LOUISIANA STATE BAR EXAMINATION

LOUISIANA CODE OF CIVIL PROCEDURE

JULY 2021

QUESTION 1 (100 POINTS)

(This fact pattern applies to all of Question 1.)

Happy Homes, Inc. (“Happy Homes”) is a licensed general contractor that constructs homes
throughout southeast Louisiana. It is a Louisiana corporation with its registered office located in
East Baton Rouge Parish.

Bob, who currently lives in Orleans Parish, hired Happy Homes to build a new home for him in
St. Tammany Parish. Bob and a representative for Happy Homes met at Bob’s existing residence
in Orleans Parish to finalize and sign the construction contract for Bob’s new home.

Happy Homes began construction of Bob’s St. Tammany Parish home in May 2020. Bob placed
his Orleans Parish home on the market and entered into an agreement to sell his home with a
February 1, 2021 closing date.

On January 8, 2021, days before construction was scheduled to be completed and two weeks before
he was scheduled to move in, Bob’s new St. Tammany Parish house caught on fire and burned
completely to the ground, making it impossible for him to move in. The Fire Marshal’s
investigation concluded that the cause of the fire was electrical wiring that was faulty and/or
improperly installed.

Bob proceeded with the sale of his Orleans Parish home because the buyer threatened to sue him
if he backed out. Bob found a new house to buy in Jefferson Parish but felt he incurred significant
expense and damages as a result of the fire and Happy Home’s failure to complete and timely
deliver the St. Tammany Parish home.

On March 15, 2021, Bob initiated a lawsuit in St. Tammany Parish asserting breach of contract
and negligence claims against Happy Homes.

1.1 Bob needs to request service of citation on Happy Homes. Mark is the sole
shareholder of Happy Homes. Joe and Mary are each designated as a registered agent
for Happy Homes. By when must Bob request service on Happy Homes, and how
must service be attempted on Happy Homes? (4 pts)

1.2 Happy Homes was properly served with Bob’s Petition for Damages on Monday,
April 12, 2021. Happy Homes has decided to answer and not file exceptions in
response. What is the delay for Happy Homes to file its answer? (2 pts)

1.3 Bob did not ask for a trial by jury in his Petition for Damages. What steps must
Happy Homes take to secure a trial by jury? (5 pts)

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1.4 Do Louisiana courts have personal jurisdiction over Happy Homes? Explain fully. (3
pts)

1.5 Is St. Tammany Parish a proper venue for the lawsuit? Explain fully. (6 pts)

1.6 Bob’s attorney decided that it might be better to litigate the claims against Happy
Homes in Orleans Parish. Therefore, on April 15, 2021, Bob’s attorney initiated a
second lawsuit on Bob’s behalf in Orleans Parish (“Lawsuit 2”). Bob alleges the same
breach of contract and negligence claims against Happy Homes in Lawsuit 2 that were
alleged in the original lawsuit (“Lawsuit 1”). Is Orleans Parish a proper venue for
Lawsuit 2? Explain fully. (3 pts)

1.7 Happy Homes already answered Lawsuit 1 when it was served with Lawsuit 2. What
must Happy Homes file to challenge and seek dismissal of Lawsuit 2 so as to avoid
litigating the merits of Lawsuit 2, what must it assert in that challenge, and by when
must it raise its challenge? Explain fully. (10 pts)

For all remaining questions, assume that Happy Homes is successful in having Lawsuit 2
dismissed and the parties proceeded with the litigation of Lawsuit 1.

1.8 Is the dismissal of Lawsuit 2 with or without prejudice? Explain fully. (4 pts)

1.9 Bob wants to take the deposition of Happy Homes. What must Bob include in his
notice of the deposition of Happy Homes, and what must Happy Homes do in response
to the notice? Explain fully. (8 pts)

1.10 Prior to deposing Happy Homes, Bob would like for Happy Homes to authenticate a
copy of the construction contract. Can Bob accomplish this through written
discovery? Explain fully. (6 pts)

1.11 Happy Homes revealed during its deposition that it subcontracted out the electrical
work on Bob’s St. Tammany Parish home to Ernie’s Electrical, Inc. Bob wants to add
Ernie’s as a defendant. What steps must Bob take to properly add Ernie’s as a
defendant and require it to participate in Lawsuit 1? Explain fully. (8 pts)

For all remaining questions, assume that Ernie’s is now a defendant in the lawsuit.

1.12 Happy Homes did not make the final payment on the subcontract between it and
Ernie’s. May Ernie’s assert a breach of contract claim against Happy Homes in
Lawsuit 1? If so, what steps must Ernie’s take to assert that claim and cause Happy
Homes to respond to the claim? Explain fully. (5 pts)

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1.13 Ernie’s does not believe that the cause of the fire at Bob’s St. Tammany Parish home
was due to the wiring or its electrical work on the home. Ernie’s would like for its fire
expert to inspect the home and make its own determination regarding the cause of the
fire. (10 pts)

a. What type of request must Ernie’s make to permit it and its expert’s entry onto
Bob’s property to perform the inspection, and what must be contained in the
request? (4 pts)

b. If Bob wants to prevent an inspection of his home, what must he do and when
must he do it? (3 pts)

c. Ernie’s request has been granted, but Bob has nevertheless refused to make his
home available for inspection. What, if anything, can Ernie’s file with the court to
obtain relief and allow it to enter Bob’s property and inspect the home? (3 pts)

1.14 Expert witness reports have been exchanged, and the discovery depositions of all
experts have been taken. Bob believes that Ernie’s expert is completely unqualified
to give expert testimony in the suit and that his methodology is “junk science.” (4 pts)

a. What motion should Bob bring before the court to test the expert’s qualifications
and opinions? (2 pts)

b. What is the time deadline for bringing the motion? (2 pts)

1.15 The case proceeded to trial by a jury of twelve (12). Absent a stipulation by the
parties, how many jurors must concur to render a verdict? (2 pts)

1.16 The jury returned a verdict in favor of Bob against Ernie’s, but it returned a verdict
in favor of Happy Homes as to the claims that Bob asserted against Happy Homes.
Bob wants the jury verdict in favor of Happy Homes to be overturned. What steps in
the trial court must Bob take to achieve that goal and when must Bob take those
steps? Explain briefly. (4 pts)

1.17 Ernie’s has timely filed for suspensive appeal and has furnished a bond as security.
Bob believes the bond is insufficient or invalid. What can Bob do to challenge the
bond’s sufficiency or validity? Explain briefly. (4 pts)

