contradictory hearing in Louisiana

2025When the trial court does not conduct a contradictory hearing, “the court will decide the matter on a record comprised of ‘pleadings, memoranda, and discovery depositions taken’ in the matter.’” Jacobsen, 2012-655, pp. 6-7, 119 So.3d at 775 - 76 (quoting de Reyes, 586 So.2d at 109 ).

2017In de Reyes v. Marine Management and Consulting, Ltd., 586 So.2d 103 (La. 1991), the Louisiana Supreme Court subdivided the method of proving an exception of lack of personal jurisdiction into two categories—with a contradictory hearing and without such a hearing.

2019Farrar v. Haedicke, 97-2923 (La. 12/2/97), 702 So.2d 690 (per curiam).

2019Farrar v. Haedicke, 97-2923 (La. 12/2/97), 702 So.2d 690 (per curiam).

2009In Revere v. Layrisson, 593 So. 2d 397, 399 (La.

1994Title Research Corp. v. Rausch, 450 So.2d 933 (La.1984) Generally, Louisiana law forbids the disclosure of records held by the district attorney that are: “Records pertaining to pending criminal litigation or any criminal litigation which can be reasonably anticipated, until such litigation has been finally adjudicated or otherwise settled.” La.R.S. 44:3(A)(1). 1 Whenever a civil litigant seeks the production of documents or other items in a district attorney’s file, Louisiana law provides: “Whenever the same is necessary, judicial determination pertaining to compliance with this section or wi

2018See Williams, 671 So.2d at 902 .

2000Id. [8] The two relevant statutes concerned with notice to the attorney general are La.Code Civ.

1984We further note the case of Gervais v. Falgoust, 285 So.2d 583, 587 (La.App. 4th Cir. 1973) which held a trial court could grant a new trial without a contradictory hearing if it was convinced by the motion that the party is entitled thereto.

1980There is no abuse or denial of due process in refusing a contradictory hearing. *951 Sonnier v. Liberty Mutual Insurance Company, 258 La. 813 , 248 So.2d 299 (1971); Borras v. Falgoust, 285 So. 583 (La.App. 4th Cir. 1973), writ denied, La., 289 So.2d 161 , cert. denied 419 U.S. 854 , 95 S.Ct. 97 , 42 L.Ed.2d 86 .

2024App. lst Cir. 8/10/00), 767 So.2d 882, 883-84 (per curiam), this court found that the lack of an affidavit was not fatal to relator’s motion to dismiss because a contradictory hearing, ultimately, had been held and both sides were afforded the opportunity to present evidence and argument.

2022App. 1st Cir. 8/ 10/ 00), 767 So. 2d 882 , 883- 884, held that the lack of an affidavit was not fatal to the defendant' s motion to dismiss for abandonment because a contradictory hearing had taken place in the trial court.

2018App. 3 Cir. 11/7/07), 969 So.2d 1274 , 1276 (State was entitled to a contradictory hearing on motion to quash); State v. Stewart , 02-0196 (La.

2018State in Interest of M.J. , 14-0622, p. 15, fn. 10 (La.App. 4 Cir. 2/4/15), 160 So.3d 1040 , 1049 (noting trial court erred in failing to hold a hearing on the merits of a motion to quash); State v. Nguyen , 14-639, p. 17 (La.App. 3 Cir. 11/5/14), 150 So.3d 562 , 572 (granting motion to quash without a hearing was improper); State v. Sensat , 07-425, p. 4 (La.App. 3 Cir. 11/7/07), 969 So.2d 1274 , 1276 (the state was entitled to a contradictory hearing on motion to quash); State v. Stewart , 02-0196 (La.App. 3 Cir. 10/2/02) , 827 So.2d 1277 , 1281-82 ( La.

2023See Citadel Builders, L.L.C. v. Dirt Worx of Louisiana, L.L.C., 2014- 2700 ( La. 5/ 1/ 15), 165 So. 3d 908 , 910 8 For the foregoing reasons, we vacate the portion of the August 17, 2021 judgment denying Tyrone' s motion as well as the March 3, 2022 judgment distributing the funds of the Gasquet settlement.

