Louisiana Civil Motion Practice Guide

Introduction

Civil motion practice in Louisiana District Court is governed primarily by the Louisiana Code of Civil Procedure (La. C.C.P.), supplemented by applicable District Court rules and statutory law. Understanding Louisiana's motion requirements is essential for both attorneys and pro se litigants, as Louisiana's civil procedure differs in significant ways from federal practice under the Federal Rules of Civil Procedure (FRCP). This guide covers all major motion types, procedural requirements, and best practices in Louisiana District Court litigation.

Motion to Dismiss (Motion Questioning Defective Service or Pleading Insufficiency)

Louisiana's Pleading Standard

Louisiana uses a notice pleading standard similar to federal practice, but with some important distinctions. Under La. C.C.P. art. 862, a petition must contain a short and plain statement of the claim showing that the pleader is entitled to relief. However, Louisiana courts require somewhat more specificity than strict notice pleading—allegations must be clear enough to give fair notice of the claim and its grounds.

Challenging Pleading Sufficiency

A motion to dismiss for failure to state a claim is technically filed under La. C.C.P. art. 893(B) as a motion questioning the sufficiency of the pleading. This motion can raise questions of law, such as whether the petition states a legally cognizable claim. The defendant may also file an answer and raise the defense simultaneously.

Under La. C.C.P. art. 893(C), defects in pleading (such as redundancy, lack of clarity, or misjoinder) can be challenged by motion before filing an answer. However, failure to object waives the defect unless it is "manifest."

Service and Notice Requirements

La. C.C.P. art. 1031 requires that a motion be served at least five (5) days before the hearing date. If service is by mail, add an additional three (3) days. Service may be made by hand delivery, overnight delivery, email (if authorized), or certified mail.

Motion for Summary Judgment

Legal Standard

La. C.C.P. art. 966 governs summary judgment. The moving party bears the initial burden of demonstrating the absence of a genuine issue of material fact. Once met, the burden shifts to the non-movant to establish a genuine material fact issue.

Louisiana courts apply a standard similar to federal practice: a party is entitled to judgment as a matter of law when the pleadings, depositions, answers to interrogatories, admissions, and affidavits show no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Timing and Deadlines

Summary judgment motions should be filed with sufficient notice to allow adequate discovery. La. C.C.P. art. 966(D) generally requires summary judgment motions to be filed at least thirty (30) days before trial, absent good cause shown. Many local rules impose earlier deadlines—check your District Court's specific rules.

Burden of Proof

The burden of proof at trial (preponderance of the evidence in civil cases) does not apply to summary judgment. Instead, the moving party must show an absence of a triable issue. On disputed facts, the non-movant's version is accepted as true if supported by evidence.

Partial Summary Judgment

La. C.C.P. art. 966 permits partial summary judgment on some claims or issues while leaving others for trial. This is common in multi-claim litigation and can narrow the scope of trial.

Supporting Materials

Summary judgment motions must be accompanied by affidavits, excerpts from depositions, admissions, or other materials showing the factual basis. La. C.C.P. art. 1462 addresses affidavits and requires they be made on personal knowledge, contain only admissible evidence, and establish competence.

Motion for Judgment on the Pleadings

La. C.C.P. art. 966(C) provides for judgment on the pleadings when a party believes the pleadings alone demonstrate entitlement to judgment as a matter of law, without requiring factual development. This motion is rarely granted and is appropriate only when the legal insufficiency is clear from the face of the pleadings.

This motion differs from summary judgment because it does not require supporting affidavits or discovery materials—only the pleadings themselves are considered. It must be filed before or with an answer unless the court permits later filing.

Motion to Compel Discovery

Meet-and-Confer Requirement

La. C.C.P. art. 1427 requires that before filing a motion to compel, the moving party must make a good faith effort to obtain the information or materials without court intervention. This should be documented through correspondence, emails, or letters showing the attempt to resolve the discovery dispute.

Filing Procedure

If informal efforts fail, a motion to compel can be filed. La. C.C.P. art. 1427 governs discovery disputes. The motion should specifically identify:

Fee-Shifting

La. C.C.P. art. 1427(D) provides that if a motion to compel is granted, the court must order the party who failed to disclose to pay the movant's reasonable attorney's fees and costs incurred in making the motion, unless the losing party shows:

This creates a strong incentive for parties to respond to discovery requests timely and completely.

Motion in Limine

Timing and Filing

Motions in limine are typically filed before trial to exclude or restrict evidence. While La. C.C.P. does not provide a specific rule for motions in limine, they are common practice and must be filed with sufficient notice to the opposing party.

Most District Courts require motions in limine to be filed at least five (5) to ten (10) days before trial (check local rules). They should include:

Common Topics

Prior Bad Acts and Character Evidence: Under La. C.E. art. 404, evidence of prior acts is generally inadmissible to show character or propensity, but may be admissible for other purposes (motive, opportunity, knowledge, absence of mistake). Motions in limine often address whether prior acts are admissible for proper purposes.

Insurance Coverage: La. C.E. art. 411 prohibits evidence of liability insurance. Motions in limine are frequently filed to exclude any reference to insurance.

Settlement Discussions: La. C.E. art. 408 excludes evidence of settlement offers or negotiations. Counsel often files preventive motions in limine to protect settlement discussions made during mediation or negotiations.

Damages Calculations and Argument: Motions in limine may restrict opposing counsel's damages theories or prevent speculation about future damages.

Motion for Default Judgment

Procedure When Defendant Fails to Answer

If a defendant fails to answer or otherwise respond to the petition within the time allowed (La. C.C.P. art. 1001 provides fifteen (15) days from service), the plaintiff may seek a default judgment under La. C.C.P. art. 1655.

