Terms Used In Louisiana Code of Civil Procedure 1632

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

The normal order of trial shall be as follows:

(1)  The opening statements by the plaintiff and the defendant, in that order;

(2)  The presentation of the evidence of the plaintiff and of the defendant, in that order;

(3)  The presentation of the evidence of the plaintiff in rebuttal; and

(4)  The argument of the plaintiff, of the defendant, and of the plaintiff in rebuttal, in that order.

This order may be varied by the court when circumstances so justify.

When an action involves parties in addition to the plaintiff and the defendant, the court shall determine the order of trial as to them and the plaintiff and the defendant.