1.18 A judgment has been rendered holding the bond insufficient or invalid. What, if
anything, can Ernie’s do to correct these defects and what consequence would result
from its failure to correct these defects? Explain briefly. (4 pts)

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1.19 Ernie’s has properly corrected the defects in its bond. After the trial court record
was lodged with the appellate court, Bob filed a motion in the trial court to tax expert
witness fees to Ernie’s. May the trial court hear that motion? Explain briefly. (5 pts)

1.20 During the course of litigation, what obligations, if any, do the attorneys have as
officers of the court? (3 pts)

[End of Louisiana Code of Civil Procedure Test]

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 LOUISIANA STATE BAR EXAMINATION
LOUISIANA CODE OF CIVIL PROCEDURE
FEBRUARY 2021

QUESTION 1 (100 POINTS)

(This fact pattern applies to all of Question 1)

Mary, a resident of St. Tammany Parish, was driving to work the morning of Friday, January 4,
2019, when, while stopped at a red light in Jefferson Parish, she was involved in a rear-end
collision. James, a resident of Orleans Parish, was slowing down to stop at the red light but
slammed into Mary’s car after his car was hit by a metallic green Ford Mustang. The driver of the
Mustang fled the scene of the accident before Mary or James could stop the driver or take down
the car’s license plate number.

An eyewitness, George, called 911 to report the accident. When the responding police officer
arrived, he took statements from Mary, James and George. George told the police officer that he
looked towards the accident when he heard the sound of the impact and saw the Mustang go into
reverse and speed away. George did not see the driver or the license plate number of the Mustang
but said the car was pretty noticeable because of its metallic green color.

James was transported by ambulance to the local emergency room for treatment. James’ car was
totaled. Mary’s car was damaged but she was able to drive home. Mary did not mention to James
or George or report to the responding police officer that she suffered any physical injuries.

Mary waited until Friday, January 3, 2020 to consult an attorney about filing suit. She waited
because she had hoped that the police would find the driver and/or owner of the Mustang so that
she could bring suit against them, but the police never located the driver or owner. On Monday,
January 6, 2020, Mary’s attorney filed suit in Orleans Parish on her behalf against James asserting
claims for personal injury and property damage. However, Mary could not find a copy of the
Police Report and Mary could not recall the name of James’ insurer. Therefore, James’ insurer
was not named as a defendant in the lawsuit.

1.1 Mary had asked her attorney to file the lawsuit in St. Tammany Parish because that is where
Mary lives and where it would be most convenient for her.

(a) Would it have been proper to file Mary’s lawsuit in St. Tammany Parish? Explain
fully. (3 pts)

(b) Which parish or parishes other than St. Tammany would be a proper venue for
Mary's lawsuit against James? Explain fully. (3 pts)

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1.2 Mary wants a jury trial. What steps must Mary take to obtain a jury trial as early as possible
in the litigation? (6 pts)

1.3 James was served with Mary's petition for damages on January 30, 2020. James has decided
to file an answer and no exceptions. What is James’ delay for filing his answer to the
Petition for Damages? (3 pts)

1.4 James wants to argue at trial that the driver of the green metallic Ford Mustang was
negligent and at fault for causing the accident. Therefore, in his answer to the Petition, he
denied any liability whatsoever for the accident. What else must James include in his
answer to allow him to argue at trial the fault of the unknown driver? (3 pts)

1.5 (a) James believes that the lawsuit against him is not timely. What pleading should
James file, and has James waived his right to file that pleading since he already
filed his answer? (4 pts)

(b) Was Mary’s lawsuit filed timely? Explain fully. (4 pts)

1.6 James did not file a jury demand in his answer. During the course of litigation but before
the trial date was set, Mary withdrew, in writing, her jury demand. What can James do, if
anything, to receive a trial by jury now that Mary has withdrawn her jury demand? Explain
fully. (5 pts)

1.7 In preparing for trial, Mary wants to discover the name of the insurer who issued James’
automotive insurance policy, the policy number and the limits of that policy. What are the
means by which Mary can obtain this information from James? (4 pts)

1.8 Mary has discovered the name of James’ automotive insurer and wants to add it as a
defendant. What steps must Mary take to properly add the insurance company as a
defendant? (8 pts)

1.9 Mary knows George saw how hard James hit her car and wants to take George’s deposition
before trial. What steps must Mary take to take George’s deposition? Explain fully. (4 pts)

1.10 Mary coordinated with George the time and place for his deposition and gave him a copy
of the final notice of deposition but did not serve a subpoena on him. James and his attorney
attended the deposition in person but George did not appear. Afterward, James called
George to ask why he did not appear. George said he did not appear because he really does
not want to get involved and he did not think he was required to appear. James is upset
because he had to take off work and pay for his attorney to appear for George’s deposition.
What should James do to recover these expenses? (5 pts)

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1.11 Ultimately George agrees that he will participate in a deposition but, because of a
pandemic, he prefers not to be in a room with other people. What is required for George’s
deposition to be taken via remote electronic means? (4 pts)

1.12 James learned during the deposition of George that Mary told George the day of the
accident that she was not injured at all during the car accident at issue. Therefore, James
does not believe Mary was injured during the accident and wants Mary to undergo an
additional physical examination. James also wants an additional medical opinion of her
condition. What should James do to require Mary to undergo further physical examination?
Explain fully. (6 pts)

1.13 James has properly noticed Mary’s deposition. While taking her deposition, James asked
Mary whether she has been involved in any other accidents or has suffered any personal
injuries since the car accident at issue. Mary’s attorney objects to the question on the
grounds that the information would not be admissible at trial and instructs Mary to not
respond.
(a) Was it proper for Mary’s attorney to instruct Mary not to answer the questions
regarding subsequent accidents? Explain fully. (4 pts)

(b) What, if anything, should James file with the court to force Mary to answer the
questions regarding subsequent accidents? (2 pts)

(c) Does James waive his right to challenge Mary’s refusal to answer questions
regarding subsequent accidents if he completes her deposition before doing so?
Explain fully. (2 pts)

(d) The Judge ordered Mary to answer questions regarding subsequent accidents.
However, Mary still refuses to answer. What action should James take? (2 pts)

(e) Identify four (4) actions the Judge might take in response to Mary’s continued
refusal to answer the questions? (4 pts)

1.14 After adequate discovery, the court fixed a trial date. James then decided to file a motion
for summary judgment seeking a determination by the judge that Mary did not sustain
personal injuries from the car accident.

