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The function of the exception of no right of action is to determine whether the plaintiff belongs to the class of persons to whom the law grants the cause of action asserted in the suit.
On the trial of a motion to suppress filed under the provisions of this Article, the burden of proof is on the defendant to prove the ground of his motion, except that the state shall have the burden of proving the admissibility of a purported confession or statement by the defendant or of any evidence seized without a ...
(1) A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States or Louisiana Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff ...
Louisiana Laws - Louisiana State Legislature. A. (1) A party may move for a summary judgment for all or part of the relief for which he has prayed. A plaintiff's motion may be filed at any time after the answer has been filed.
The court may either exclude the spoiled evidence or provide for an adverse presumption that the spoiled evidence was unfavorable to the spoliator. In order to find spoliation it must first be establish a duty to preserve the evidence and second that the evidence was destroyed with nefarious intent.
(2) The court, on its own motion, may dismiss an action without prejudice when all the parties thereto fail to appear on the day set for trial; however, when a case has been dismissed pursuant to this provision and it is claimed that there is a pending settlement, either party may reinstate the suit within sixty days ...
(2) Any opposition to the motion and all documents in support of the opposition shall be filed and served in ance with Article 1313 not less than fifteen days prior to the hearing on the motion.
All pleadings requiring the signature of a judge in cases which have not been allotted to a division, or pleadings in allotted cases after rendition of judgment, shall be filed in the with Clerk of Court and left there to be signed by the duty judge.