by admin | May 13, 2021 | Civil Procedure, Louisiana
The citation must be signed by the clerk of the court issuing it with an expression of his official capacity and under the seal of his office; must be accompanied by a certified copy of the petition, exclusive of exhibits, even if made a part thereof; and must contain...
by admin | May 13, 2021 | Civil Procedure, Louisiana
A. Citation and service thereof are essential in all civil actions except summary and executory proceedings, divorce actions under Civil Code Article 102, and proceedings under the Children’s Code. Without them all proceedings are absolutely null.B. The...
by admin | May 13, 2021 | Civil Procedure, Louisiana
The petition, the answer, and the exceptions filed in an incidental action may be amended or supplemented in the manner provided in Articles 1151 through 1155.La. C.P. ยง 1156
by admin | May 13, 2021 | Civil Procedure, Louisiana
The court, on motion of a party, upon reasonable notice and upon such terms as are just, may permit mover to file a supplemental petition or answer setting forth items of damage, causes of action or defenses which have become exigible since the date of filing the...
by admin | May 13, 2021 | Civil Procedure, Louisiana
When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised by the pleading. Such amendment of the pleadings as may be necessary to cause them to conform to the...
by admin | May 13, 2021 | Civil Procedure, Louisiana
When the action or defense asserted in the amended petition or answer arises out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of filing the original pleading.La. C.P....
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