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11 Louisiana opinions name it 1 courts 2015–2024 7 in the last five years
The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Watermeier v. Watermeiergreen2 sentences2016Watermeier Hearing The trial court conducted a Watermeier hearing with Mr. Benson prior to trial in an attempt to “have a complete perspective of the case.” See Watermeier v. Watermeier, 462 So.2d 1272, 1275 (La.App. 5th Cir.1985) (the court discusses the usage of a hearing in chambers to determine if a child is competent to testify regarding custody). 2016Watermeier Hearing The trial court conducted a Watermeier hearing with Mr. Benson prior to trial in an attempt to “have a complete perspective of the case.” See Watermeier v. Watermeier, 462 So.2d 1272, 1275 (La.App. 5th Cir.1985) (the court discusses the usage of a hearing in chambers to determine if a child is competent to testify regarding custody). | 3 | 6 |
D.M.S. v. I.D.S.green2 sentences2019S.L.B., 2017-0978, p. 13, 252 So.3d at 961 (the trial court granted the defendant’s request for a Watermeier hearing in response to the plaintiff’s deposition notice of their two children in a case which arose under 19 the Domestic Abuse Assistance Act); D.M.S. v. I.D.S., 2014-0364, pp. 4, 23 (La. App. 4 Cir. 3/4/15), 225 So.3d 1127, 1132, 1142 (conducting a Watermeier hearing in-chambers to assess the competency of minor children prior to the trial on the order of protection from domestic abuse). 2019S.L.B., 2017-0978, p. 13, 252 So.3d at 961 (the trial court granted the defendant’s request for a Watermeier hearing in response to the plaintiff’s deposition notice of their two children in a case which arose under 19 the Domestic Abuse Assistance Act); D.M.S. v. I.D.S., 2014-0364, pp. 4, 23 (La. App. 4 Cir. 3/4/15), 225 So.3d 1127, 1132, 1142 (conducting a Watermeier hearing in-chambers to assess the competency of minor children prior to the trial on the order of protection from domestic abuse). | 2 | 2 |
S.L.B. v. C.E.B.green2 sentences2024App. 4 Cir. 7/27/18) 252 So.3d at 960 ). “[C]ourts have conducted a Watermeier hearing in the context of child custody disputes as well as for a petition for protection from domestic abuse.” Id. (citing S.L.B., 2017-0978, p. 13, 252 So.3d at 961 ). 2024App. 4 Cir. 7/27/18) 252 So.3d at 960 ). “[C]ourts have conducted a Watermeier hearing in the context of child custody disputes as well as for a petition for protection from domestic abuse.” Id. (citing S.L.B., 2017-0978, p. 13, 252 So.3d at 961 ). | 1 | 3 |
D.M.S. v. I.D.S.green2 sentences2016See also D.M.S. v. I.D.S., 14-0364, pp. 4-5 (La.App. 4 Cir. 3/4/15), — So.3d —, —, 2015 WL 926777 *2 , writ den. 15-0897 (La.6/19/15), 172 So.3d 654 . .Obviously, if during a trial the cross-examination became too vigorous or heated at any point of the proceedings, the trial court could rein in counsel. 2016See also D.M.S. v. I.D.S., 14-0364, pp. 4-5 (La.App. 4 Cir. 3/4/15), — So.3d —, —, 2015 WL 926777 *2 , writ den. 15-0897 (La.6/19/15), 172 So.3d 654 . .Obviously, if during a trial the cross-examination became too vigorous or heated at any point of the proceedings, the trial court could rein in counsel. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In re D.C.M.
