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

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US-01531BG
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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.

Louisiana Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest is a legal procedure that allows for the inclusion of an additional party defendant, who is deemed to be the real party in interest, in an existing judgment. This motion is particularly pertinent in cases where the initial judgment failed to identify or include the party who is directly affected by the ruling. By filing this motion, the plaintiff seeks to rectify the oversight and ensure proper representation of all relevant parties in the legal proceedings. Keywords: Louisiana, Motion to Amend or Correct Judgment, Additional Party Defendant, Real Party in Interest, legal procedure, inclusion, judgment, ruling, oversight, representation, legal proceedings. Different types of Louisiana Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest may include: 1. Amendment Motion: This type of motion is filed when there is a need to correct an error or omission in the original judgment. It seeks to add a party defendant who should have been included in the judgment but was overlooked. 2. Correction Motion: This type of motion is utilized when there are factual inaccuracies or mistakes in the original judgment. It aims to rectify these errors and ensure all relevant parties are properly represented. 3. Real Party in Interest Motion: This type of motion is filed when the real party in interest, who was not initially named in the judgment, wants to join the proceedings as a defendant. This motion allows them to assert their rights and interests in the case. 4. Late-Inclusion Motion: In some cases, a party is discovered to be a real party in interest after the judgment has been rendered. A late-inclusion motion is filed to add this party as a defendant even though they were not initially involved in the proceedings. 5. Amicus Curiae Motion: While not directly related to the Louisiana Motion to Amend or Correct Judgment, an amicus curiae motion can also be filed to include an additional party as a real party in interest. This motion allows a non-party to provide expert opinion or information to the court, thereby influencing the judgment. In summary, the Louisiana Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest is a legal mechanism that allows for the inclusion of an overlooked or misidentified party in a judgment. This motion can have various types, such as amendment, correction, real party in interest, late-inclusion, or even an amicus curiae motion. Its primary purpose is to ensure all relevant parties are properly represented and their rights are protected in the legal proceedings.

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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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Amendment of petition to join a party · CCP 647 · Permissive joinder governed by rules of cumulation of actions · CCP 681 · Real and actual interest required. Party plaintiff who refuses or fails to sue · Art. 645. Pleading nonjoinder of a party · Art. 646. Amendment of petition to join a party · Art. 647. Permissive ...Proposed law further provides that if the parties do not consent, the court may grant leave to file a supplemental petition or answer upon contradictory motion. Oct 15, 2020 — Any motion for leave to amend a pleading, intervene, or file a third-party complaint must be accompanied by a proposed order and contain a ... Nov 12, 2019 — A party opposing a motion for summary judgment shall submit with its opposition a separate, short, and concise statement of material facts. The ... After a nonjury trial, the court may, on motion for a new trial, open the judgment if one has been entered, take additional testimony, amend findings of fact ... If, on a motion under Rule 12(b)(6) or 12(c), matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one ... MERS did not have standing as a real party in interest under the Rules to file the motion. The declaration also failed to assert that MERS, FMC Capital. LLC or ... This is an informational handbook. This handbook is a guide for self-represented litigants. It is not legal advice and should not be considered as such. To complete this general-use template: 1). Refer to the written stipulated agreement of the modifications to the Findings of.

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