Rules and Reminders for Civil Proceedings
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All pleadings submitted to the court shall comply with La.C.C.P. Art. 891 and Local Rule 9.7. Particularly, please make sure to include an email address as part of the service information. It may be counsel’s email address, their assistant’s email address, or both.
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When courtesy copies are required to be sent to the court, this office prefers electronic courtesy copies. These can be emailed to staff. We do this with the aim of reducing costs, production time, and material waste.
Courtesy copies of motions and petitions with accompanying orders are not necessary as the Clerk of Court will forward the originals to the court for consideration.
Courtesy copies of pleadings which would not otherwise be forwarded by the Clerk’s Office are appreciated and should also be submitted electronically. Counsel may also simply inform our office that such a filing has been made and we will pull a copy from the record.
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Some orders submitted to the court are of such a procedural nature that the court can provide its preferred language to counsel. Please see below links for form language.
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The court provides the following reminders of procedural requirements for some commonly filed motions:
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Judge O’Callaghan’s office does not use a fax machine. Any correspondence that needs to be sent to the court directly such as letters or courtesy copies of pleadings can be emailed. In an effort to reduce costs and materials, we ask that duplicates not be sent. It is the practice of this office to confirm the receipt of courtesy copies sent by email and counsel or their staff are always welcome to verify receipt via phone call or email.
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When a hearing is required pursuant to a pleading received by the court, staff will email petitioning counsel instructing them to select and set a date through the online scheduler. Counsel is required to keep in mind all legal delays and service allowances. Counsel is encouraged to consult with any other counsel and/or parties to the case in their selection. If there is an issue with available dates or agreement of counsel, please reply to staff’s email and indicate the problem. If staff receives no reply and no date is selected within two days, staff will set the matter without input from counsel. A confirmation of the setting will be emailed to the email address provided.
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Bench and jury trials should be set using our online trial scheduler.
Once your date is approved, the court will issue a scheduling order with specific dates based on these parameters.
When viewing the calendar, note that available dates are in bold. Up to three bench trials may be set on a given day and up to 12 jury trials may be set on a given week.
Being the first to set a trial on a certain date does not necessarily bestow priority status to a case.
After it is reviewed by the court and a scheduling order has been issued, counsel will receive a confirmation email that it is on the docket. A courtesy copy of the scheduling order will also be emailed.
Other than when required by law, the court does not generally assign priority status to trials. The court will, of course, consider any motions for preferential setting and rule accordingly.
When more than one trial is set and ready to proceed, the court will give weight to the ages of the cases, number of previous trial settings, when the instant settings were scheduled, the potential future availability of witnesses, the basis of the pleadings, and any argument of counsel.
Tentative dockets are not ordered by priority.
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Click to review the court’s standing order regarding courtroom decorum for trial appearances. Though the order specifically addresses trials, much of it should be considered the standard of behavior for appearances in general.
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Other than when required by law, the court does not generally assign priority status to trials. The court will, of course, consider any motions for preferential setting and rule accordingly.
When more than one trial is set and ready to proceed, the court will give weight to the age of the case, number of previous trial settings, when the instant setting was scheduled, the potential future availability of witnesses, the basis of the pleadings, and any argument of counsel.
Tentative dockets are not ordered by priority.
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To remove an argument or trial setting from the court’s docket, please provide a letter from counsel which copies all counsel and/or self-represented litigants. The letter must indicate that there is no opposition to removing the matter from the docket. Letters can be hand-delivered to the 3rd floor reception area or emailed. There is no need to send duplicates. When the matter is passed from the docket, a cancelation confirmation will be sent to the email address to which the setting confirmation was sent.
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Self-represented litigants cannot meet with the judge. All communications with the court by self-represented litigants must be by formal motion and/or in open court. Counsel can email staff to set a meeting with the judge.
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Counsel may file a motion or request in writing to appear or have witnesses appear by Zoom.
It is the general opinion of this court that Zoom can be effectively used for making legal argument and offering limited testimony. When witness examination is a key element to the presentation of the case, however, the court does not favor the use of remote appearances.
Additionally, the court gives weight to the agreement, or lack thereof, of counsel. When there is a timely and reasoned objection to the use of remote appearances, this court will consider the merits of each argument.
In all cases where a remote appearance is authorized by the court, counsel must review the court’s rules and standing order for virtual appearances prior to the hearing.
Arguments by Zoom are set at 11:00 and must be scheduled by court staff.
A Zoom demonstration video can be found below.
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Arguments dockets are in alphabetical order and do not reflect the order of cases called. At the opening of court, the judge will call for cases that may be quickly addressed and handle those first. The need for and order of hearings will be assessed at that time.
