Louisiana Code of Civil Procedure 969 – Judgment on pleadings and summary judgment not permitted in certain cases; exception
Terms Used In Louisiana Code of Civil Procedure 969
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Chambers: A judge's office.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
A. Judgments on the pleadings and summary judgments shall not be granted in any action for divorce or annulment of marriage, nor in any case where the community, paraphernal, or dotal rights may be involved in an action between husband and wife.
B.(1) Notwithstanding the provisions of Paragraph A, judgments on the pleadings and summary judgments may be granted without hearing in any action for divorce under Civil Code Article 103(1) under the following conditions:
(a) All parties are represented by counsel;
(b) Counsel for each party, after answer is filed, file a written joint stipulation of facts, request for judgment, and sworn verification by each party; and
(c) Counsel for each party file a proposed judgment containing a certification that counsel and each party agree to the terms thereof.
(2) The court may render and sign such judgments in chambers without a hearing and without the taking of testimony.
Acts 1986, No. 219, §2; Acts 1987, No. 271, §1; Acts 1990, No. 1009, §4, eff. Jan. 1, 1991.