Overview
Ex Parte Orders
Temporary Restraining Orders Without
Notice
Memos
Standing Pre-Trial Orders - Jury
Trials
Status Conferences
Special Rules for Child Custody
Trials
The staff of Division G aspires to the highest principles of professionalism; I expect those who practice in this division to do so as well. However, I recognize the stresses of our professions. I am understanding of the occasional misstep. I hope that those who come to my court are tolerant of our failings as well.
I consider all officers of the court under oath at all times. I take all assertions as true unless there is good reason to believe otherwise.
Familiarity with the Rules of the 16th Judicial
District is expected. It may be useful to point out a few of my practices
which may not be universal in the district courts.
Only the most routine ex parte orders, such as motions to fix for trial and to enroll as counsel, are granted without the signature of all counsel or an attorney's assertion that there is no opposition thereto. For example, attorneys are encouraged to confer with opposing counsel prior to submitting a request for leave of court to exceed the number of interrogatories provided in C.C.P. art. 1457. If I am told that there is no opposition, I sign. Otherwise, I ask that the mover arrange a telephone conference or set the matter for contradictory hearing.
It is not the obligation of the court to determine
if an ex parte motion is opposed. It is the obligation of the mover.
Temporary Restraining Orders Without Notice
There is no "Duty Judge" in the 16th Judicial District. It is the general practice for each judge to handle the emergencies of his/her own division. For that reason I prefer that a case be allotted, and an effort made to find the appropriate judge, before I will consider emergency matters which have not been allotted to Division G.
In Division G, the requirements of C.C.P. art 3603 (Temporary Restraining Orders in general civil cases) and of R.S. 3945 (Temporary custody of children) are strictly observed. Similarly, this division enforces the requirement of R.S. 9:374 for a contradictory hearing before an award of use and occupancy of a family residence which is community property.
An exception to the general requirement for notice before an award of temporary custody or use of the family residence is found in Protective Orders for Domestic Abuse - R.S. . These protective orders follow an expedited schedule; therefore, this division requires petitions for this relief be presented in a separate pleading, preferably on the forms provided by the Clerks of Court, rather than incorporated into the body of an action for divorce.
Rule 7.1 requires that an adequate brief (or financial declaration if the only issue is support) be attached to motions to fix rules, exceptions, and motions for summary judgment. This rule is strictly observed.
Although C.C.P. 966 allows adversaries to a Motion for Summary Judgment to serve opposing affidavits "prior to the date of hearing", the rule of the 16th District requires response memoranda five days before hearing. It is the view of this court that all material be in the hands of the opposing parties and the court in adequate time for proper preparation. Five days allows time for the material to find its way to these circuit judges.
Standing Pre-Trial Orders - Jury Trials
With the Notice of Fixing of Jury Trial, the Clerk
of Court sends a copy of the Standing Pre-Trial Order of Division G. The
requirements for preparation of the Pre-Trial Stipulation and a Notice
of a Pre-Trial Conference are included. All
Pre-Trial Conferences will be heard in New Iberia, Iberia Parish.
The Rule 8.1 of the 16th Judicial District requires
that the attorney submitting a Motion to Fix for trial certify that all
discovery is complete. The Rule provides an exception to this requirement
in jury cases when there has been a Scheduling Order. In Division G, that
exception is in effect for bench trials as well. Attorneys are encouraged
to contact the Law Clerk of Division G for the scheduling
of a telephone conference to set deadlines for discovery and gain approval
for obtaining a trial date.
Special Rules for Child Custody Trials
In accordance with Rule 7.2, contested custody cases are not heard on a civil motion day but must be fixed on the regular civil docket..
With fixing of a contested custody case, the attorneys receive notice to contact the Law Clerk of Division G. Special rules are in effect. In general, this court discourages extended court contests for the determination of custody as this process adversely impacts the ability of both parents to cooperate for the best interests of the child. The use of mediation and evaluation with the goal of achieving an acceptable resolution outside the courtroom is preferred.
This court also requires that the attorneys have teachers, nurses, and others who serve children "on call" rather than taken from their work for hours of fruitless waiting.