(a) When is the latest date before the trial date for James to file and serve the motion
and all supporting documents? (1 pt)

(b) What is the legal standard James must satisfy to obtain the determination that Mary
did not sustain personal injuries from the car accident, and what evidence must
James present in support of his motion for summary judgment? (9 pts)

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 (c) James timely filed and served his motion for summary judgment. The court has set
a hearing date on the motion. When is the latest day before the hearing date for
Mary to file and serve her opposition to the motion, including all documents in
support of her opposition? (1 pt)

(d) When is the last day for the court to render a judgment on the motion? (1 pt)

1.15 Each party retained an expert to reconstruct the accident. Expert witness reports have been
exchanged, and the discovery depositions of all experts have been taken. Mary’s expert
opined that the accident was 100% the fault of James because he was speeding and that the
accident would have occurred even if the metallic green Ford Mustang had not hit James’
car. James believes that Mary’s accident reconstruction expert is completely unqualified to
give expert testimony in the lawsuit and that the methodology used by Mary’s expert is
“junk science.”

(a) What motion should James bring before the court to test the qualifications and
opinions of Mary’s expert? (3 pts)

(b) What is the time deadline for filing the motion? (2 pts)

1.16 At trial, James puts on evidence that Mary’s damages from the accident were caused, at
least in part, by the unidentified driver of the metallic green Ford Mustang. What steps, if
any, should James take to have the jury allocate any amount of fault to the driver of the
Ford Mustang? Explain fully. (4 pts)

1.17 During the course of representing their clients in this lawsuit, what obligations, if any, do
the attorneys have as officers of the court? (3 pts)

[End of Louisiana Code of Civil Procedure Test]

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 LOUISIANA STATE BAR EXAMINATION
LOUISIANA CODE OF CIVIL PROCEDURE
OCTOBER 2020

QUESTION 1 (100 POINTS)

1.1 Employer has been sued by Victim after Employee was involved in a wreck with Victim
while Employee was driving a vehicle owned by Employer. Through discovery, Employer
learned that the accident happened at 10:00 p.m. and that, at the time, Employee was
returning from a movie with Employee’s mother. Employee’s work hours are 7:00 a.m.
until 3:00 p.m. Employee drives a company vehicle and takes the vehicle home at the end
of each work day. Thus, Employer believes there is no basis for Victim’s allegation that
Employee was in the course and scope of employment at the time of the accident. Trial is
scheduled to occur in six months.

(a) What, if anything, should Employer file now to try to have this lawsuit against
Employer dismissed before trial, and what legal standard, if any, must Employer satisfy
to obtain the relief sought? (7 points)

(b) Explain how Employer could properly offer factual evidence in support of Employer’s
effort. (3 points)

1.2 Susan, along with five other defendants, has been named a defendant in a partition lawsuit.
Susan believes that she has a claim against the plaintiff for a timber trespass occurring on
a different parcel of land that she solely owns. May Susan properly assert in this same
lawsuit her timber trespass claim against the plaintiff? Explain fully. (5 points)

1.3 When a lawyer signs a pleading filed for a client, what, if anything, does the lawyer certify
personally? (6 points)

1.4 Plaintiff filed an action for breach of a purchase agreement. In answer to Plaintiff’s
petition, Defendant denied Plaintiff’s allegations and asserted the affirmative defenses of
error and failure of consideration. During the course of trial, Defendant’s counsel seeks to
interrogate Plaintiff with a line of questioning that Plaintiff’s counsel believes is an attempt
to accuse Plaintiff of fraudulent conduct. What, if anything, should Plaintiff’s counsel do
to prevent that line of questioning? Your answer must explain Plaintiff’s counsel’s action
and the basis for that action. (5 points)

1.5 During the course of gathering and reviewing documents to respond to an opponent’s
discovery requests to Client, Client’s Lawyer discovered numerous pre-lawsuit emails
between non-lawyer upper level management employees of Client in which they discuss
possible strategies and other issues that may arise in the event of litigation. Are these pre-
lawsuit emails by non-lawyer employees of Client subject to production? Explain fully. (5
points)

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1.6 A husband filed his petition for divorce from his wife. A deputy sheriff served a copy
of the citation and the petition on the wife’s brother at his office. The plaintiff’s wife works
in the same office as her brother and is living with him after leaving her husband. Was the
service of process proper? Explain fully. (4 points)

1.7 An insurance company is a defendant in an action brought against it by its insured. After
three days of a bench trial, the plaintiff has rested her case. The insurance company
believes that the plaintiff has failed to offer evidence needed to establish her cause of
action. What, if anything, should the insurance company now do to try to secure an
immediate ruling in its favor, and what is the legal standard that the insurance company
must satisfy to prevail? (6 points)

1.8 In a lawsuit arising from a motor vehicle accident, the jury rendered a seven-figure verdict
against Defendant. News of that verdict has made all of the local newspapers. Four days
after the verdict, Defense Counsel received a call from Unknown Witness, who told Defense
Counsel that she read the newspaper account and was shocked by the verdict since she had
witnessed the accident and saw Plaintiff run a red light and cause the accident in question.
Later that same day, Defense Counsel met with Unknown Witness, who advised that both
she and her 22-year-old daughter witnessed the accident but were not referenced on the
accident report and were never contacted by anyone about the matter. What, if anything,
should Defense Counsel do with this information at this point and, if anything can be done,
what legal standard must be met and what time deadlines, if any, exist for taking action? (6
points)

1.9 What is the delay for requesting service of citation on all named defendants in a civil
action? If the request for service of citation is not timely made, what action, if any, should
be taken to obtain dismissal of the action? (3 points)

1.10 Defense Counsel is defending a personal injury action in which Defense Counsel
believes the evidence plainly demonstrates that, despite the clear liability of Defendant,
Plaintiff’s damages are very minor. Defendant has made a reasonable settlement offer to
Plaintiff, who rejected that offer without making a counteroffer. Defendant is confident
that a trial verdict will not exceed this settlement offer and is frustrated with the ongoing
costs of defending the claim. The suit is fixed for trial in two months. What, if anything,
should Defendant do to recover those costs from Plaintiff. Explain in detail what and when,
if anything, Defendant can do in this situation. (10 points)

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The following facts apply to Questions 1.11-1.16 below.

