Assigning Civil Cases for Trial
In the 16th Judicial District Court, you may have your civil bench set for trial as follows. You may have your civil jury trial set in one of two ways, the first being the same as civil bench trials. Any request to set for trial using the below procedure will not be accompanied by a scheduling order since all matter that necessitate a scheduling order have been certified as complete.
Civil cases shall be fixed for trial upon the motion of a party in interest certifying to the Court that:
The certification shall be made in writing and all opposing parties and/or their counsel shall be mailed a copy of said certification by the office of the Clerk of Court. Any party opposing said motion shall do so within ten days after mailing of the notice. Any opposition shall be in the form of a motion to traverse the trial date and any party not timely filing said motion to traverse within the 10 day period shall be deemed to have acquiesced in the trial date and in the fact that the case is ready for trial.
In civil jury cases, the following procedure may be used in lieu of the motion and certification provided for hereinabove. When all issues have been joined, any party in interest may move the court for a scheduling conference for the purpose of setting deadlines and dates (by way of illustration, but not exclusively) filing bond for costs, discovery, filing of reports of experts, exchange of information, filing of exceptions and motions, hearing of exceptions and motions, settlement conference, pretrial conference, and date(s) of trail; to insure the orderly but expeditious progress of the case to trial.
Example 1:
Plaintiff 16th Judicial District Court
Versus Docket # 123456
Defendant _______ Parish
_______________________________________________________________________
Motion to Set for Trial on the Merits
On Motion of Mover, and upon aforesaid counsel now certifying to the
court, that an examination of this record shows that:
Respectfully Submitted
Attorney, Lawyer, and Counselor
______________________________
Mr. Attorney
201 Law Street
St. Martinville, Louisiana
Plaintiff 16th Judicial District Court
Versus Docket # 123456
Defendant _______ Parish
______________________________________________________________________
Order and Notice of Trial
It is ordered that this case be set for:
Pre-trial conference on __________, 20___ at 9 o’clock am.
Trial on the merits on ___________, 20__ at 9 o’clock am. as a ____ fixing.
Signed in St. Martinville, Louisiana on this ____ day of _______, 20__
______________________________
Judge
District Court Judge
The name of each party and their status; and the name, address and telephone number of each attorney representing each party is listed below:
Plaintiffs: (as listed above)
Counsel for Plaintiffs: Mr. Attorney, 201 Law Street, St. Martinville, Louisiana 70518, 337-123-4567
Defendants: (as listed above)
Counsel for Defendants: Mr. Attorney, 201 Law Street, St. Martinville, Louisiana 70518, 337-123-4566
Certification of Minute Clerk
I certify that a copy of this notice has been mailed to all listed counsel or parties in proper person
_____________________
Minute Clerk
Example 2:
Plaintiff 16th Judicial District Court
Versus Docket # 123456
Defendant _______ Parish
______________________________________________________________________
Motion and Order to Set Scheduling Conference
Now into court comes through undersigned counsel comes ___________, ABC Company, and respectfully requests this honorable court to set a scheduling conference for the purpose of setting a jury trial date and for a scheduling order.
Wherefore, mover, ABC company, prays for a scheduling order.
Respectfully Submitted
Attorney, Lawyer, and Counselor
______________________________
Mr. Attorney
201 Law Street
St. Martinville, Louisiana
Considering the above and foregoing:
IT IS HEREBY ORDERED that a telephone scheduling conference to be initiated by the mover be set at ____ o’clock on the ____ day of ________, 20__.
Signed in _______________, Louisiana on this _____ day of ____, 20__.
______________________________
Judge
District Court Judge
Civil cases shall be fixed for trial upon the motion of a party in interest certifying to the Court that:
- All issues have been joined,
- All depositions, interrogatories, and other discovery have been completed,
- All exceptions, motions for summary judgment, etc. filed, except those which may have been referred to the merits, have been disposed of,
- The parties have discussed seriously a settlement or compromise of the action, without avail,
- The case is ready for trial on the merits, and
- In civil jury cases, the time for filing bond for costs have been set.
