Rule 9.8 - Exceptions and Motions(a) Contradictory Exceptions and Motions. All exceptions and motions, including those incorporated into an answer, shall be accompanied by a proposed order requesting that the exception or motion be set for hearing. If the exceptor or mover fails to comply with this requirement, the court may strike the exception or motion, may set the matter for hearing on its own motion, or take other action as the court deems appropriate. To assist the court in scheduling the hearing, the exception or motion, and any opposition thereto, shall state: (1) whether or not the case is set for trial and, if so, the trial date; and (2) whether testimony will be offered at the hearing.(b) Time between filing and hearing for motions for summary judgment is governed by see La. Code Civ. Proc. art. 966.(c)Time between filing and hearing. In cases other than juvenile and family law proceedings, no hearing on an exception or motion will be scheduled until at least fifteen calendar days after filing. A party seeking to have an exception or motion heard less than fifteen days after filing shall show good cause and shall state in the exception or motion the reasons why an expedited hearing is necessary.(d)Ex parte motions. Paragraphs (a) and (b) do not apply to: (2) motions in which all affected parties have joined; or (3) motions permitted by law or by these Rules to be decided ex parte. Any motion that may be decided ex parte shall be accompanied by a proposed order, except a motion for the court to give in writing its findings of fact and reasons for judgment under La. Code Civ. Proc. art. 1917.
(e)Motions and Exceptions Referred to the Merits. If a party filing a motion or exception wishes to refer it to the merits, the party shall file an unopposed motion, accompanied by a proposed order, asking that it be referred to the merits. This Rule does not apply to motions for summary judgment (see Rule 9.10). If the court finds that the interests of justice would be served by referring the motion or exception to the merits, the court may do so.(f)Unopposed motion. An "unopposed motion" is one to which all affected parties have consented. Before representing to the court that the motion is unopposed, the mover shall contact all parties affected by the motion and obtain their consent. The moving party shall certify in the motion that the consent requirement has been met.Adopted April 1, 2002, effective 4/1/2002; amended June 2, 2003, effective 7/1/2003; amended October 29, 2003, effective 1/4/2004; amended November 3, 2008, effective 1/1/2009; amended November 20, 2009, effective 1/1/2010; amended April 20, 2010, effective 6/1/2010; amended April 29,2014, effective 6/1/2014; amended October 7, 2015, effective 1/1/2016.Comments
(a) The Louisiana Code of Civil Procedure takes precedence over the District Court Rules. See Comment (a) to Rule 1.0. See also Act 422 (House Bill No. 696) of the Louisiana Legislature's 2015 Regular Session, which will alter the deadlines for filing requirements and delays for motions for summary judgment effective January 1, 2016.
(b) Rule 9.8(a) provides that the court may strike an exception or motion if not accompanied by an order scheduling the matter for a hearing or may set the matter for hearing on its own motion. See La. Code Civ. Proc. art. 964.
(c) See La. Code Civ. Proc. art. 2593 with regard to exceptions to a contradictory motion, rule to show cause, opposition, or petition in a summary proceeding.
(d) This Rule does not govern the time that an exception shall be pled. La. Code Civ. Proc. art. 928(B) permits a party to plead a peremptory exception "at any stage of the proceeding in the trial court prior to a submission of the case for a decision ...." But under La. Code Civ. Proc. art. 929(B), the trial court has the option of trying and disposing of a late-filed exception "either in advance of or on the trial of the case."This Rule preserves the trial court's option under La. Code Civ. Proc. art. 929(B). Although this Rule generally requires a fifteen day period between the filing and the hearing of an exception, it also gives the trial court discretion to shorten the period Afor good cause shown." See also Rule 1.4, which allows a trial judge in a particular case to deviate from a Rule Ain the interest of justice and upon notice to all parties ...."
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