John’s Plumbing is a Louisiana corporation having its registered office in Winn Parish.
Owner lives in adjacent LaSalle Parish and owns a camp in adjacent Grant Parish. Owner called
John’s Plumbing to check a possible gas leak at his Grant Parish camp. John’s Plumbing sent
employee Ben, a resident of nearby Caldwell Parish who had one month experience as a plumber,
to field the call. Ben discovered a gas leak inside Owner’s Grant Parish camp. Ben replaced the
leaking valve with a valve manufactured by Ohio Valve Company, an Ohio corporation that is not
registered with the Louisiana Secretary of State and has no offices in Louisiana. One week later,
Owner’s Grant Parish camp was destroyed due to a gas explosion. Fortunately, Owner was away
and is not injured. Owner hired a lawyer to sue Ben and John’s Plumbing for the destruction of
his camp.

1.11 What parish or parishes would be a proper venue for Owner’s lawsuit against Ben and
John’s Plumbing? Explain fully. (12 points)

1.12 Owner sued Ben and John’s Plumbing in LaSalle Parish. Ben and John’s Plumbing
want to object to that venue.

(a) What pleading must be filed to object to venue in LaSalle Parish and when must
it be filed? (3 points)

(b) If the court finds that the objection is well-founded and that the grounds for the
objection cannot be removed, what are the two orders the court may issue in
sustaining the objection? (3 points)

Assume for Questions 1.13-1.16 below that suit is filed in a proper venue.

1.13 John’s Plumbing believes Ohio Valve Company’s valve was defective and wants to add
the company as a party to the lawsuit.

(a) What pleading must John’s Plumbing file to add Ohio Valve Company as a party
to the case? (2 points)

(b) Since Ohio Valve Company has no offices in Louisiana and is not registered with
the Louisiana Secretary of State, how must John’s Plumbing effect service of
process on Ohio Valve Company? Explain in detail how this is done. (4 points)

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1.14 Because Ohio Valve Company sells no products to any Louisiana distributors, it
wishes to contest personal jurisdiction of the Louisiana court. Its closest distributors to
Louisiana are in Longview, Texas; El Dorado, Arkansas; and Vicksburg, Mississippi.

(a) What pleading must Ohio Valve Company file to contest jurisdiction of the
Louisiana court over it in this matter and when must the pleading be filed? (4 points)

(b) What is the basis for possible jurisdiction over Ohio Valve Company, and how
should the judge rule? (6 points)

1.15 Owner’s attorney wants to know if John’s Plumbing has liability insurance that might
provide coverage in this lawsuit and if John’s Plumbing has any statements of witnesses
relating to this case. How should Owner’s attorney secure this information? (3 points)

1.16 The jury trial of this matter is scheduled to begin. During voir dire, a prospective juror
says “John’s Plumbing did a lousy job at my home last year, but I think I could be fair to
them.” What, if anything, should John’s Plumbing do to have this potential juror
excused? (3 points)

[End of the Louisiana Code of Civil Procedure Test]

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 LOUISIANA STATE BAR EXAMINATION
LOUISIANA CODE OF CIVIL PROCEDURE
AUGUST 2020

QUESTION 1 (100 POINTS)

Pearl, who is a resident of Lafayette Parish, was driving eastbound along Interstate 10
while on her way to visit family in West Baton Rouge Parish. Tucker, who is a resident of
Bossier Parish, was driving an 18-wheeler, also going eastbound on Interstate 10 to make a
delivery in Orleans Parish for his employer, Delta, Inc., which is a Louisiana corporation with a
registered office in Caddo Parish and another office in Rapides Parish. Upon leaving a weigh
station in St. Martin Parish and re-entering the interstate highway, Tucker’s truck collided with
Pearl’s vehicle. Pearl suffered major injuries from the accident and has hired a lawyer to file a
lawsuit on her behalf against Tucker and Delta, Inc.

Using the above facts, answer the following questions and explain each answer briefly.

1.1 (a) During the lawsuit, when the attorneys in the above described case file pleadings
on behalf of their clients, what do the attorneys certify personally? (6 points)

(b) What are the pleadings to which the attorneys’ certifications apply? (6 points)

(c) What obligations, if any, do the attorneys have as officers of the court? (3 points)

1.2 (a) What parish or parishes are a proper venue for Pearl’s lawsuit against Tucker and
Delta, Inc.? (12 points)

(b) If Delta, Inc. believes the lawsuit has been filed in the wrong venue, what must
Delta, Inc. file to challenge the venue and when must it be filed? (6 points)

1.3 Assume that the lawsuit has been filed in the proper venue, and a judge has been assigned
to the case. Pearl has been told the judge that has been assigned to the case is very pro-
company and often makes rulings in favor of defendant companies in personal injury
cases. Pearl has chosen to seek recusal of the judge. Is she likely to succeed? Explain
fully. (6 points)

1.4 What is the time delay for requesting service of citation on defendants Delta Inc. and
Tucker? If the request for service of citation is not timely made, what action, if any, can
be taken by the defendant(s) to obtain dismissal of the action? (6 points)

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1.5 During the discovery process, Pearl noticed the deposition of Tucker. Unfortunately,
Tucker has been caring for his mother, who is recovering from a recent surgery. She lives
two hours away and is in need of constant supervision and care. As a result, Tucker is
unable to leave his mother’s home in order to attend an in-person deposition. Given these
circumstances, how might Pearl seek to take Tucker’s deposition and what are the
requirements to do so? (3 points)

1.6 Assume that Tucker’s deposition has been scheduled. During Tucker’s deposition,
Pearl’s attorney noted he had recently looked over Tucker’s social media accounts and
noticed Tucker did not list having any children. Pearl’s attorney began asking questions
about why Tucker was not married and did not have any children. Tucker’s attorney
instructed Tucker not to answer any of the questions. Was it proper for Tucker’s attorney
to instruct Tucker not to answer the questions regarding marriage and children? Why or
why not? (4 points)

1.7 Through discovery, the parties learned that the weigh station, which is owned and run by
Interstate Weight, Inc., may have video recordings of the trucks exiting the weigh station
back onto the interstate highway and of the weigh station’s flashing light on the exit ramp
to signal to the truck drivers when it is safe to re-enter the highway. Pearl would like to
obtain any video recording of Tucker’s truck. What must Pearl do to obtain any video
recording that Interstate Weight, Inc. may have of Tucker’s truck? (3 points)

1.8 After adequate discovery, the court fixed a trial date. Pearl has now decided to file a
motion for summary judgment seeking a determination by the judge that Delta, Inc. and
Tucker are liable for the damages Pearl sustained in the accident.

(a) When is the last day that Pearl can file and serve the motion? (2 points)

(b) Assume that Pearl has timely filed and served the motion and that the court has
set a hearing date on the motion. When is the latest day before the hearing when
Delta, Inc. and Tucker can timely file and serve oppositions to the motion? (2
points)

(c) What is the standard by which the court may grant the motion? (6 points)

(d) When is the last day for the court to render a judgment on the motion? (2 points)

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1.9 Assume that Pearl’s motion for summary judgment was denied and that the case has been
set for trial by jury.

