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Louisiana Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest

Category:
Civil Actions - Judgment Corrections
State:
Multi-State
Control #:
US-01531BG
Format:
Word; 
Rich Text
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Description

A court has the inherent power to review its own proceedings to correct error or prevent injustice The correction of clerical errors in the records of judgments may take the form of amendments inserting the names of parties who ought to have been included. A clerical error in the record of a judgment may be corrected to reflect the true name and identity of a party.


This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest
  • Preview Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest
  • Preview Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest
  • Preview Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest

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How to fill out Motion To Amend Or Correct Judgment To Include Additional Party Defendant As Real Party In Interest?

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FAQ

Article 42 of the Code of Civil Procedure establishes the basic rule of venue: a defendant is to be sued in the parish of his domicile. The Code does establish exceptions to this basic principle, however, in the interest of providing a convenient place for trial.

A judge of any trial or appellate court shall disclose, to the best of his information and belief, the existence of any of the following to all attorneys and unrepresented parties in the cause: (1) The judge has been associated with an attorney during the latter's employment in the cause.

Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on his behalf, to inspect, copy, test, and sample any designated documents or electronically stored information, including writings, drawings, graphs, charts, photographs, phono-records, sound ...

Art. 154. A judge is permitted to deny a motion to recuse without appointment of an ad hoc judge and without a hearing if the motion fails to set forth valid grounds for recusal under article 151. The judge must now, however, provide written reasons for the denial.

Art. 561(A)(3) (stating that on an ex parte motion of any party by affidavit, provided that no step has been timely taken in the prosecution or defense of the action, the trial court shall enter a formal order of dismissal as of the date of its abandonment).

The court on motion may make an order against a party requiring delivery of a report on such terms as are just, and if a physician fails or refuses to make a report the court may exclude his testimony if offered at the trial.

Preliminary default. A. If a defendant in the principal or incidental demand fails to answer or file other pleadings within the time prescribed by law or by the court, a preliminary default may be entered against him.

Amendment of petition and answer; answer to amended petition. A plaintiff may amend his petition without leave of court at any time before the answer thereto is served.

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