Louisiana Complaint for Correction and Reformation of Judgment on the Ground of Mistake

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Multi-State
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US-01529BG
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A trial court is vested with broad discretion to correct error. This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

A Louisiana Complaint for Correction and Reformation of Judgment on the Ground of Mistake is a legal document filed by a party who believes that there has been an error or mistake in a previous court judgment. This complaint is a formal request to the court to correct or reform the judgment based on the alleged mistake. It is important to note that there may be different types or circumstances under which this type of complaint can be filed in Louisiana. Some of these types may include: 1. Mutual Mistake: This type of complaint arises when both parties to a contract or agreement made a mistake that affects the terms of the judgment. The party filing the complaint proposes that the court correct the judgment to reflect the true intentions of the parties. 2. Unilateral Mistake: In this situation, only one party to a contract or agreement made a mistake that influenced the judgment. The complainant seeks to reform the judgment to rectify the error made by him/herself or the opposing party. 3. Clerical Errors: This type of complaint relates to mistakes made by court staff or clerks while transcribing or recording the judgment. The party filing the complaint contends that a correction is necessary to align the judgment with the original court decision. 4. Mistake in Application of Law: A complaint based on a mistake in the application of law occurs when the court has made an erroneous interpretation or application of the law, leading to an improper judgment. The party filing the complaint asserts that a correction is warranted to ensure justice and lawful application. The purpose of filing a Louisiana Complaint for Correction and Reformation of Judgment on the Ground of Mistake is to seek fairness and accuracy in legal proceedings. It enables parties to address errors in judgments that may have substantial consequences and potentially adversely affect their rights or interests. By providing the court with detailed information about the mistake and offering relevant evidence to support the claim, the complainant aims to have the judgment corrected or reformed, thus achieving a just outcome. Keywords: Louisiana, Complaint for Correction, Reformation of Judgment, Ground of Mistake, legal document, error, previous court judgment, formal request, alleged mistake, circumstances, mutual mistake, unilateral mistake, clerical errors, mistake in application of law, fairness, accuracy, legal proceedings, parties, rights, interests, detailed information, evidence, just outcome.

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Art. 154. A judge is permitted to deny a motion to recuse without appointment of an ad hoc judge and without a hearing if the motion fails to set forth valid grounds for recusal under article 151. The judge must now, however, provide written reasons for the denial.

(1) An individual who is domiciled in the state shall be brought in the parish of his domicile; or if he resides but is not domiciled in the state, in the parish of his residence.

Article 42 of the Code of Civil Procedure establishes the basic rule of venue: a defendant is to be sued in the parish of his domicile. The Code does establish exceptions to this basic principle, however, in the interest of providing a convenient place for trial.

Louisiana Laws - Louisiana State Legislature. An action for the recovery of damages for an offense or quasi offense may be brought in the parish where the wrongful conduct occurred, or in the parish where the damages were sustained.

On motion to compel discovery or for a protective order, the party from whom discovery is sought shall show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause.

A plaintiff may amend his petition without leave of court at any time before the answer thereto is served. He may be ordered to amend his petition under Articles 932 through 934. A defendant may amend his answer once without leave of court at any time within ten days after it has been served.

An action on a health and accident insurance policy may be brought in the parish where the insured is domiciled, or in the parish where the accident or illness occurred. An action on any other type of insurance policy may be brought in the parish where the loss occurred or the insured is domiciled.

Persons may not by their juridical acts derogate from laws enacted for the protection of the public interest. Any act in derogation of such laws is an absolute nullity. Acts 1987, No.

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Louisiana Complaint for Correction and Reformation of Judgment on the Ground of Mistake