Lee Hoffoss

Civil Procedure I Procedural Flow Chart- 1

FILE PETITION
(Art. 891)
Req. Service with 90 days of filing
Art. 1201(c)

Amendment to Petition
Art. 1151
Anytime before Answer
Incidental Demands
(Anytime before Answer is filed)
If no answer
15 Days elapses
Default Judgment
(Art. 1701)
Declinatory (Art. 925)
2 days
of Default

(Art. 1033)

EXCEPTION FILED

Answer filed

Dilatory (Art. 926)

Peremptory (Art. 927)

Confirmation
If default is against
If state is defendant
Of Default
a party having made
Appearance in record
Trial on Exception (Art. 929)
Art. 1702
Send cert. Copy of minute
Before trial of case
Entry of judgment to Att. Gen.
Art. 1704(a)
Must send certified letter
With notice of judgment
Exception Sustained
Exception Overruled
Art. 1702
Plaintiff must file affidavit
to swear to sending minute entry
Art. 1704(a)
Go to Devolutive or
File notice of intent with
Confirmation within 7 days
Suspensive Appeal
trial court to apply for
Of certified letter if no answer
Supervisory Writs
Is filed Art. 1702
Confirmation within 15 days of
(30 days of judgment)
Certified letter if no answer is
Filed - Art. 1704(b)
Trial Court judge usually
Sets return date of 30 days

ANSWER
Art. 1001 W/in 15 days of service
Art. 1001 If exception filed 10 days if overruled
Art. 1001 10 days after amendment to petition
Art. 4903 10 days for Parish/City Courts
Writ denied
Writ granted
Hearing Set

File Application on return

date set by judge

AMENDMENT TO ANSWER
Art. 1151 W/in 10 days of service of answer
(Case Over)

Affirmed

Reversed

DISCOVERY
INTERROGATORIES
15 Days to Answer
Art. 1458
30 Days to Answer if
included with petition
Art. 1458
Art. 1467

REQ. FOR PRODUCTION

15 Days to Respond
Art. 1462
30 Days to Respond if
included with petition
Art. 1462

REQ. FOR ADMISSION DEPOSITION

MED.AUTH. REQ.

Art. 1466
Art. 1437
15 days of req.
15 Days to Respond
Anytime after 15 days
Art. 1465.1
Art. 1467
of service of petition or w/
30 Days to Respond if permission of court for earlier time
included with petition

MOTION FOR SUMMARY JUDGMENT

Art. 966 Served at least 10 days b/4 hearing
Overruled
Interlocutory Judgment

Granted
Final Judgment

File Notice of intent with trial court

To apply for Supervisory Writs
(30 Days from judgment)

Go to Devolutive or Suspensive Appeal

(See Procedure for Appeals)

(Next Page)

Lee Hoffoss
Civil Procedure I Procedural Flow Chart- 2

Trial Court Judge usually sets return date

Of 30 days
File Application on return date set by judge
Writ denied

Writ Granted
(Hearing Set)

Affirmed

Reversed
(Case Over) (Go to Devolutive or Suspensive Appeal)

PRE-TRIAL CONFERENCE &

PRE-TRIAL ORDER
Art. 1551
After discovery and before trial

TRIAL OF CASE
(Jury or Bench)
MOTION FOR DIRECTED
VERDICT (JURY) OR
INVOLUNTARY DISMISSAL
(JUDGE)
Art. 1810
(After Evidence of Plaintiff)

Granted

JUDGMENT OF COURT

Denied

Go to Appeals

JNOV
7 Days after notice
of judgment
Art. 1811(A)(1)
Judgment Overturned

Denied

NEW TRIAL
7 days after notice
of judgment
Art. 1974
Denied

Granted

If either/any party is dissatisfied w/judgment

APPEAL

File Notice of Intent to Apply for

Appeal with Trial Court Judge

DEVOLUTIVE APPEAL

SUSPENSIVE APPEAL

60 Days after new trial delays

Art. 2087

30 days after new trial delays

Art. 2123

10 days after notice has been

filed with court Art. 2087
APPELLEE OPTIONS
Dismissal for Irregularities
3 days after return date or lodging
of record, whichever is longer
Art. 2162

Answer Appeal (if option or

required)
15 days after return date or date
of lodging of record, whichever
Is longer Art. 2133

Lee Hoffoss
Civil Procedure I Procedural Flow Chart- 3

HEARING OF COURT OF APPEAL

Back to Trial Court
Affirmed

Reversed

If either party is unhappy

REHEARING
14 Days of mailing of notice of
judgment or opinion Art. 2166

Denied

Affirmed

Reversed

If either party is unhappy with judgment

Apply for Writs of Certiorari with the LA Supreme Court

Art. 2166
--30 days of mailing of notice of judgment from Court of Appeal
--30 days of mailing of notice for rehearing
--10 days after mailing of notice by clerk of opponents application

Writs Denied

Writs Granted

CASE OVER
Apply for Writs to
The U.S. Supreme Ct.
(if appeal is worthy)
Affirmed
Reversed

If either party is dissatisfied

REHEARING
14 days of mailing notice of judgment
Art. 2167
Denied

Affirmed

Granted

Reversed

If either party is dissatisfied, may

File writs with U.S. Supreme Court
If appeal is worthy

Hearing

OR