Term
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Definition
| Venue may not be waived, expressly or impliedly in certain types of cases. In such cases, venue is considered jurisdictional |
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Term
General Venue Rules 42:
Type of defendant: Individual
if resides and is not domiciled?
Non-res with or wo service agent? |
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Definition
Proper Venue --> parish of domicile,
if resides and is not domiciled --> parish of residence
Non resident with service agent --> parish of agents po box
Non resident with no agent --> parish of plaintiff's domicile or where service is made. |
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Term
General Venue Rules 42:
Type of defendant: Corps and LLCs
Domestic?
Foreign? |
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Definition
If Corp is domestic --> parish of registered office
If foreign and licensed to do business in the state --> parish of its primary business establishment as designated in app to do business, if none the parish of primary business establishment
Foreign and not licensed --> parish of plaintiff's domicile or where service is made. |
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Term
| How do you object to venue? |
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Definition
| File a declinatory exception of improper venue |
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Term
General Venue Rules 42:
Type of defendant: Domestic Insurer |
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Definition
| Parish of its registered office |
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Term
General Venue Rules 42:
Type of defendant: Foreign Insurer |
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Definition
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Term
General Venue Rules 42:
Type of defendant: Partnerships and Unincorporated Assn. |
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Definition
| Parish of its principal business establishment |
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Term
| What happens if Defendant changes domicile? |
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Definition
| Suit may be filed for up to one year after the change in the old domicile, or where the defendant's new domicile. |
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Term
| Can a defendant limit whether plaintiff can file in old or new parish of domicile? |
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Definition
| yes, they can file a declaration of intent to change domicile. |
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Term
| Exception to venue for sequestration, action to enforce mortgage, privledge by ordinary proceeding may be brought where... |
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Definition
| in the parish where all or part of the property is located. |
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Term
| What is the exception to venue when there are multiple obligors? |
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Definition
The parish where venue is proper as to one of them is proper to all.
BUT if its a TORT action --> Suit may be brought where plaintiff is domiciled if one of the defendants is an ins. co and venue is proper under art. 76 or through long arm |
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Term
| Venue will be proper for tort suits where... |
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Definition
in the parish where damages were sustained
where wrongful conduct occurred
where the defendant is domiciled
suit to enjoin wrongful conduct --> venue is proper where conduct occurred or may occur |
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Term
| Where is venue proper for an action to establish filiation? |
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Definition
domicile of the child
where conception occured
where either parent resided at conception
where parent acknowledge child
where child was born |
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Term
| Where is venue proper for an action to disavow a child? |
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Definition
parish of child's birth
where either parent resided at the time of birth |
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Term
| Where is venue proper to obtain custody? |
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Definition
| parish of party or last matrimonial domicile |
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Term
| Where is venue proper to change custody? |
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Definition
parish where custodial parent is domiciled or custody decree rendered
if custodial parent is no longer in the state --> parish where person seeking custody is domiciled or where custody decree rendered |
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Term
| Where is venue proper to modify support? |
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Definition
Parish where the person awarded support is domiciled if the award has been registered
if not registered but confirmed in anther -->parish where the award was rendered
more...see outline |
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Term
| Where is venue proper to register support (child, medical, income assignment...)? |
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Definition
| where the person awarded is domiciled |
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Term
| A court can transfer a child support or custody proceeding upon... |
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Definition
contradictory motion
its own motion
another court where the action might have been brought |
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Term
| Where is venue proper for an open account? |
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Definition
Parish where the account was created
or where underlying services were performed
or debtor's domicile |
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Term
| Where is venue proper for an promissory note? |
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Definition
Parish where the note was executed
or
debtor's domicile |
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Term
| Where is venue proper for an action on judicial bond? |
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Definition
| Parish where bond was filed. |
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Term
| Where is venue proper for an action against legal surety? |
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Definition
| Where principle obligor may be sued (art. 75) |
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Term
| Where is venue proper for life insurance suits? |
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Definition
parish of decedent's death
or
where the decedent was domiciled
or
in the parish of any beneficiary's domicile |
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Term
| Where is venue proper for health insurance suits? |
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Definition
Where insured domiciled
or
where accident or illness occured |
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Term
| Where is venue proper for any other type of insurance suits? |
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Definition
where loss occurred
or
insured is domiciled |
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Term
| Where is venue proper for action on a contract? |
