Louisiana Matters that Should be Included in Pretrial Conference Order or Pretrial Order

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US-03357BG
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Pretrial statements or memoranda of counsel for the parties are frequently required either by the governing statute or rules of court, or by directive of the judge in the individual case, particularly in the absence of a preconference meeting. These statements may be joint or separate and are prepared prior to pretrial conference and presented to the pretrial judge. They should cover all of the matters that counsel may be able to agree on before the conference, and should be as complete and as detailed as the statute, rules, or order may direct.


In any action, the court may, in its discretion, direct the attorneys for the parties and any unrepresented parties to appear before it for a conference or conferences before trial for such purposes as: (1) expediting the disposition of the action; (2) establishing early and continuing control so that the case will not be protracted because of lack of management; (3) discouraging wasteful pretrial activities; (4) improving the quality of the trial through more thorough preparation; and (5) facilitating the settlement of the case.

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Rule 9.10 - Motions for Summary Judgment (a) A memorandum in support of a motion for summary judgment shall contain: (1) A list of the essential legal elements necessary for the mover to be entitled to judgment; (2) A list of the material facts that the mover contends are not genuinely disputed; and (3) A reference to ...

The memorandum for motions and exceptions, other than motions for summary judgment, shall be served on all other parties so that it is received by the other parties at least fifteen calendar days before the hearing, unless the court sets a shorter time.

Rule 10.1 of the Rules for Louisiana District Courts requires that a party seeking to file a discovery motion must attempt to arrange a conference with the opposing party to try to amicably resolve the dispute prior to seeking judicial intervention.

A subpoena may order a person to appear and produce at the trial, deposition, or hearing, books, papers, documents, any other tangible things, or electronically stored information, in his possession or under his control, if a reasonably accurate description thereof is given.

At the Pre-Trial Conference, the Court shall determine whether a hearing on the rule to show cause or trial on the merits is necessary, and if so, fix a trial date and may fix a Hearing Officer Conference.

(d) The court may allow an attorney to withdraw by ex parte motion if: (1) The attorney has been terminated by the client; or (2) The attorney has secured the written consent of the client and of all parties or their respective counsel; or (3) A limited appearance, as authorized by Rule 1.2(c) of the Rules of ...

(b) Rule 9.8(a) provides that the court may strike an exception or motion if not accompanied by an order scheduling the matter for a hearing or may set the matter for hearing on its own motion.

In any civil action in a district court the court may in its discretion direct the attorneys for the parties to appear before it for conferences to consider any of the following: (1) The simplification of the issues, including the elimination of frivolous claims or defenses.

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Louisiana Matters that Should be Included in Pretrial Conference Order or Pretrial Order