Before seeking default, the plaintiff must typically provide notice to the defendant or his attorney. A motion for default must:

Notice and Hearing

La. C.C.P. art. 1655(B) requires a judgment by default only after the defendant has been properly served and the time to answer has expired. The court must issue a judgment declaring default and setting the case for a hearing on damages unless damages are liquidated and undisputed.

Proving Damages

If damages are not liquidated (readily calculable), the plaintiff must prove damages at a hearing. La. C.C.P. art. 1655(C) provides that the plaintiff must prove the amount of damages by evidence. The defendant may appear to contest the damages amount but cannot challenge the underlying liability once default is entered.

Damages must be established by competent evidence—affidavits, testimony, medical records, pay stubs, invoices, or other documentary evidence depending on the claim.

Motion to Amend Complaint

Standard for Leave to Amend

La. C.C.P. art. 867 governs amendments to pleadings. A party may amend once as a matter of right before an answer is filed. After an answer is filed, amendments require written consent of all parties or leave of court.

The court should liberally grant leave to amend unless prejudice is shown. Louisiana follows the federal approach favoring amendment, but the court will consider:

Relation Back Doctrine

La. C.C.P. art. 869 provides that amendments relate back to the original pleading date if:

Relation back is crucial in amending complaints to add new defendants or claims, as it prevents new statutes of limitations from running against the original filing date.

Motion for Temporary Restraining Order and Preliminary Injunction

Requirements for Preliminary Injunction

La. C.C.P. art. 3607 governs preliminary injunctions. To obtain a preliminary injunction, the applicant must demonstrate:

Temporary Restraining Orders (TROs)

La. C.C.P. art. 3606 permits TROs without notice to the opposing party in emergency situations. A TRO may be issued ex parte if the court finds:

A TRO without notice lasts for a maximum of ten (10) days and may be extended once for an additional ten (10) days only if the applicant shows good cause. The applicant must promptly serve the opposing party and hold a full hearing on the preliminary injunction.

Burden and Standard

The burden is on the applicant to prove all four elements. Louisiana courts require clear and convincing evidence of irreparable harm—mere inconvenience or economic loss is insufficient.

Motion to Change Venue or Transfer

Grounds for Transfer

La. C.C.P. art. 3421 permits transfer of venue when:

La. C.C.P. art. 3421(B) provides that a defendant may move to transfer venue, and the motion should be filed before or with the answer (failure to include it in the answer constitutes waiver in some circumstances).

Forum Non Conveniens

A party may seek transfer based on forum non conveniens if the chosen forum is inconvenient. The court will consider:

A motion to transfer must be supported by affidavits showing inconvenience.

Motion to Consolidate or Sever

Consolidation

La. C.C.P. art. 3651 permits consolidation of actions involving common questions of law or fact. The court will consolidate suits when it promotes convenience and avoids prejudice.

A motion to consolidate is filed in the court where one of the actions is pending and should identify all actions to be consolidated, showing commonality of issues.

Severance

La. C.C.P. art. 3652 permits severance of claims or parties when separate trials are convenient and would avoid prejudice. This is common when one defendant's liability is distinct from others, or when severing claims would avoid confusing the jury.

Motion for Continuance

La. C.C.P. art. 1631 governs continuances. A party seeking to postpone trial or a hearing must file a motion showing:

Grounds for continuance include:

The court has discretion to grant or deny a continuance and must balance the party's needs against the interests of justice and efficient court management.

Post-Trial Motions

Motion for New Trial

La. C.C.P. art. 1971 establishes the procedure for motions for new trial. The motion must be filed within thirty (30) days after judgment is signed. Grounds include:

The motion must specifically identify the grounds and provide legal authority. In bench trials, the trial judge may consider the motion based on the trial record and findings.

Motion for Judgment Notwithstanding the Verdict (Judgment as a Matter of Law)

La. C.C.P. art. 1969 permits a party to move for judgment as a matter of law (similar to federal JNOV). The motion must be filed within thirty (30) days after judgment.

The party moving must show that, viewing the evidence in the light most favorable to the non-moving party, no reasonable factfinder could render the verdict given. This is a high burden and is rarely granted.

The motion must have been preceded by a motion for directed verdict at trial (or contemporaneous objection), or it may be waived.

Motion to Alter or Amend Judgment

La. C.C.P. art. 1973 permits a motion to alter or amend the judgment within thirty (30) days after the judgment is signed. This motion is used to correct manifest errors in the judgment, such as:

This motion does not extend the time to appeal and must be clearly distinguished from a motion for new trial.

Deadlines and Notice

All post-trial motions must be filed within thirty (30) days after judgment is signed. Notice must be served on the opposing party as required by La. C.C.P. art. 1031 (at least five (5) days before hearing).

Failure to timely file post-trial motions generally forecloses appellate review of certain issues, so strict compliance with deadlines is critical.

General Motion Practice Requirements

Format and Content Requirements

Louisiana has specific formatting expectations for motions, though they are somewhat less prescriptive than federal local rules. A proper motion should include:

Page and Word Limits

Louisiana does not impose strict page limits in La. C.C.P., but many District Court local rules limit memoranda to 10-15 pages. Check your specific Court's rules. The state Supreme Court Rules impose 25-page limits on briefs in appellate practice, which may inform District Court standards.

Filing and Service

La. C.C.P. art. 1031 requires service of motions. Most Louisiana courts now require e-filing through a court's electronic filing system (JUSTIS, LouisianaCourt Clerk Systems, etc.). Paper filing is generally not permitted in courts with e-filing systems, except in limited circumstances (pro se litigants without internet access, sealed documents).

Service may be accomplished by:

Notice Requirements and