Louisiana Sample Letter regarding Amended Complaint - Request to Execute Affidavit
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FAQ
(a) The trial of a defendant charged with a felony shall commence within one hundred twenty days if he is continued in custody and within one hundred eighty days if he is not continued in custody.
An amended complaint is a written revision of the original complaint filed by a plaintiff or petitioner. Rule 15 of the federal rules of civil procedure allows the plaintiff to amend their complaint one time within 21 days of serving the original complaint or at any point before the defendant answers the complaint.
701. Right to a speedy trial. A. The state and the defendant have the right to a speedy trial.
At your arraignment, the Judge will read the indictment. This process cannot be waived or sped up under current Louisiana law. You will then enter a guilty or not guilty plea. If no bond has been set, it will be set and you will be remanded to the custody of the local sheriff.
A motion to quash may be filed of right at any time before commencement of the trial, when based on the ground that: (1) The offense charged is not punishable under a valid statute; (2) The indictment does not conform with the requirements of Chapters 1 and 2 of Title XIII; (3) Trial for the offense charged would ...
A plaintiff may amend his petition without leave of court at any time before the answer thereto is served. He may be ordered to amend his petition under Articles 932 through 934. A defendant may amend his answer once without leave of court at any time within ten days after it has been served.
Beginning Formal Prosecution If you arrested for a misdemeanor and unable to post bond, the State has 45 days to formally charge you with a crime. The State has 60 days to formally charge you with a felony unless the crime is punishable by death or life in prison without parole.
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.