RULE 7: CONFIRMATIONS, CIVIL RULES, EXCEPTIONS, SUMMARY MATTERS AND TRIALS ON MERITS
7.1 When a party moves to set for hearing a rule, exception, motion for summary judgement or other preliminary matter, he shall attach an adequate brief or financial declaration to that motion; otherwise, the Court will decline to sign the order setting the matter for a hearing. The other parties shall file their response memorandum at least five days prior to the hearing. With respect to trials on the merits, all parties will file pre-trial memoranda at least five days prior to the date on which t he merits are fixed for trial.
In all alimony cases, counsel shall file a financial declaration of the client on forms to be supplied by the office of the Clerk of Court. In all child support cases, counsel shall file the worksheet required by LSA-R.S. 9:315:2. These affidavits shall serve as pre-trial memoranda if the only contested issues are the amounts of alimony and/or child support.
The original memorandum or declaration is to be filed in the record. Copies are to be sent by United States mail, postage prepaid, to all parties to the action or their counsel of record and to the Judge of division at home chambers.
The memorandum shall set forth the date and place of trial in the first sentence of the first paragraph. That same information shall be set forth where indicated on the declaration. the memorandum shall also set forth a statement of the facts and the law applicable to the contested matters of the case.
Failure to file and distribute said memorandum or declaration shall subject said party to discipline by the Court. This discipline may take the form of an assessment of costs and/or, after having been warned on a previous occasion, the attorney for the party may be held in contempt of court. In the event both parties fail to fulfill the pre-trial requirement, the matter will be continued.
7.2 All rules, motions and exceptions shall be tried on those days, designated for rules on the court calendar; provided, however, that any civil rule requiring extended testimony shall be fixed on the regular civil docket.
RULE 8: ASSIGNING CIVIL CASES FOR TRIAL
8.1 Civil cases shall be fixed for trial upon the motion of a party in interest certifying to the Court that:
a. All issues have been joined,
b. All depositions, interrogatories, and other discovery have been completed,
c. All exceptions, motions for summary judgement, etc. filed, except those which may have been referred to the merits, have been disposed of,
d. The parties have discussed seriously a settlement or compromise of the action, without avail,
e. The case is ready for trial on the merits, and
f. In civil jury cases, the time for filing bond for costs has been set.
g. ______ days will be required for trial. If no number is requested, one trial day will be assigned. In the event the case is not concluded in the number of days allotted for trial, the case will not be continued the following day but must be refixed for additional trial days.
The Clerk of Court is authorized to return motions to fix in which a), c) or f) are not satisfied or the certificate is incomplete.
The certification shall be made in writing and all opposing parties and/or their counsel shall be mailed a copy of said certification by the office of the Clerk of Court. Any party opposing said motion shall do so within ten days after mailing of the notice. Any opposition shall be in the form of a motion to traverse the trial date and any party not timely filing said motion to traverse within the ten day period shall be deemed to have acquiesced in the trial date and in the fact that the case is ready for trial.
In civil jury cases, the following procedure may be used in lieu of the motion and certification provided for hereinabove. When all issues have been joined, any party in interest may move the court for a scheduling conference for the purpose of settling deadlines and dates for (by way of illustration, but not exclusively) filing bond for costs, discovery, filing of reports of experts, exchange of information (such as medical lists), filing of exceptions and motions, hearing of exceptions and motions, settlement conference, pre-trial conference, and date(s) of trial; to insure the orderly but expeditious progress of the case to trial.
8.2 On motion of any party, or on its own motion, the court may order a pre-trial conference. The pre-trial procedure shall be in accordance with Code of Civil Procedure Article 1551, and may be supplemented by order of the Trial Judge.
At the pre-trial conference all counsel shall be fully prepared to inform the Court on all matters pertinent to the issues. If unable to attend the pre-trial conference, trial counsel shall be represented by other counsel who shall be authorized to enter into stipulations, agreements, admissions of the fact or law and able to discuss all issues of the case, including settlement.
8.3 It is the obligation of the attorney for the plaintiff to notify the docket clerk and the Trial Judge immediately when a case that is fixed for trial is settled or continued.
8.4 A motion for continuance shall indicate that the mover has contacted all counsel and shall indicate whether or not counsel consents or objects to the continuance. Continuances are not favored as they are a disservice to the litigants and will be granted only in exceptional circumstances.
8.5 In the event special fixings are agreed to by the Court and the parties, it is the obligation of the attorney for the plaintiff or mover to notify the Clerk of Court and to then make arrangements as necessary, such as for Court Reporter, Minute Clerk, and courtroom location.
Amended effective March 6, 1989; Sept 24, 1992