Louisiana Civil Procedure Outline
Courts
· Subject Matter Jurisdiction- Art. 4841
o The subject matter jurisdiction of parish courts and city courts is limited by the amount in dispute and by the nature of the proceeding.
o The amount in dispute is determined by the amount demanded, including damages pursuant to Articles 2315.3 and 2315.4, or values asserts in good faith by the plaintiff, but does not include interest, court costs, attorney fees or penalties
o If the demand asserted in an amended or supplemental pleasing exceeds the jurisdiction of the court, the court shall transfer it to the proper jurisdiction
· Computation of Time- Art. 5059
o In computing a period of time allowed or prescribed by law or by order of court, the date of the act, event, or default after which the period begins to run is not to be included. The last day of the period is to be included, unless it is a legal holiday, in which event the period runs until the end of the next day which is not a legal holiday.
o A half-holiday is considered as a legal holiday. A legal holiday is to be included in the computation of a period of time allowed or prescribed, except when:
§ It is expressly excluded
§ It would otherwise be the last day of the period; or
§ The period is less than seven days
Venue
· General Rules- Art. 42
o An action against an individual who is domiciled in the state shall be brought in the parish of his domicile; or if he resides but it not domiciled in the state, in the parish of his residence
o An action against a domestic corporation, a domestic insurer, or a domestic limited liability company shall be brought in the parish where its registered office is located
o An action against a domestic partnership, or a domestic unincorporated association, shall be brought in the parish where its principal business establishment is located
o An action against a foreign corporation or a foreign limited liability company licensed to do business in this state shall be brought in the parish where its principal business establishment is located as designated in its application to do business in the state, or, if no such designation is made, then in the parish where its PPB in the state is located
o An action against a foreign corporation or a foreign limited liability company not licensed to do business in the state, or a nonresident who has not appointed an agent for the service of process in the manner provided by law, other than a foreign or alien insurer, shall be brought in the parish of the plaintiff’s domicile or in a parish where the process may be, and subsequently is, served on the defendant
o An action against a nonresident, other than a foreign corporation or a foreign or alien insurer, who has appointed an agent for the service of process in the manner provided by law, shall be brought in the parish of the designed post office address of an agent for the service of process
o A foreign or alien insurer shall be brought in the parish of EBR
· Action against Joint or Solidary Obligors-Art. 73
o An action against joint or solidary obligors may be brought in a parish or proper venue, under Article 42 only, as to any obligor who is made a defendant provided that an action for the recovery of damages for an offense or quasi-offense against joint or solidary obligors may be brought in the parish where the plaintiff is domiciled if the parish or plaintiff’s domicile would be a parish of proper venue against any defendant under Article 76
· Action on Offense or Quasi Offense-Art. 74
o An action for the recovery of damages for an offense or quasi offense may be brought in the parish where the wrongful conduct occurred, or in the parish where the damages were sustained. An action to enjoin the commission of an offense or quasi offense may be brought in the parish where the wrongful conduct occurred or may occur
o Offense and quasi offense include a nuisance and violation under Article 667
· Action on Contract-Art. 76.1
o An action on a contract may be brought in the parish where the contract was executed or the parish where any work or service was performed or was to be performed under the terms of the contract
· Action against Person Doing Business in another Parish-Art. 77
o An action against a person having a business office or establishment in a parish other than that where he may be sued under Article 42 only, on a mater over which this office or establishment had supervision, may be brought in the parish where this office or establishment is located
· Action against Partners of Existing Partnership-Art. 78
o Except as provided in Article 79, an action against a partner of an existing partnership on an obligation of the latter, or on an obligation growing out of the partnership, shall be brought in any parish of proper venue as to the partnership
· Conflict between Two or More Articles in Chapter
o The following rules determine the proper venue in cases where two or more articles in this Chapter may conflict
§ Articles 78-83 governs the venue exclusively, if this Article conflicts with any of Articles 42 and 71-77
§ If there is a conflict between two or more Articles 78-83, the plaintiff may bring the action in any venue provided by any applicable article
§ If Article 78-83 is not applicable, and there is a conflict between two or more of Articles 42 and 71-77, the plaintiff may bring the action in any venue provided by any applicable article
· Court where Action Brought; Nullity of
s succession is not under administration therein
· Compulsory Substitution for Deceased Party; Summons-Art. 802
o On ex parte written motion of any other party, supported by an affidavit of the truth of the facts alleged, the court may order the issuance of a summons to the legal successor to appear and substitute himself for the deceased party. This summons shall show the title and docket number of the action, and the name and address of the court where the action is pending
· Same; Service or Publication of Summons-Art. 803
o When the name and address of the legal successor is known, and he is a resident of the state, he shall be summoned to appear and substitute himself for the deceased party within 30 days of the date the summons is served on him
o When the name and address of the legal successor is known, but he is a nonresident or absentee, he shall be summoned to appear and substitute himself for the deceased party within 60 days of the receipt of the summons through registered or certified mail
o If the name or address of legal successor is unknown, the summons shall be by two publications not less than 15 days apart in a newspaper published in the parish where the action is pending and in the parish of the domicile of the deceased party, which shall summon him to appear and substitute himself for the deceased party within 60 days of the first publication. The summons shall be addressed to the legal successor by name, if the latter is known and otherwise shall be addressed to “The legal successor of _______, deceased.”
· Same; Effect or Failure of Legal Successor to Appear-Art. 804
o When the legal successor fails to appear and substitute himself for the deceased party within the delay allowed in the summons, on ex parte written motion of any other party, the court may
§ Dismiss the action as to the deceased party, with or without prejudice, if the deceased was a plaintiff
§ When the legal successor of a deceased defendant has not been served by personal or domiciliary service with summons to appear and substitute, appoint an attorney at law to represent such legal successor, and the action shall be proceeded with contradictorily against the attorney at law
