Louisiana Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion
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How to fill out Motion For Continuance To Complete Discovery Or In The Alternative Continuance Of Summary Judgment Motion?
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FAQ
After an opportunity for adequate discovery, a motion for summary judgment shall be granted if the motion, memorandum, and supporting documents show that there is no genuine issue as to material fact and that the mover is entitled to judgment as a matter of law. La. C.C.P.
The motion for a new trial shall be filed no later than seven days, exclusive of legal holidays, after the clerk has mailed or the sheriff has served the notice of the signing of the judgment notwithstanding the verdict under Article 1913. The motion shall be served pursuant to Articles 1976 and 1314.
A continuance motion can be filed by either the defendant's criminal defense lawyer or the prosecuting agency. If the judge decides to grant the motion, the hearing or trial is delayed for a necessary period to resolve the issue that made the continuance necessary.
If you can't find an attorney to prepare a response in time, you can ask the court for more time. This is done by a motion for extension of time to respond. If the judge grants this motion, you can get up to 30 extra days to respond to the suit.
If the defendant moves to summary judgment, the burden of proof moves from the plaintiff to the defendant. Rather than the plaintiff proving that they were injured, the defendant must prove that the plaintiff can't obtain evidence at all.
Summary proceedings are those which are conducted with rapidity, within the delays allowed by the court, and without citation and the observance of all the formalities required in ordinary proceedings.
Only the court can grant a continuance of a hearing. The court cannot do this until the defendant makes a formal written request. A defendant who wants or needs to reschedule a hearing needs to make a formal request to the court and provide a copy of that request to the District Attorney's Office.
Louisiana Laws - Louisiana State Legislature. A motion for a continuance shall be in writing and shall allege specifically the grounds upon which it is based and, when made by a defendant, must be verified by his affidavit or that of his counsel. It shall be filed at least seven days prior to the commencement of trial.