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7 Louisiana opinions name it 1 courts 1990–2008 0 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 |
|---|---|---|
Villavasso v. Lincoln Beach Corporationgreen1 sentence1990In Villavasso v. Lincoln Beach Corporation, 146 So.2d 7, 12 (La.App. 4th Cir.1962), this Court stated: Article 966 clearly intends that the procedure under it will be carried on contradictorily with adverse counsel, or party, and that a time shall be fixed by Court order for a hearing to be held at least ten days after service of the motion on opposing counsel, or party, which method would afford the adverse party a reasonable opportunity to appear and to present evidence and argument If a party opposes a motion for summary judgment by counter affidavits or with a reason why a factual affidavi | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Thibodeaux v. Comeaux
green
1 sentence2008OPINION Louisiana Code of Civil Procedure Article 966(B) provides that "[t]he motion for summary judgment and supporting affidavits shall be served at least fifteen days before the time specified for the hearing." (Emphasis added.) That same article also provides that if the adverse party chooses to respond with a memorandum or opposing affidavits, they "shall be served pursuant to Article 1313 at least eight days prior to the date of the hearing unless the Rules for Louisiana District Courts provide to the contrary." Id. | 1 | 2008–2008 |
Clark v. Favalora
neutral
1 sentence2004Article 962 of the Louisiana Code of Civil Procedure provides, "An application to the court for an order, if not presented in some other pleading, shall be by motion which, unless made during trial or hearing or in open court, shall be in writing." In Clark v. Favalora, 98-1802, pp. 6-7 (La. *408 App. 1 Cir. 9/24/99), 745 So.2d 666, 671 , the court stated: LSA-C.C.P. art. 966B requires service of a motion for summary judgment at least ten days before the time specified for the hearing. | 1 | 2004–2004 |
Stewart v. Carter
green
1 sentence2003In Stewart v. Carter, 33,203, p. 2 (La.App. 2 Cir. 5/10/00); 759 So.2d 297, 298 , citing Anderson v. Allstate Insurance Company, 93-1102 (La.App. 1 Cir. 4/8/94) ; 642 So.2d 208, 213 , writ denied, 94-2400 (La.11/29/94); 646 So.2d 404 , the second circuit discussed the purpose for the ten-day period between service and hearing of the motion for summary judgment: The requirement of La.C.C.P. art. 966(B) that the motion for summary judgment be served at least ten days before the time specified for the hearing is designed to give fair notice of the evidentiary and legal bases for the motion. | 1 | 2003–2003 |
Anderson v. Allstate Ins. Co.
green
2 sentences2003In Stewart v. Carter, 33,203, p. 2 (La.App. 2 Cir. 5/10/00); 759 So.2d 297, 298 , citing Anderson v. Allstate Insurance Company, 93-1102 (La.App. 1 Cir. 4/8/94) ; 642 So.2d 208, 213 , writ denied, 94-2400 (La.11/29/94); 646 So.2d 404 , the second circuit discussed the purpose for the ten-day period between service and hearing of the motion for summary judgment: The requirement of La.C.C.P. art. 966(B) that the motion for summary judgment be served at least ten days before the time specified for the hearing is designed to give fair notice of the evidentiary and legal bases for the motion. 2003In Stewart v. Carter, 33,203, p. 2 (La.App. 2 Cir. 5/10/00); 759 So.2d 297, 298 , citing Anderson v. Allstate Insurance Company, 93-1102 (La.App. 1 Cir. 4/8/94) ; 642 So.2d 208, 213 , writ denied, 94-2400 (La.11/29/94); 646 So.2d 404 , the second circuit discussed the purpose for the ten-day period between service and hearing of the motion for summary judgment: The requirement of La.C.C.P. art. 966(B) that the motion for summary judgment be served at least ten days before the time specified for the hearing is designed to give fair notice of the evidentiary and legal bases for the motion. | 1 | 2003–2003 |
Anderson v. Allstate Ins. Co.
green
1 sentence2003In Stewart v. Carter, 33,203, p. 2 (La.App. 2 Cir. 5/10/00); 759 So.2d 297, 298 , citing Anderson v. Allstate Insurance Company, 93-1102 (La.App. 1 Cir. 4/8/94) ; 642 So.2d 208, 213 , writ denied, 94-2400 (La.11/29/94); 646 So.2d 404 , the second circuit discussed the purpose for the ten-day period between service and hearing of the motion for summary judgment: The requirement of La.C.C.P. art. 966(B) that the motion for summary judgment be served at least ten days before the time specified for the hearing is designed to give fair notice of the evidentiary and legal bases for the motion. | 1 | 2003–2003 |
Vardaman v. Baker Center, Inc.
green
1 sentence1999The adverse party may serve opposing affidavits prior to the date of the hearing. " (Emphasis added.) In Vardaman v. Baker Center, Inc., 96-2611, p. 5 (La.App. 1 Cir. 3/13/98); 711 So.2d 727, 730 , the court stated, albeit in another context, that "the obvious purpose of this sequence is to give the party against whom the motion is brought the information needed to oppose it." Although we find that the affidavits were timely, for the following reasons, we disagree with Jacqueline's argument that they create a genuine issue of material fact. | 1 | 1999–1999 |
Strickland v. BOARD OF SUP'RS OF LA. ST. UNIV.
green
1 sentence1999Strickland v. Board of Supervisors of Louisiana State University, 432 So.2d 964 , 966 (La.App. 4th Cir.1983). | 1 | 1999–1999 |
Kidd v. Logan M. Killen, Inc.
green
1 sentence1997Killen, Inc., 93-1322, p. 3 (La.App. 1st Cir. 5/20/94), 640 So.2d 616, 618 . [4] Louisiana Code of Civil Procedure article 966(B) provides: The motion for summary judgment and supporting affidavits shall be served at least ten days before the time specified for the hearing. | 1 | 1997–1997 |
Donnie Derouen Elec. Service v. McKay
green
1 sentence1990She correctly relies on La.C.C.P. art. 996 B which provides in pertinent part: “The motion for summary judgment shall be served at least ten days before the time specified for the hearing.” See Donnie Derouen Electrical Service v. McKay, 406 So.2d 734 (La.App. 3rd Cir.1981). | 1 | 1990–1990 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.