(a) If Pearl’s trial is by a jury of six, how many of the jurors must concur to render a
verdict unless the parties stipulate otherwise? (2 points)

(b) If Pearl’s trial is by a jury of twelve, how many of the jurors must concur to
render a verdict unless the parties stipulate otherwise? (2 points)

1.10 Assume that early in the discovery process, Pearl propounded interrogatories asking
Tucker to identify all witnesses to the accident and that Tucker timely and accurately
answered those interrogatories. Two weeks before trial, Tucker learned that a person
who was doing road work on the interstate highway observed the accident in its entirety
and further observed Tucker looking at his cell phone as he was going through the
flashing light. Tucker does not plan to call this witness at trial, since his testimony will
be adverse to Tucker’s interests. What responsibility, if any, does Tucker have to divulge
the identity of this new witness to Pearl? (6 points)

1.11 Assume that Pearl has recently learned that the operator of the weigh station has moved
across the state and is a six-hour drive from the courthouse in which the trial is to be held.
Pearl wants to present the operator as a witness for testimony during the trial. Can the
operator be compelled to testify at trial and, if so, what steps should Pearl take to compel
the operator’s testimony? (4 points)

1.12 Assume that trial is underway and that Pearl did not join the owner of the weigh station,
Interstate Weight, Inc. in the lawsuit. Delta, Inc. believes that not joining Interstate
Weight, Inc. will prejudice Delta, Inc. What, if anything, can Delta, Inc. do now? (6
points)

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1.13 Assume that the trial is over and that the jury returned a verdict in favor of Pearl and
against Delta, Inc. on Monday, December 4. The judge instructed Pearl to prepare and
furnish to Delta, Inc. a proposed judgment based upon the jury’s verdict. Pearl complied,
but Delta, Inc. had an objection to the proposed judgment. Thereafter, the judge held a
conference in chambers on Monday, December 11, and presented a judgment of her own,
to which all parties had objections. The judge then entered the courtroom and, on the
record and in the presence of the lawyers for all parties, announced her judgment, signed
the judgment she had prepared, and handed it to the deputy clerk of court for filing. The
judge acknowledged that all parties had objections to the judgment, and counsel for all
parties reiterated and stated those objections on the record. The sheriff served notice of
the judgment on Tuesday, December 12.

(a) What is the last date on which Delta, Inc. can move for a new trial or judgment
notwithstanding the verdict? (3 points)

(b) No party filed post-judgment motions, but Delta, Inc. wants to take a suspensive
appeal from the adverse money judgment. How many days, and from what date,
does Delta, Inc. have to file for the suspensive appeal? (4 points)

(c) Delta, Inc. has perfected its suspensive appeal, and the record has been lodged
with the court of appeal. Pearl filed no post-judgment motions but wants to
preserve her right to have the court of appeal consider her objections to the
judgment and modify it. What must Pearl file, where should it be filed, and when
should it be filed? (6 points)

[End of Louisiana Code of Civil Procedure Test]

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 LOUISIANA STATE BAR EXAMINATION
LOUISIANA CODE OF CIVIL PROCEDURE
FEBRUARY 2020

QUESTION 1 – 40 POINTS

(This fact pattern applies to Questions 1.1-1.13)

Tangi Electric Inc. is a Louisiana corporation with its registered office in Tangipahoa Parish.
Arthur lives in adjacent St. Helena Parish and owns a rental house in adjacent Livingston Parish.
Arthur called Tangi Electric to check unexplained power outages at his Livingston Parish rental
house. Tangi Electric sent employee Bob to respond to the call. Bob, a resident of nearby
Washington Parish, had 2 months experience as an apprentice electrician. Bob found a defective
breaker box in the Livingston Parish rental house and installed a new breaker box. The newly
installed box was manufactured by Portland Electric, an Oregon corporation with no offices or
representatives in Louisiana. One week later, Arthur’s Livingston Parish rental house was
destroyed by a fire that is believed to have originated in the new breaker box. Arthur wants to sue
Bob and Tangi Electric for negligence resulting in the destruction of his Livingston Parish rental
house.

Answer the following questions and explain each answer briefly:

1.1 What Parish or Parishes would be a proper venue for Arthur’s lawsuit against Bob and
Tangi Electric? (6 points)

1.2 Assume solely for this Question 1.2 that Arthur filed a lawsuit against Bob and Tangi
Electric in St. Helena Parish. Defendants Bob and Tangi Electric want to challenge the
venue. (4 points)
(a) What pleading must be filed to challenge the venue, and when must it be filed? (2
points)
(b) Are Defendants likely to prevail? Why or why not? (2 points)

For the remaining subquestions in Question 1, assume that Arthur filed suit in a proper venue.

1.3 The clerk’s office has taken no action to process Arthur’s suit so that it may be turned over
to the Sheriff for service. Arthur has written the clerk two letters requesting that the clerk
process the suit, but both letters have been ignored. Arthur has learned that defendant Bob
is the brother of the clerk of court. Arthur concludes that any further letter requests would
be futile. What step, if any, should Arthur take to request that a judge order the clerk of
court to process the suit? (2 points)

1.4 Arthur was successful in having the clerk of court process the suit and forward it to the
sheriff to make service upon Defendants. Tangi Electric promptly filed an answer. The
sheriff prepared and filed with the clerk of court a service return stating that Bob was served
personally. It has now been 45 days since the service and no pleadings have been filed by
Bob, nor has Arthur heard from anyone representing Bob. Arthur is ready to proceed to
trial with the case. What must Arthur file to proceed with the case and what are the time
delays, if any? (3 points)

1.5 In the petition, Arthur did not ask for trial by jury. If it wants a jury trial, what must Tangi
Electric do to ensure trial by jury in the case? (2 points)

For the remaining subquestions in this Question 1, assume that both Tangi Electric and Bob
have filed timely answers denying liability.