Zoom appearances are set for 11:00.
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Courtroom B has an HDMI-based system of HDTVs, with a large movable TV for the jury and small monitors for the witness, counsel, and the court. This system is available to all litigants for use but does not include any source device, such as a laptop or media player.
Any litigant or attorney intending to use the court’s media system should contact the court to request a time to test their equipment and its compability with the system. The court will always make accommodations for litigants who have exercised due diligence in testing their equipment before attempting to use it at trial or a hearing, but cannot offer similar accommodations for litigants waiting until a hearing or trial is in progress to test the system.
The courtroom is also equipped with a MeetingOwl system for remote participation and testimony, which interfaces with the TV system. Again, previous court approval is encouraged before relying on access to this system.
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The court’s preferences and the law of appointment of private process servers
The court emphasizes the following in determining what showing is required to assist the court in “deeming a person qualified” or otherwise granting a motion:
1) A private process server cannot be appointed without an attempt by the sheriff unless the verifying affidavit set forth in paragraph (B) and corresponding allegations are included in the motion. “Consistent with Art. 1293” is NOT sufficient, as such a statement in a pleading does not make clear upon what basis the request is being made.
2) The court takes the delegation of this authority seriously. The court is far more likely to grant the authority to a person about some basic relevant information is provided, including:
a. Whether the proposed person has any felony convictions or a substantial history of misdemeanor convictions. The court will generally not deem such individuals qualified to perform functions on behalf of the court; and
b. The work history or experience of the proposed person that would encourage reliance on their integrity and judgment; and
c. The length of time the person has participated in the local community and thus has ties and interests in seeing that its legal processes are carried out correctly.
3) If the person or company proposed is a licensed private investigator and thus entitled to the presumption that he or she is qualified, their license number and the allegation of that fact is helpful.
4) Similarly, if the company is a legal services support company that does not hold such a license and is therefore not entitled to the legal presumption of qualification, some information about their services, structure, and time in business would be helpful.
5) The court also reminds applicants that natural persons appointed CANNOT delegate that authority to another. Brickman v. Screven County Hosp. Authority, App. 4 Cir.1992, 599 So.2d 427 and Audler v. Morris, App. 5 Cir.2016, 209 So.3d 299, 16-392 (La.App. 5 Cir. 12/14/16)
Louisiana Code of Civil Procedure art. 1293
Service by private person
A. When the sheriff has not made service within ten days after receipt of the process or when a return has been made certifying that the sheriff has been unable to make service, whichever is earlier, on motion of a party the court shall appoint a person over the age of majority, not a party and residing within the state whom the court deems qualified to perform the duties required, to make service of process in the same manner as is required of sheriffs. Service of process made in this manner shall be proved like any other fact in the case. Any person who is a Louisiana licensed private investigator shall be presumed qualified to perform the duties required to make service.
B. In serving notice of a summary proceeding as provided by Article 2592 or a subpoena which is related to the proceeding, on motion of a party the court shall have the discretion to appoint any person over the age of majority, not a party and residing within the state, to make service of process, notices, and subpoenas in the same manner as is required of sheriffs, without first requiring the sheriff to attempt service. The party making such a motion shall include the reasons, verified by affidavit, necessary to forego service by the sheriff, which shall include but not be limited to the urgent emergency nature of the hearing, knowledge of the present whereabouts of the person to be served, as well as any other good cause shown.
C. In addition to those natural persons who the court may appoint to make service of process pursuant to Paragraph A or B of this Article, the court may also appoint a juridical person which may then select an employee or agent of that juridical person to make service of process, provided the employee or agent perfecting service of process is a natural person who qualifies as an agent for service of process pursuant to Paragraph A or B of this Article.
D. In addition to the provisions of Paragraph A of this Article, when the citation or other process is a temporary restraining order, protective order, preliminary injunction, permanent injunction, or court-approved consent agreement as referenced in R.S. 46:2136.2(B), the person making the service, or his designee, shall transmit proof of service to the judicial administrator's office, Louisiana Supreme Court, for entry into the Louisiana Protective Order Registry, as provided in R.S. 46:2136.2(A), by facsimile transmission or direct electronic input as expeditiously as possible, but no later than the end of the next business day after making service, exclusive of weekends and holidays. This proof shall include, at a minimum, the case caption, docket number, type of order, serving agency and officer, and the date and time service was made.
Zoom Video Demonstration
This is a video prepared within the Zoom application and demonstrates how a consent judgment could be obtained when one client is present remotely, one witness is present in an attorney’s office, and one client’s presence is waived.
