Venue

Question 1

Venue - Defined

Answer 1

The parish where an action or proceeding may properly be brought.

Venue is proper in the parish where the plaintiff is domiciled or in any parish of proper venue

Objection to venue is made by timely filing a declinatory exception of improper venue

Question 2

General Rules

Answer 2

Question 3

Domicilary Test

Answer 3

Domicile is where the individual has a habitual residence

Change of Domicile- To change domicile, must move with the intent to remain or file declaration stating intent to change domicile

Question 4

Optional Venue

Answer 4

Venue options in addition to those available under the general rules

Joint Ors:

1. proper venue for any of joint obligors
2. P is domiciled if one of Ds is an insurance co.

Tort: where:

1. damages were sustained;
2. wrongful conduct occurred; or
3. D is domiciled.

Suit to enjoin a wrongful conduct: parish where wrongful conduct occurred or may occur

Action on an open account: where

1. account was created
2. underlying services performed
3. debtor’s domicile

Action on a contract: where

1. their contract was executed
2. where any work or service was or was to be performed

Question 5

Forum Non Conveniens

Answer 5

Transfer of suit when venue is proper but is necessary for the convenience of the parties and witnesses and in the interest of justice.

CANNOT be transferred under FNC when brought:

1. Parish of P’s domicile,
2. Where there is proper jx and venue

• Examiner will say it’s brought in the Plaintiff’s residence not a domicile to trick you. Be on the lookout.

Question 6

Non-Waivable Venue

Answer 6

The venue for actions that fall under these rules may not be waived nor may a court that is not the court of proper venue under these rules hear the matter.

Actions for nullity of a judgment = parish where judgment was rendered

Question 7

Recusation of Judges - Mandatory Grounds

Answer 7

Trial or appellate judge shall be recused when he:

Is a Witness

Was employed/consulted as an attorney in the cause OR associated w/ attorney during the cause, and the judge participated in representation in the cause

Is the spouse of a party, or of an attorney employed in the cause

Is biased, prejudiced, or interested in the cause or its outcome or against the parties/parties’ attorneys or any witness to such an extent that he would be unable to be fair and impartial

Question 8

Permissive - Recusation of Judges

Answer 8

Trial or appellate judge may be recused when he:

• Has been associated with an attorney during the latter’s employment in the cause
• Is represented by an attorney in the case at the time of the hearing (in which case the employment shall be disclosed)
• Has performed a judicial act in the case in another court
• Is related to:
  
  • A party within the fourth degree
  • An attorney employed in the cause or the spouse of an attorney within the second degree
  • If the judge’s spouse, parent, child, or immediate family members living in the judge’s household has a substantial economic interest in the subject matter of the case that it would prevent him from being fair and impartial

Question 9

Officer of the Court

Answer 9

As an officer of the court, an attorney must: CTTN

• Conduct himself with decorum consistent with the dignity and authority of the court;
• Treat all participants with due respect;
• Not interrupt opposing counsel or impede orderly judicial business;
• Not encourage false evidence; and
• Not deceive the court.

These actions are punishable as a contempt of court.