Louisiana Code of Civil Procedure article 966 has been amended. Changes to the briefing schedule are among the most significant changes in the new rule. The new rule provides that in the absence of a case management order, a motion for summary judgment must be filed in accordance with the following:
• The motion must be served on all parties not less than sixty-five days before trial.
• The motion must be set for hearing not less than thirty days from filing (formerly fifteen days).
• An opposition and supporting documents are to be filed not less than fifteen days prior to the hearing date (formerly eight days).
• A reply memorandum, if filed, is required to be filed five days before hearing (formerly two days). Also, no additional documents may be filed with the reply memorandum.
As before, the motion will be set for contradictory hearing. A judgment is required to be issued not less than twenty days prior to trial (formerly 10 days). The new rule goes into effect on January 1, 2016.
Simone H. Yoder