2018The Supreme Court determined that a contradictory hearing was necessary, because "plaintiff's motion to strike was based, in part, on the allegation that the answer filed on behalf of defendant was filed by an individual who is not licensed to practice law, an allegation that clearly requires supporting proof, yet a review of the record reveals no proof was offered or received." Id. at 910-11 .

2026See Hancock Bank of Louisiana v. Robinson, 2020- 0791 ( La. Apr). 1st Cir. 3/ 11/ 21), 322 So. 3d 307 ( finding that it is improper for the trial court to set a motion to dismiss on the basis of abandonment for contradictory hearing instead of signing an order of dismissal ex parte as required by La. Code Civ. P. 561) . this matter is art.

2024Hancock Bank, 322 So. 3d at 312.

2025Watermeier v. Watermeier, 462 So. 2d 1272, 1273 (La.

2025R.S. 9: 345( B). 3 See Watermeier v. Watermeier, 462 So. 2d 1272, 1275 ( La.

2023That is an issue to be decided at an Article 508 hearing. 2 Citing federal jurisprudence, Mr. Kinney argues Article 508 does not require a contradictory hearing prior to issuing a subpoena to an attorney because consideration of the matter at the 4 See Porter, 218 So. 3d at 157 ( finding a district court abused its discretion in finding the failure to hold a contradictory hearing before issuing a subpoena to an attorney was not grounds to quash the subpoena); Renton Properties, LLC v. 213 Upland, LLC, 21- 734 ( La.

2022Similarly, on February 3, 2021, the court denied as premature the respondent’s motion to compel testimony of the relator. 2 “Louisiana Code of Evidence article 508(A) provides that in a subpoena of a lawyer in a civil case the trial court shall conduct a contradictory hearing to determine that the information sought is not protected from disclosure by any applicable privilege or work product rule.” Porter v. Baton Rouge Police Dep't, 16-0625 (La. App. 1 Cir. 4/12/17), 218 So.3d 150, 157 (emphasis in original).

2020The proper legal standard for determining whether a criminal defendant is competent to stand trial was set forth in State v. Carmouche, 01- 0405, pp. 29-30 (La. 5/14/02), 872 So.2d 1020, 1041 (subsequent history omitted): A criminal defendant has a constitutional right not to be tried while legally incompetent.

2020The proper legal standard for determining whether a criminal defendant is competent to stand trial was set forth in State v. Carmouche, 01- 0405, pp. 29-30 (La. 5/14/02), 872 So.2d 1020, 1041 (subsequent history omitted): A criminal defendant has a constitutional right not to be tried while legally incompetent.

2002However, the Louisiana Supreme Court in Sonnier v. Liberty Mutual Insurance Company, 258 La. 813 , 248 So.2d 299 (1971) held that in absence of a clear showing in motion for new trial of facts or law reasonably calculated to change outcome or reasonably believed to have denied plaintiff a fair trial, trial court properly denied the motion summarily without holding a contradictory hearing.

2002However, the Louisiana Supreme Court in Sonnier v. Liberty Mutual Insurance Company, 258 La. 813 , 248 So.2d 299 (1971) held that in absence of a clear showing in motion for new trial of facts or law reasonably calculated to change outcome or reasonably believed to have denied plaintiff a fair trial, trial court properly denied the motion summarily without holding a contradictory hearing.

2018State in Interest of M.J. , 14-0622, p. 15, fn. 10 (La.App. 4 Cir. 2/4/15), 160 So.3d 1040 , 1049 (noting trial court erred in failing to hold a hearing on the merits of a motion to quash); State v. Nguyen , 14-639, p. 17 (La.App. 3 Cir. 11/5/14), 150 So.3d 562 , 572 (granting motion to quash without a hearing was improper); State v. Sensat , 07-425, p. 4 (La.App. 3 Cir. 11/7/07), 969 So.2d 1274 , 1276 (the state was entitled to a contradictory hearing on motion to quash); State v. Stewart , 02-0196 (La.App. 3 Cir. 10/2/02) , 827 So.2d 1277 , 1281-82 ( La.

