Louisiana Motion for Protective Order against Trial Deposition
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How to fill out Motion For Protective Order Against Trial Deposition?
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FAQ
If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to ?dissolve? (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.
The judge may issue you a temporary restraining order without the abuser present (ex parte) if there is ?good cause? to do so. Proving that you are the victim of sexual assault is considered to be ?good cause? to grant this ex parte order.
There is no specific time limit for depositions in Louisiana, but Article 1438 provides that the court may shorten or lengthen the time for deposition on a showing of cause.
(2)(a) For any protective order granted by the court which directs the defendant to refrain from abusing, harassing, or interfering with the person as provided in R.S. 35(A)(1), the court may grant the order to be effective for an indefinite period of time as provided by the provisions of this Paragraph on its own ...
The state of Louisiana is unique in that nearly all civil actions have a one-year statute of limitations (most states range from two to five years for more claims). The exceptions are the three-year limits on collections of rent and debts and a 10-year statute of limitations for contracts and judgments.
A motion for protective order is a request made by one party to the court to protect them from potentially harmful actions by the other party, usually in regards to sharing information during the legal process. This can happen when one party wants to access the other party's trade secrets.
A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: (1) The expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; (2) The ...
(1) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness.
If a temporary restraining order is granted without notice, the matter shall be set within twenty-one days for a rule to show cause why the protective order should not be issued, at which time the petitioner must prove the allegations of abuse by a preponderance of the evidence.
Unless otherwise stipulated or ordered by the court, a deposition is limited to 1 day of 7 hours.