What is a 701 motion in Louisiana?

Both the defendant and the State have the right to a speedy trial, as outlined in Article 701 of the Louisiana Code of Criminal Procedure. A defendant's motion for a speedy trial must be accompanied by an affidavit from the defendant's counsel certifying that the defendant and counsel are prepared to proceed to trial.

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Louisiana Judgment on Motion to Traverse

New Orleans Louisiana Judgment on Motion to Traverse

Name: New Orleans Louisiana Judgment on Motion to Traverse
Brand: US Legal Forms
Rating: 4.84 (288 reviews)

Category:

Louisiana Civil Procedure - Indigency

State:

Louisiana

City:

New Orleans

Control #:

LA-5308

Format:

Instant download

Description

This is an example of a Judgment on a Motion to Traverse the Indigent Appointment of the defendant, filed by the Indigent Defender Board. The court notes that the defendant was served with a notice of hearing for a particular date and, after reviewing all pleadings and considering all evidence, abduced at the hearing on the matter. The court orders that the indigent appointment be traversed and the defendant be required to obtain his own counsel in the defense of the matter.

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FAQ

The judge could order a fine of up to $500 and imprisonment for up to six months.

Louisiana is the only Civil law jurisdiction in the United States. Louisiana gets its Civil law legal system from its colonial past as a possession of two Civil law countries, Spain and France. It may be better to think of Louisiana's legal system as a hybrid consisting of both Civil and Common law influences.

A ?delictual action? is a tort action or an action seeking damages for injury caused by the act of another. The Plaintiff, conversely, opposed the exception by arguing a bad faith claim against an insurer is a contractual action and subject to a ten-year prescriptive period.

Three different modes of procedure are used in civil matters in the trial courts of this state: ordinary, summary, and executory.

This process gets more complicated the more serious the crime, but generally, not counting weekends and holidays, the majority of people will not be held longer than 72 hours before being charged and set bail. Staying in jail for 72 hours without being charged and set bail is the worst-case scenario.

A summary judgment may be rendered dispositive of a particular issue, theory of recovery, cause of action, or defense, in favor of one or more parties, even though the granting of the summary judgment does not dispose of the entire case as to that party or parties.

Both the defendant and the State have the right to a speedy trial, as outlined in Article 701 of the Louisiana Code of Criminal Procedure. A defendant's motion for a speedy trial must be accompanied by an affidavit from the defendant's counsel certifying that the defendant and counsel are prepared to proceed to trial.

Louisiana is a fact-pleading state. Accordingly, Louisiana law requires that a petition contain ?a short, clear and concise statement of all causes of action and material facts arising out of the transaction or occurrence that is the subject matter of the litigation.? See La. C.C.P.

Summary proceedings are those which are conducted with rapidity, within the delays allowed by the court, and without citation and the observance of all the formalities required in ordinary proceedings. Disclaimer: These codes may not be the most recent version. Louisiana may have more current or accurate information.

If you are in jail, the District Attorney must file charges within 45 days of your arrest. If you have bonded from jail, the District Attorney must file charges within 90 days of your arrest.

Interesting Questions

A Motion to Traverse is a legal request made by one party to challenge the accuracy, truthfulness, or legality of certain claims or documents presented by the opposing party. The court then reviews the evidence and arguments presented by both sides before issuing a Judgment on Motion to Traverse, which determines whether the challenged claims or documents are valid or not.

More info

Defendant, and the district court granted the motion. Hammett, 145 So. 38 (La. App. 1932).Before the Court is a Motion for Summary Judgment (Rec. Doc. Rule 33. And we fought the bloody British in the town of New Orleans. Bank wants to get money judgment in Louisiana against defendant. Procedure? In Tax from the University of Alabama in 2010. National Workshop for Bankruptcy Judges I, New Orleans, Louisiana. Offshore Domestic Group, New Orleans, Litigation 86-CA-701, 86-CA-702.

New Orleans Louisiana Judgment on Motion to Traverse

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