2016State in Interest of M.J., 14-0622, p. 15, fn. 10 (La.App. 4 Cir. 2/4/15), 160 So.3d 1040, 1049 (noting trial court erred in failing to hold a hearing on the merits of a motion to quash); State v. Nguyen, 14-639, p. 17 (La.App. 3 Cir. 11/5/14), 150 So.3d 562, 572 (granting a motion to quash without a hearing was improper); State v. Sensat, 07-425, p. 4 (La.App. 3 Cir. 11/7/07), 969 So.2d 1274, 1276 (State was entitled to a contradictory hearing on motion to quash); State v. Stewart, 02-0196 (La.App. 3 Cir. 10/2/02) , 827 So.2d 1277, 1281-82 (art. 537 implicitly mandates a hearing); State v. Lo

2025Subsequently, we determined that Jacobsen does not stand for 1 the proposition enunciated in Senior; rather, according to Jacobsen, if the trial court did not conduct a contradictory hearing regarding an exception of lack of personal jurisdiction, then “the court will decide the matter on a record comprised of ‘pleadings, memoranda, and discovery depositions taken’ in the matter.’” 2012- 655, pp. 6-7, 119 So.3d at 775-76 .

2025App. 5 Cir. 5/30/13), 119 So.3d 770 , for the specific proposition regarding evidence submitted at a contradictory hearing.

2024App. 4 Cir. 12/14/16), 206 So. 3d 1245 .

2017Generally, “[a] mandamus action for production of a public record requires a contradictory hearing.” Lens v. Landrieu, 16-0639, p. 4 (La.App. 4 Cir. 12/14/16), 206 So.3d 1245, 1248 (citing Fussell v. Reed, 95-0398, p. 3 (La.App. 1 Cir. 11/9/95), 664 So.2d 1214, 1216 ).

2018Accordingly, we review the motion for new trial and attendant affidavits to analyze whether "the allegations in the motion were such as would 'clearly require' a contradictory hearing." Evans v. Ivy , 428 So.2d 886 , 888 (La.App. 1 Cir.1983).

2002Accordingly, we review the motion for new trial and attendant affidavits to analyze whether "the allegations in the motion were such as would `clearly require' a contradictory hearing." Evans v. Ivy, 428 So.2d 886, 888 (La.App. 1 Cir.1983).

2016The Louisiana Supreme Court described a contradictory hearing as one that provides “an opportunity for cross-examination and presentation of evidence.” In re Matter Under Investigation, 07-1853, p. 29 (La. 7/1/09), 15 So.3d 972, 992 (explaining what is required at a contradictory hearing on an asserted La.

2010Accordingly, the determination of whether criminal litigation is reasonably anticipated within the meaning of La.Rev.Stat. 44:3 is made within the context of a contradictory hearing to provide an opportunity for the presentation of evidence and cross-examination of witnesses because “[t]he determination must rest on more than an assertion by the prosecutorial authority that criminal litigation is or is not reasonably anticipated.” In re Matter Under Investigation, 2007-1853, p. 29 (La.7/1/09), 15 So.3d 972, 992 .

1998See Freeman, 498 So.2d at 225-26 .

1990In Freeman we held that LSA-R.S. 44:3 requires a contradictory hearing and a "meaningful opportunity... for cross-examination and other evidentiary processes to contradict the claim of privilege." Id. at 225 .

1994As we stated in Morvant, "Evidence is therefore admissible to determine what the parties intended to regulate by the transaction or compromise." 578 So.2d at 554-555 .

1993Succession of Morvant, 578 So.2d 549 (La.App. 3rd Cir.1991).