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1.6 Tangi Electric believes Portland Electric’s breaker was defective and wants to add it as a
party to the lawsuit. (4 points)
(a) What pleading must Tangi Electric file to add Portland Electric as a party to the
case? (1 point)
(b) How may Tangi Electric effect service of process on Portland Electric? Explain in
detail how this is done. (2 points)
(c) What must Tangi Electric file in the record to prove service was made on Portland
Electric? (1 point)

1.7 Because Portland Electric sells no products to any Louisiana distributors, it wishes to
contest personal jurisdiction of the Louisiana court. Its closest distributors to Louisiana
are in Houston, Texas; Little Rock, Arkansas; and Biloxi, Mississippi. (5 points)
(a) What pleading must Portland Electric file to contest jurisdiction of Louisiana over
it in this matter, and when must it be filed? (2 points)
(b) What is the basis for possible jurisdiction over Portland Electric? (3 points)

1.8 Arthur wants to know about Tangi Electric’s training program for apprentice electricians,
hiring requirements for newly employed electricians, and supervision policies for
apprentice electricians sent into the field to do electrical work. Arthur does not know which
Tangi Electric officials would be most likely to have knowledge of these subjects. What
action, if any, can Arthur’s attorney take to obtain the depositions of these officials without
knowing their identities? (2 points)

1.9 Arthur suspects that Bob has had a history of faulty electrical repairs while being employed
by Tangi Electric. Identify at least two forms of discovery that Arthur could serve to seek
to obtain that information? (2 points)

1.10 Arthur had fire insurance on the rental house with Ace Insurance Co. (“Ace”). Arthur
made a claim to Ace for the fire loss. More than one year after Arthur filed suit, Ace paid
Arthur its policy limits for the fire claim, but the payment was less than Arthur’s total
damages. Ace filed an Intervention as a plaintiff in Arthur's suit against Tangi and Bob,
seeking to recover by way of subrogation the amount Ace paid Arthur. Defendants filed
an exception of prescription. How should the court rule and why? (2 points)

1.11 Expert witness reports were exchanged, and the discovery depositions of both experts were
taken. Arthur believes that the defense expert is completely unqualified to give expert
testimony in the suit and that his methodology is “junk science.” (2 points)
(a) What motion should Arthur file to test the expert’s qualifications and opinions? (1
point)
(b) What is the time deadline for bringing the motion? (1 point)

1.12 After adequate discovery, the court fixed a trial date. Arthur has now decided to file a
Motion for Summary Judgment seeking a determination by the judge that Defendants are
liable for the fire and to set the damages. (4 points)
(a) When is the last day that Arthur can file and serve the motion? (1 point)
(b) Arthur has timely filed and served the Motion for Summary Judgment. The court
has set a hearing date on the motion. When is the latest day before the hearing date
when Defendants can file and serve oppositions to the motion? (1 point)
(c) When is the last day for the court to render a judgment on the motion? (1 point)
(d) Assume that the judge denied the Motion for Summary Judgment. The case
proceeded to a jury trial. At the close of Arthur’s case, Defendants believe Arthur,
under the evidence and applicable law, has shown no right to any relief against
Defendants and they want to have Arthur’s case dismissed. What should
Defendants do to have Arthur’s case dismissed at this point? (1 point)

1.13 Assume that the jury trial of this matter has begun, and the entire jury has been sworn and
accepted. Before beginning of the taking of evidence, a juror says “Tangi Electric did a
lousy job at my home last year, but I think I could be fair to them.” What, if anything,
should Tangi Electric do to have this juror removed? (2 points)

[End of Question 1]
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 LOUISIANA STATE BAR EXAMINATION
LOUISIANA CODE OF CIVIL PROCEDURE
FEBRUARY 2020

QUESTION 2 – 40 POINTS

2.1 Paul entered into a long term supply contract with International Corporation. The contract
in question has a complicated pricing provision that requires the monthly price to be
calculated based on the weighted average price as listed in three different recognized
industry publications. International Corporation has recently advised Paul that it believes
the calculations previously used were in error and that a slightly different weighted
calculation should now be used. Paul disagrees with International Corporation’s suggested
changes and seeks to bring legal action in advance of a breach of the contract that might
confirm the validity of the price calculation method that has been used by both parties to
date. What is the appropriate legal action, if any, that Paul should file and what kind of
relief should the court provide in conjunction therewith? (3 points)

2.2 When a lawyer has signed a pleading for a client and has filed it with the clerk of court,
what does the lawyer certify personally? (4 points)

2.3 List five obligations an attorney has as an officer of the court. (5 points)

2.4 A lawyer’s signature on a discovery request, response, or objection constitutes a

certification by the lawyer of what? (4 points)

2.5 In a civil suit between Donna and Pam, Donna failed to respond to discovery propounded
by Pam. Pam filed a motion to compel discovery. After a hearing on the motion, the judge
ordered Donna to respond to the discovery within 15 days. Donna, after 15 days from the
order, has still failed to respond to the discovery. What action should Pam take? (1 point)

2.6 A jury returned a verdict in favor of Peter and against Dale in the amount of $1 million.
Dale believes that the evidence was insufficient to support this verdict of $1 million in
damages and that the verdict was contrary to the law, but Dale does not contest the jury’s
liability finding. (8 points)
(a) What are the options for relief from this verdict that Dale can file in the trial court?
(2 points)
(b) What are the time delays for filing the options available to Dale? (1 point)
(c) What standards should the judge use in analyzing the jury’s verdict in order to
determine the availability of the options asserted by Dale? (4 points)
(d) The judge denied Dale’s attempt to obtain post-trial relief. The judge’s order was
mailed by the clerk of court to all counsel. What is the last day on which Dale can
file for a suspensive appeal? (1 point)

2.7 Plaintiff has a money judgment rendered in her favor and against Judgment Debtor for
$150,000. The judgment was rendered on March 2, 2010. The judgment has never been
collected due to Judgment Debtor’s limited means, but Plaintiff recently learned that
Judgment Debtor got “millions of dollars” from a winning lottery ticket. (9 points)
(a) Plaintiff is concerned that the judgment may soon prescribe due to the passage of
10 years unless she takes certain steps to prevent the prescription. What steps must
Plaintiff take to prevent the judgment from prescribing, what, if anything, must
Plaintiff file, and where it must be filed? (4 points)
(b) Plaintiff has taken the proper steps to prevent her judgment from prescribing and
now seeks to determine whether Judgment Debtor actually has any assets that might
be used to satisfy the judgment. What must Plaintiff file to learn from Judgment
Debtor whether he has any assets to satisfy the judgment? (1 point)
(c) Plaintiff has learned that Judgment Debtor has in a local bank more than sufficient
funds to pay all money owed to Plaintiff. Please briefly explain what Plaintiff must
file so that Plaintiff can have her judgment satisfied from Judgment Debtor’s bank
funds. (4 points)