- Days will be required for trial. If no number is requested, one trial day will be assigned. In the event the case is not concluded in the number of days allotted for trial, the case will not be continued the following day but must be refixed for additional trial days.
The certification shall be made in writing and all opposing parties and/or their counsel shall be mailed a copy of said certification by the office of the Clerk of Court. Any party opposing said motion shall do so within ten days after mailing of the notice. Any opposition shall be in the form of a motion to traverse the trial date and any party not timely filing said motion to traverse within the 10 day period shall be deemed to have acquiesced in the trial date and in the fact that the case is ready for trial.
In civil jury cases, the following procedure may be used in lieu of the motion and certification provided for hereinabove. When all issues have been joined, any party in interest may move the court for a scheduling conference for the purpose of setting deadlines and dates (by way of illustration, but not exclusively) filing bond for costs, discovery, filing of reports of experts, exchange of information, filing of exceptions and motions, hearing of exceptions and motions, settlement conference, pretrial conference, and date(s) of trail; to insure the orderly but expeditious progress of the case to trial.
Example 1:
Plaintiff 16th Judicial District Court
Versus Docket # 123456
Defendant _______ Parish
_______________________________________________________________________
Motion to Set for Trial on the Merits
On Motion of Mover, and upon aforesaid counsel now certifying to the
court, that an examination of this record shows that:
- Issue has been joined between all plaintiffs and defendants, and with all intervenors and third parties;
- All exceptions, motions for summary judgment, and other preliminary matters have been disposed of, and , after consulting with all counsel of record;
- All discovery has been completed, and that the case is now ready for trial on the merits;
- A copy of this motion has been served upon all counsel of record before submission to this court.
Respectfully Submitted
Attorney, Lawyer, and Counselor
______________________________
Mr. Attorney
201 Law Street
St. Martinville, Louisiana
Plaintiff 16th Judicial District Court
Versus Docket # 123456
Defendant _______ Parish
______________________________________________________________________
Order and Notice of Trial
It is ordered that this case be set for:
Pre-trial conference on __________, 20___ at 9 o’clock am.
Trial on the merits on ___________, 20__ at 9 o’clock am. as a ____ fixing.
Signed in St. Martinville, Louisiana on this ____ day of _______, 20__
______________________________
Judge
District Court Judge
The name of each party and their status; and the name, address and telephone number of each attorney representing each party is listed below:
Plaintiffs: (as listed above)
Counsel for Plaintiffs: Mr. Attorney, 201 Law Street, St. Martinville, Louisiana 70518, 337-123-4567
Defendants: (as listed above)
Counsel for Defendants: Mr. Attorney, 201 Law Street, St. Martinville, Louisiana 70518, 337-123-4566
Certification of Minute Clerk
I certify that a copy of this notice has been mailed to all listed counsel or parties in proper person
_____________________
Minute Clerk
Example 2:
Plaintiff 16th Judicial District Court
Versus Docket # 123456
Defendant _______ Parish
______________________________________________________________________
Motion and Order to Set Scheduling Conference
Now into court comes through undersigned counsel comes ___________, ABC Company, and respectfully requests this honorable court to set a scheduling conference for the purpose of setting a jury trial date and for a scheduling order.
Wherefore, mover, ABC company, prays for a scheduling order.
Respectfully Submitted
Attorney, Lawyer, and Counselor
______________________________
Mr. Attorney
201 Law Street
St. Martinville, Louisiana
Considering the above and foregoing:
IT IS HEREBY ORDERED that a telephone scheduling conference to be initiated by the mover be set at ____ o’clock on the ____ day of ________, 20__.
Signed in _______________, Louisiana on this _____ day of ____, 20__.
______________________________
Judge
District Court Judge
