is domiciled, in, born in, or acknowledged in this state or mother is domiciled here when child born. An action to disavow may also be brought if person seeking to disavow was domiciled here at time of conception and birth.
II: VENUE
VENUE: The parish where an action or proceeding may properly be brought. Most venue rules are permissive and thus objections to venue are waived if not raised prior to making a general appearance or confirmation of a default. An objection to venue is made by timely filing a declinatory exception of improper venue. The objection must be raised by the defendant and cannot be raised by the court on its own motion. Certain venue rules are non-waivable (e.g. "status venue").
VENUE GENERAL RULES (C.C.P. Art. 42):
A) Individuals: Resident domicile - Parish of domicile; Resides, but not domiciled - Parish of residence; Non-resident with agent for SOP - Parish of agent’s P.O. Box; Non-resident without agent for SOP - Parish where service is made (or long-arm venue if applicable).
B) Corporations: Domestic - Parish of its registered agent; Foreign and licensed to do business in the state - Parish of its primary place of business or principal business establishment as designated in application to do business; Foreign and not licensed to do business in state - Parish where service is made (or long-arm venue if applicable).
C) Insurers: Domestic - Parish of its registered office; Foreign or Alien - East Baton Rouge Parish.
D) Partnership and Unincorporated Associations: Parish of its principal business establishment
EXCEPTIONS TO GENERAL RULES (C.C.P. Arts. 71-85): The general rules of venue under Article 42 are subject to the exceptions provided in Articles 71 through 85 and otherwise provided by law (e.g., Long-arm statute):
A) Change of Domicile: Suit may be filed in the parish of old domicile for one year after the change, or in the defendant's new domicile. The defendant can cut this off by filing a declaration of intent to change domicile (C.C.P. Art. 71). Note: Domicile is defined as the parish where the citizen has his principal establishment, generally his habitual residence and an intent to remain indefinitely; if he resides in several places, and nearly as much in one as another, and has not declared an intent to change domicile, he can be considered to reside in any of those places at the option of the persons whose interests are affected thereby (C.C. Art. 38).
B) Sequestration or action to enforce mortgage or privilege by ordinary proceeding may be brought where all or part of property is located (C.C.P. Art. 72). Note: Executory Process and Foreclosure- suit in the parish of situs of the property 05 the parish of defendant's domicile, under article 42 only, will be proper (C.C.P. Art. 2633).
C) Joint or Solidary Obligors: The parish where venue is proper as to any one of them under article 42 will be proper as to all (C.C.P. Art. 73). In a tort suit, an action against all joint or solidary obligors may be brought where plaintiff is domiciled if one of the defendants is an insurance company and venue is proper as to that company under Article 76 or if jurisdiction was obtained over one of the defendants under the Long-Arm statute.
D) Tort Suits- Venue will be proper a) in the parish where the damages were sustained, b) in the parish where the wrongful conduct occurred, c) where the defendant is domiciled, or d) in suits to enjoin wrongful conduct, venue proper where wrongful conduct occurred or may occur (C.C.P. Art. 74).
E) Action to establish filiation: Domicile of child; where conception occurred; where either parent resided at conception; where either acknowledged child; or where child born. Action to disavow filiation: Parish of child's birth or where either parent resided at time of birth (C.C.P. Art 74.1).
F) Custody and child support: a) To obtain custody - Parish of a party or last matrimonial domicile; b) To change custody - Parish where custodial parent domiciled or custody decree rendered; if the person awarded custody is no longer domiciled in state, parish where person seeking custody is domiciled or where the custody decree was rendered; c) To modify support - Parish where the person awarded support is domiciled; parish where the support award was rendered if it has not been registered and confirmed in another court of this state pursuant to Article 2786; and in the parish where the support was last registered if registered in multiple courts of this state; if the person awarded support is no longer domiciled in state, parish where the other person is domiciled or parish where support award was rendered, if not confirmed, or parish where the support order was last confirmed; d) A proceeding to register a child support, medical support, income assignment order, or any such order issued by a court of this state for modification, may be brought in the parish where the person awarded support is domiciled; e) For the convenience of the parties and witnesses and in the interest of justice, a court, upon contradictory motion or upon its own motion after notice and hearing, may transfer the custody or support proceeding to another court where the proceeding might have been brought.
G) Persons related by adoption wishing to marry Parish of either party's domicile (C.C.P. Art. 74.3).
H) Action on judicial bond - where bond filed; Action against legal surety - Where principal obligor may be sued (C.C.P. Art. 75).
I) Insurance Suits: a) Life insurance policy - Parish of decedent's death or where the decedent was domiciled, or in the parish of any beneficiary's domicile; b) Health and Accident policy - Where insured domiciled or where accident or illness occurred; c) Any other policy - (E.g. uninsured motorist policy), where loss occurred or insured is domiciled (C.C.P. Art. 76).
J) Action on a contract: May be brought in parish where contract was executed or where any work or service was, or was to be, performed (C.C.P. Art. 76.1).