Louisiana Motion to Compel and For Attorney's Fees and Expenses

State:
Multi-State
Control #:
US-MOT-01420
Format:
Word; 
Rich Text
Instant download

Description

This form is a Motion to Compel and for Attorney's Fees and Expenses. Plaintiff requests that the court compel the defendant to respond to certain interrogatories and produce certain documents for review. The plaintiff also demands that the court compel defendant to pay all attorney's fees and expenses. The form also contains a Certificate of Service.
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FAQ

Service of subpoena. A. Except as provided in Paragraph B of this Article, a subpoena shall be served and a return thereon made in the same manner and with the same effect as a service of and return on a citation.

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 subpoena may order a person to appear and produce at the trial, deposition, or hearing, books, papers, documents, any other tangible things, or electronically stored information, in his possession or under his control, if a reasonably accurate description thereof is given.

Rule 9.5 - Court's Signature; Circulation of Proposed Judgment; Request for Reasons for Judgment (a) All judgments, orders, and rulings requiring the court' s signature shall either be presented to the judge for signature when rendered or, if presented later, contain the typewritten name of the judge who rendered the ...

Rule 9.8 - Exceptions and Motions (a) Contradictory Exceptions and Motions. All exceptions and motions, including those incorporated into an answer, shall be accompanied by a proposed order requesting that the exception or motion be set for hearing.

When no rule for a particular situation can be derived from legislation or custom, the court is bound to proceed ing to equity. To decide equitably, resort is made to justice, reason, and prevailing usages.

Rule 9.10 - Motions for Summary Judgment (a) A memorandum in support of a motion for summary judgment shall contain: (1) A list of the essential legal elements necessary for the mover to be entitled to judgment; (2) A list of the material facts that the mover contends are not genuinely disputed; and (3) A reference to ...

If a party fails to timely serve a memorandum, thus necessitating a continuance to give the opposing side a fair chance to respond, the court may order the late-filing party to pay the opposing side's costs incurred on account of the untimeliness.

Production of documents and things; entry upon land; procedure. A. The request under Article 1461 may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the petition upon that party.

Rule 10.1 of the Rules for Louisiana District Courts requires that a party seeking to file a discovery motion must attempt to arrange a conference with the opposing party to try to amicably resolve the dispute prior to seeking judicial intervention.

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Louisiana Motion to Compel and For Attorney's Fees and Expenses