green
2 sentences2019“A ‘Watermeier hearing’ is a hearing in chambers, outside the presence of the parents, but in the presence of their attorneys, with a record of the hearing to be made by the court reporter, to inquire as to the competency of a child to testify as to custody.” S.L.B. v. C.E.B., 2017-0978, p. 13, n. 12 (La. App. 4 Cir. 7/27/18), 252 So.3d 950, 960 , writ denied, 2018-1442 (La. 11/20/18), 256 So.3d 992 (quoting In re D.C.M., 2013-0085, p. 6 n.9 (La. App. 1 Cir. 6/11/13), 170 So.3d 165, 168 ). 2016In re D.C.M., 13-0085, p. 6 n. 9 (La.App. 1 Cir 6/11/13), 170 So.3d 165, 169 , defines a Watermeier hearing: A “Watermeier hearing” is a hearing in chambers, outside the presence of the parents, but in the presence of their attorneys, with a record of the hearing to be made by the court reporter, to inquire as to the competency of a child to testify as to custody. | 5 | 2016–2023 |
Keshawn Patterson v. Tacarra Charles
green
2 sentences2024App. 4 Cir. 9/11/19), 282 So.3d 1075 , 1089 (quoting S.L.B., 2017-0978, p. 13, n.12, 252 So.3d at 960 ). “[C]ourts have conducted a Watermeier hearing in the context of child custody disputes as well as for a petition for protection from domestic abuse.” Id. (citing S.L.B., 2017-0978, p. 13, 252 So.3d at 961 ). 2024App. 4 Cir. 9/11/19), 282 So.3d 1075 , 1089 (quoting S.L.B., 2017-0978, p. 13, n.12, 252 So.3d at 960 ). “[C]ourts have conducted a Watermeier hearing in the context of child custody disputes as well as for a petition for protection from domestic abuse.” Id. (citing S.L.B., 2017-0978, p. 13, 252 So.3d at 961 ). | 4 | 2022–2024 |
State v. Briggs
neutral
2 sentences2023App. 1 Cir. 6/11/13), 170 So.3d 165, 168 , writ denied, 13-1669 (La. 7/17/13), 118 So.3d 1102 . 2018App. 1 Cir. 6/11/13), 170 So.3d 165 , 168, writ denied , 13-1669 (La. 7/17/13), 118 So.3d 1102 . | 2 | 2018–2023 |
Watermeier v. Watermeier
green
2 sentences2022The record in this case reveals that the children, as intervenors, contemplated offering the testimony of M.N. at the adjudication—in addition to the video forensic interview evidence of M.N. presented by the State—when the juvenile court granted the children’s motion for a Watermeier hearing filed on December 17, 2020.9 On January 14, 2021, the juvenile court granted the children’s motion, stating: “Court does not have a problem with the attorneys questioning the minor in a closed hearing in accordance with Ch. C. art. 661B, but will not allow the father to be present during the child’s testi 2022The record in this case reveals that the children, as intervenors, contemplated offering the testimony of M.N. at the adjudication—in addition to the video forensic interview evidence of M.N. presented by the State—when the juvenile court granted the children’s motion for a Watermeier hearing filed on December 17, 2020.9 On January 14, 2021, the juvenile court granted the children’s motion, stating: “Court does not have a problem with the attorneys questioning the minor in a closed hearing in accordance with Ch. C. art. 661B, but will not allow the father to be present during the child’s testi | 2 | 2022–2023 |
Scott v. Hogan
green
2 sentences2019Charles argues that the trial court failed to conduct any type of competency interview of the child; failed to administer any age-appropriate oath 15 This Court is aware of another First Circuit case, Scott, 2017-1716, 255 So.3d 24 , which reached a different result than the Head Court and vacated a protective order instead of amending and affirming the order. 2019Charles argues that the trial court failed to conduct any type of competency interview of the child; failed to administer any age-appropriate oath 15 This Court is aware of another First Circuit case, Scott, 2017-1716, 255 So.3d 24 , which reached a different result than the Head Court and vacated a protective order instead of amending and affirming the order. | 1 | 2019–2019 |
S.L.B. v. C.E.B. State
neutral
2 sentences2019“A ‘Watermeier hearing’ is a hearing in chambers, outside the presence of the parents, but in the presence of their attorneys, with a record of the hearing to be made by the court reporter, to inquire as to the competency of a child to testify as to custody.” S.L.B. v. C.E.B., 2017-0978, p. 13, n. 12 (La. App. 4 Cir. 7/27/18), 252 So.3d 950, 960 , writ denied, 2018-1442 (La. 11/20/18), 256 So.3d 992 (quoting In re D.C.M., 2013-0085, p. 6 n.9 (La. App. 1 Cir. 6/11/13), 170 So.3d 165, 168 ). 2019“A ‘Watermeier hearing’ is a hearing in chambers, outside the presence of the parents, but in the presence of their attorneys, with a record of the hearing to be made by the court reporter, to inquire as to the competency of a child to testify as to custody.” S.L.B. v. C.E.B., 2017-0978, p. 13, n. 12 (La. App. 4 Cir. 7/27/18), 252 So.3d 950, 960 , writ denied, 2018-1442 (La. 11/20/18), 256 So.3d 992 (quoting In re D.C.M., 2013-0085, p. 6 n.9 (La. App. 1 Cir. 6/11/13), 170 So.3d 165, 168 ). | 1 | 2019–2019 |
In re Interdiction of Benson
neutral
1 sentence2018In re Interdiction of Benson , 16-0314 (La. 4/8/16), 188 So.3d 1052 (Tobias, J., dissenting: "[t]he ' Watermeier hearing' that the trial court held where the trial court examined Mr. Benson is not authorized by law and I dare say that it has not been jurisprudentially recognized. | 1 | 2018–2018 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.