Louisiana Motion to Compel and For Attorney's Fees and Expenses is a legal procedure in Louisiana aimed at resolving discovery disputes between parties in a civil lawsuit. Discovery refers to the process of obtaining information and evidence from the opposing party, and it plays a crucial role in building a strong case. The primary purpose of a Louisiana Motion to Compel is to request the court's intervention when one party believes that the other party has failed to comply with discovery requests or has otherwise obstructed the process. This motion urges the court to compel the non-compliant party to provide the requested information or evidence promptly. By filing this motion, the requesting party can seek judicial relief and ensure a fair and efficient litigation process. When a Louisiana Motion to Compel is filed, it is important to note that the court may award attorney's fees and expenses to the prevailing party. This means that if the court deems the other party's failure to comply as willful or in bad faith, the prevailing party may be entitled to reimbursement of their attorney's fees and expenses incurred in litigating the motion. This serves as a deterrent against non-compliance and encourages parties to fulfill their discovery obligations. Several types of Louisiana Motions to Compel and For Attorney's Fees and Expenses may arise in the litigation process, including: 1. Louisiana Motion to Compel Interrogatories: When a party fails to respond properly to written questions (interrogatories) posed by another party, the latter may file this motion to compel the complete and accurate answers to the interrogatories. 2. Louisiana Motion to Compel Document Production: If one party refuses to produce relevant documents during the discovery process, the opposing party can file this motion to compel the production of the requested documents. 3. Louisiana Motion to Compel Deposition: If a party fails to attend a scheduled deposition or refuses to answer certain questions during the deposition, the party seeking the deposition can file this motion to compel the deponent's appearance and cooperation. 4. Louisiana Motion to Compel Physical or Mental Examination: In cases where the physical or mental condition of a party is relevant, the opposing party can file this motion to compel a medical or psychiatric examination. 5. Louisiana Motion for Attorney's Fees and Expenses: This motion can be filed by the prevailing party, requesting the court to award them attorney's fees and expenses incurred in bringing and litigating the Motion to Compel. It acts as a deterrent against willful non-compliance or obstruction during the discovery phase. It is important to consult with a qualified attorney who specializes in Louisiana civil procedure and litigation when preparing and filing a Motion to Compel and For Attorney's Fees and Expenses. The attorney can provide guidance, ensure compliance with procedural rules, and advocate for the party's interests throughout the process.
Louisiana Motion to Compel and For Attorney's Fees and Expenses
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Service of subpoena. A. Except as provided in Paragraph B of this Article, a subpoena shall be served and a return thereon made in the same manner and with the same effect as a service of and return on a citation.
On motion to compel discovery or for a protective order, the party from whom discovery is sought shall show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause.
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.
Rule 9.5 - Court's Signature; Circulation of Proposed Judgment; Request for Reasons for Judgment (a) All judgments, orders, and rulings requiring the court' s signature shall either be presented to the judge for signature when rendered or, if presented later, contain the typewritten name of the judge who rendered the ...
Rule 9.8 - Exceptions and Motions (a) Contradictory Exceptions and Motions. All exceptions and motions, including those incorporated into an answer, shall be accompanied by a proposed order requesting that the exception or motion be set for hearing.
When no rule for a particular situation can be derived from legislation or custom, the court is bound to proceed ing to equity. To decide equitably, resort is made to justice, reason, and prevailing usages.
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 ...
If a party fails to timely serve a memorandum, thus necessitating a continuance to give the opposing side a fair chance to respond, the court may order the late-filing party to pay the opposing side's costs incurred on account of the untimeliness.
Production of documents and things; entry upon land; procedure. A. The request under Article 1461 may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the petition upon that party.
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.