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Definition
where K was executed (includes where party signed the K)
or
where any work or service was to be preformed |
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Term
| Where is venue proper for an action against a person having business officer on a matter over which that office had supervision |
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Definition
parish where the office is located
If multiple officer, in any parish where an office has supervising authority |
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Term
| Where is venue proper for actions to dissolve a partnership? |
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Definition
| In the parish where the Principal buisness establishment of the partnership is located and this may include dissolution action involving immovables |
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Term
| Where is venue proper for suits involving immovable property? |
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Definition
in the parish where the immovable is located
or
where defendant is domiciled
except for comm. prop., partnership partition, or a sucesscion |
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Term
| Where is venue proper for an action involving a succession? |
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Definition
| in a court with the succession is pending |
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Term
| Where is venue proper for to partition community property? |
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Definition
| where action to dissolve comm. prop. is pending or in a separate action in the parish when the judgment dissolving comm. prop regime was rendered. |
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Term
| Where is venue proper for action involving public retirement and benefit plans? |
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Definition
| East BR Parish or parish of plan domicile |
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Term
| Where is venue proper for a direct action? |
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Definition
plaintiff can sue an insurer directly for any liability policy written or deleivered in the state or providing coverage for an accident that occured in the state
Can be brought where accident occured or in any parish where an action could be brought against the insured or the insurer under art. 42 including East BR |
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Term
| Insured must be joined as a defendant unless: |
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Definition
1. Bankrupt of insolvent
2. Service of process cannot be made
3. The claim is between children and the parents, or married people
4. The insurer is an uninsured motorist carrier
5. Insured is dead |
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Term
| Where is venue proper for long arm statute? |
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Definition
| Where plaintiff is domiciled or in any parish of proper venue |
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Term
| Where is venue proper for class action? |
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Definition
if plaintiff is bringing the action --> parish of proper venue for defednant
Brought against a class of defednants --> where venue is proper for any member of the class named as a defednant |
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Term
| Where is venue proper for derivative action of a shareholder, partner or member? |
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Definition
| in the parish of peroper venue as to the corp or incorporated assn |
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Term
| Where is venue proper for non-resident attachment? |
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Definition
| May be brought where the attached property is located |
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Term
| Where is venue proper for action against the state or other political subdivision? |
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Definition
In the distrcit court where the state capitol or polictical subdivision is located
or
the district ct having jurisdiction in the parish where the COA arises. |
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Term
| What happens if Venue is improper? |
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Definition
| the suit may be dismissed or transferred to a court of proper venue. |
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Term
| What happens if venue is proper but there are concerns of no impartial trial? |
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Definition
| Even is venue is proper the suit may be transferred to a parish where no party is domiciled in the interest of an impartial trial. |
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Term
| Will prescription be interrupted if the suit is filed in the wrong venue? |
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Definition
| Yes. If service is made within the prescriptive period, but rx will not be interrupted for the parties that ere not served. |
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Term
| Types of actions where venue is non-waviable |
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Definition
Action to annul a judgment --> where judgment was rendered
Annulment/Divorce - where either spouse is domiciled or in parish of last matrimonial regime
Tutoriship --> see pg. 14 of outline
Interdiction --> where interdict is domiciled/resides if either, where he may be found. |
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Term
| Is a forum selection clause enforceable? |
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Definition
| Yes unless it is unreasonable or unjust. |
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Term
| Does defendant always have a right to be sued at his "homebase"? |
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Definition
No, homebase is a general venue rule, if a preferred or non waivable rule exists, it will trump the general rule.
kellis v. farber |
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Term
| If absence of a habitual residence, what is considered the domicile? |
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Definition
| Any place of residence may be considered one's domicile at the option of the person who's interests are affected. |
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Term
| When and Where can π sue to the insurer directly? |
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Definition
When the LIABILITY policy was written and delivered in the state or providing coverage for an accident which occurred in the state.
1. Where accident occurred
2. Where action could be brought against insurer (East BR)
3. Insured must also be brought as ∆, unless bankrupt, no service, the insurer is an uninsured motorist carrier, or deceased |
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Term
| What is forum non conveniens? |
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Definition
Allows a court to "transfer a suit though venue is proper to a parish where suit might have been brought, if necessary for convenience of the parties and witnesses and in the interest justice."
***No suit brought in parish of π's domicile, in competent ct, where venus is proper maybe transferred under FNC. |
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