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2.8 Dennis was served with discovery requests seeking potentially thousands of documents
that Dennis thinks are neither relevant to the litigation nor reasonably calculated to lead to
the discovery of admissible evidence. Dennis further believes that the discovery was
propounded to cause him to incur unnecessary effort and expense. What can Dennis file
with the court to restrict this discovery, and what standard is the court to apply? (3 points)

2.9 Penny was deposing a key employee of Defendant in a contract dispute. As Penny
proceeded with questioning, Penny noticed that the defense attorney continued to make
lengthy objections that were providing guidance and instruction to the witness as to how
to answer the questions. Are such objections appropriate under the Louisiana Code of Civil
Procedure? Explain why or why not. (3 points)

[End of Question 2]

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 LOUISIANA STATE BAR EXAMINATION
LOUISIANA CODE OF CIVIL PROCEDURE
FEBRUARY 2020

QUESTION 3 – 20 POINTS

The following subject matters were tested in this multiple choice section:

Actions related to immovable property; partition

City Court jurisdiction
Discovery; response deadline
Jury trial; challenge for cause
Notice of action to affect third persons
Petitory action
Service by a private person
Small succession
Succession venue
Venue; child support modification

[End of Question 3]

END OF LOUISIANA CODE OF CIVIL PROCEDURE TEST

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 LOUISIANA STATE BAR EXAMINATION
LOUISIANA CODE OF CIVIL PROCEDURE
JULY 2019

QUESTION 1 -- 40 POINTS

1.1. When a lawyer has signed a pleading for a client and has filed it with the clerk of court,
what does the lawyer certify personally? (4 points)

1.2. List three obligations under the Code of Civil Procedure an attorney has as an officer of
the court. (3 points)

1.3. A lawyer’s signature on a discovery response constitutes a certification by the lawyer of

what? (4 points)

1.4. Plaintiff sued Defendant for failure to make timely payment under a promissory note. The
promissory note provides that the full balance due thereunder becomes immediately due if
any periodic payment thereunder is not timely made. After adequate discovery, the court
fixed a trial date. Plaintiff has decided to file a motion for summary judgment for the judge
to rule that Defendant breached the promissory note and to award Plaintiff judgment for
the balance owing under the promissory note. (4 points total)

(a) What is the latest date when Plaintiff may timely file and serve the motion for
summary judgment? (1 point)

(b) Plaintiff has timely filed and served the motion for summary judgment. The court
has set a hearing date on the motion. What is the latest date when Defendant may
timely file and serve an opposition to the motion? (1 point)

(c) When is the last day for the court to render a judgment on the motion? (1 point)

(d) The judge denied the motion, and the case has proceeded to a bench trial. At the
close of Plaintiff’s case, Defendant believes Plaintiff, under the evidence and
applicable law, has shown no right to any relief against Defendant and wants to
have Plaintiff’s case dismissed. What can Defendant do to bring the trial to a
conclusion in Defendant’s favor at this point? (1 point)

1.5. Expert witness reports in a products liability case have been exchanged, and the discovery
depositions of both experts have been taken. Attorney for Defendant believes that
Plaintiff’s expert is completely unqualified to give expert testimony in the suit and that his
methodology is “junk science.” A.) What motion should be brought before the court to
test the expert’s qualifications and opinions, and B.) what is the time deadline for bringing
the motion? (2 points)

1.6. Defendant failed to respond to discovery propounded by Plaintiff. Plaintiff filed a motion
to compel discovery. After a hearing on the motion, the judge ordered Defendant to
respond to the discovery within 15 days. Defendant has still failed to respond to the
discovery. What action should Plaintiff take? (1 point)

1.7. Plaintiff owns a homeplace and 100 acres of contiguous, wooded property. Plaintiff has
observed that a forest crew is cutting what appears to be a wide right-of-way and that his
property appears to be next in line for advancement. Plaintiff wants to file an action to
prevent immediate entry upon his land by the company that is cutting the right of way.
Plaintiff is aware of no right giving anyone the authority to clear a path across his property
and wants such activity prohibited in the future.

What pleadings should Plaintiff file to prevent the immediate entry and work on Plaintiff’s
property and to prevent same in the future? Explain fully, including whether notice of any
pleading filed must be given to the company employing the forest crew. (10 points)

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1.8. Plaintiff claims to be the sole owner of a tract of land in Cameron Parish. Plaintiff read in
a local newspaper that Defendant, who lives in Bienville Parish, has advertised to sell the
land, cash only and without any warranty of title. Plaintiff filed a lawsuit against Defendant
in Cameron Parish seeking to prevent any sale of the land by Defendant. (7 points total)
(a) What additional action should Plaintiff take, and where, to protect Plaintiff’s
interest in the land from future sales by Defendant? (2 points)
(b) Plaintiff’s suit has been filed but the clerk’s office has taken no action to process
the suit so that it may be turned over to the sheriff for service. Plaintiff has written
two letters to the clerk requesting that the suit be processed by the clerk, but they
have been ignored. Plaintiff knows there are deadlines for service, and has further
learned that Defendant is the brother of the clerk of court. Plaintiff concludes that
any further letter requests would be futile. What step may Plaintiff take to request
that a judge order the clerk of court to perform her official duties? (2 points)

(c) Plaintiff is ultimately successful in getting the clerk of court to process the suit and
to forward the suit to the Sheriff of Bienville Parish to effect service upon
Defendant. The Sheriff of Bienville Parish returned a service return to the Cameron
Parish Clerk of Court in proper form stating that domiciliary service was made on
Defendant at the address given for service in the petition. It has now been 45 days
since the service and no pleadings have been filed by Defendant, nor has Plaintiff
heard from anyone representing Defendant. Plaintiff is ready to proceed to
judgment. What must Plaintiff file to proceed to judgment in Plaintiff’s favor, and
what are the time delays, if any? (2 points)
(d) Judgment in favor of Plaintiff and against Defendant has been rendered. Three
months later, Defendant learns about the judgment, even though he never received
a citation for, or a copy of, Plaintiff’s petition. Upon investigation, Defendant
learns that a Bienville Parish deputy sheriff delivered the citation and petition to a
neighbor rather than to anyone residing in Defendant’s home. What action should
Defendant take to challenge this judgment? Explain. (1 point)
1.9. A single man died a year ago without leaving a will. At the time of his death, he was
domiciled in Jefferson Davis Parish and had a single heir, namely, his adult daughter. The
only property he owned at the time of his death was his home in Jefferson Davis Parish and
the contents in the home. The value of all the property in his estate, at the time of death,
was $100,000.

