by admin | May 13, 2021 | Civil Procedure, Louisiana
A trial by jury shall not be available in:(1) A suit where the amount of no individual petitioner’s cause of action exceeds ten thousand dollars exclusive of interest and costs, except as follows:(a) If an individual petitioner stipulates or otherwise judicially...
by admin | May 13, 2021 | Civil Procedure, Louisiana
A. Except as limited by Article 1732, the right of trial by jury is recognized.B. Except as otherwise provided, the nature and amount of the principal demand shall determine whether any issue in the principal or incidental demand is triable by jury.C. If the...
by admin | May 13, 2021 | Civil Procedure, Louisiana
A. Notwithstanding any other provision of law to the contrary, prior to confirmation of a preliminary default against the state or any of its departments, offices, boards, commissions, agencies, or instrumentalities, a certified copy of the minute entry constituting...
by admin | May 13, 2021 | Civil Procedure, Louisiana
A final default judgment shall not be different in kind from that demanded in the petition. The amount of damages awarded shall be the amount proven to be properly due as a remedy.La. C.P. ยง 1703Amended by Acts 2017, No. 419,s. 1, eff. 8/1/2017.Amended by Acts 1988,...
by admin | May 13, 2021 | Civil Procedure, Louisiana
A. When the plaintiff seeks to confirm a preliminary default without appearing for a hearing in open court as provided in Article 1702(B)(1) and (C), along with any proof required by law, he or his attorney shall include in an itemized form with a written motion for...
by admin | May 13, 2021 | Civil Procedure, Louisiana
A. A preliminary default must be confirmed by proof of the demand that is sufficient to establish a prima facie case and that is admitted on the record prior to the entry of a final default judgment. The court may permit documentary evidence to be filed in the record...
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