What steps, without filing a judicial proceeding, should the daughter take to formally
recognize her ownership of this home? Explain. (3 points)

1.10. A woman and her minor daughter are each one-half owners of a tract of land in Louisiana.
The woman has been approached by a someone who has made an offer to purchase the
land. She believes the offer is a good deal for both her and her minor child. What further
steps must she take to have the authority to sell her minor child’s one-half interest in the
home? Explain. (2 points)

[End of Question 1]

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 LOUISIANA STATE BAR EXAMINATION
LOUISIANA CODE OF CIVIL PROCEDURE
JULY 2019

QUESTION 2 -- 40 POINTS

Fact Pattern for all of Question 2:

Plaintiff was injured when the vehicle he was operating was rear-ended by an 18-wheeler operated
by Driver and owned by Owner. Driver was acting within the course of and scope of his
employment with Owner at the time of the collision. The collision occurred in a construction zone
on a state highway in Calcasieu Parish. The construction was being undertaken by the Louisiana
Department of Transportation and Development (DOTD). Plaintiff is a resident of Allen Parish.
Driver is a resident of Tensas Parish. Owner is a Delaware corporation with its principal place of
business in Phoenix, Arizona, but it is registered with the Louisiana Secretary of State to do
business in Louisiana and has appointed a registered agent and has a Louisiana office, both located
in East Baton Rouge Parish.

2.1. What parish or parishes would be a proper venue for Plaintiff’s lawsuit against Driver and
Owner? Explain fully. (6 points)

The facts set forth in each remaining question below for this Question 2 are cumulative (except
for the facts in question 2.3 below). Thus, for example, the facts in question 2.2 apply equally
to questions 2.3-2.14, the facts in question 2.4 apply equally to question 2.5-2.14, the facts in
question 2.5 apply equally to question 2.6-2.14, etc.

2.2. Ten days after suit was filed, the clerk issued a notice to Plaintiff that the sheriff was unable
to serve Driver because no address was given. What is the delay to request service with an
address for Driver? (1 point)

2.3. Assume solely for this question 2.3 that Owner has been served, that Driver has not been
served and that the time delay to request service on Driver has expired. A.) What action
can be taken to seek dismissal of Driver? B.) What must the judge determine in order to
dismiss Driver? (3 points)

2.4. Both Defendants have been timely served. Defendants think Plaintiff has filed suit in the
wrong venue. What pleading must be filed to challenge the venue, and when must it be
filed? (2 points)

2.5. Plaintiff’s petition does not ask for trial by jury. What must Defendants do to obtain a trial
by jury in the case? (2 points)

2.6. A joint answer has been timely filed by both Driver and Owner. Plaintiff’s lawyer suspects
that Driver has a history of rear-end collisions. What discovery could be served on Driver
and on Owner to obtain that information? (2 points)

2.7. Plaintiff’s lawyer suspects that Owner’s training program for its drivers, its hiring
requirements for newly employed drivers, and its supervision policies for newly employed
drivers are deficient. However, Plaintiff doesn’t know which of Owner’s officials is most
likely to have knowledge of these subjects. A.) What action can Plaintiff take to obtain the
deposition of these officials before knowing their identities? B.) What must Owner do to
comply with this action? (2 points)

2.8. Defendants believe from information they obtained that the warnings and signage on the
highway in the construction zone where the accident occurred were woefully inadequate
and caused or contributed to the accident. Defendants want the fault of the Louisiana
Department of Transportation and Development (DOTD) to be measured at trial so as to
reduce any award to Plaintiff against Defendants, but do not want to name DOTD as a party
to the suit. What must Defendants do in pleadings and at trial to accomplish that? (2 points)

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2.9. During discovery, Plaintiff learns that an eyewitness to the accident lives in another parish,
over 200 miles from the courthouse in which the trial is to be held. Plaintiff wants to
present that witness for testimony at trial. Can the witness be compelled to testify at trial?
Why or why not? (3 points)

2.10. Plaintiff properly notices the deposition of Driver for trial purposes. During the deposition,
the defense lawyer repeatedly makes lengthy objections which Plaintiff believes are
providing guidance and instruction to Driver as to how to answer the questions; the defense
lawyer acts completely discourteously to Plaintiff and otherwise conducts himself as he
would never conduct himself in open court. Following completion of the deposition and
the transcript, Plaintiff brings a motion to the judge on the basis that he believes that the
defense lawyer's objections were in violation of the Code of Civil Procedure and seeks
sanctions. The judge agrees with Plaintiff. What can the judge order as sanctions? (2
points)

2.11. Plaintiff, in Defendants’ opinion, has been unreasonably high in his settlement demands.
Defendants decide to make an offer of judgment to put pressure on Plaintiff. A.) What is
the deadline to serve an offer of judgment and what does the Code of Civil Procedure
require to be included in the offer of judgment? B.) What is the deadline for Plaintiff to
serve written notice that the offer is accepted? (5 points)

2.12. All parties agree to trial by jury, and jury selection has begun in the case. During jury
selection, a potential juror advises that she is the legal secretary for Plaintiff’s lawyer.
Defendants ask the judge to excuse this potential juror for cause. What should be the basis
for the request? (1 point)

2.13. Assume that the jury returned a verdict in favor of Plaintiff and against Driver and Owner
in the amount of $1 million. Although they do not contest the jury’s liability finding,
Driver and Owner believe that the evidence was insufficient to support this verdict of $1
million in damages and the verdict award was contrary to the law. What are the two options
for relief from this verdict that can be filed in the trial court? Provide the standards the
judge is to use in analyzing the jury’s verdict in order to determine the viability of each of
options asserted by Driver and Owner. (6 points)

2.14. Assume that the trial judge denied Defendants’ post-trial motions for relief. The clerk
mailed the judge’s order on July 5. A.) What is the last day upon which Defendants can
file for a suspensive appeal? B.) What is the last day upon which Defendants can file for a
devolutive appeal? (3 points)

[End of Question 2]

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 LOUISIANA STATE BAR EXAMINATION
LOUISIANA CODE OF CIVIL PROCEDURE
JULY 2019

QUESTION 3 -- 20 POINTS

For each of the following multiple choice items, select the letter that corresponds to the
correct answer.
3.1. Grounds for recusal of judge

3.2. Exceptions; time of filing

3.3. Pleadings definition

3.4. Finality of Supreme Court judgments

3.5. Delays for new trial

3.6. Successions; venue

3.7. Jury trial, challenge for cause

3.8. Finality of Court of Appeal judgments

3.9. Sanctions for failure to make discovery

3.10. Depositions by telephone/remote electronic means

[End of Question 3]

END OF LOUISIANA CODE OF CIVIL PROCEDURE TEST

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