Expediting a Court Date in a Torts Case in Louisiana

To expedite a court date in a torts case in Louisiana, you need to demonstrate urgency and potentially file a motion for a hearing or trial:

1. Demonstrating Urgency:

• Show that an immediate hearing is necessary: If you have a strong reason to believe that waiting for a regular court date will cause significant harm or irreparable injury, you need to clearly explain that to the court.
• Provide documentation: Support your claim with evidence like medical records, police reports, or other documents that illustrate the urgency of the situation.

2. Filing a Motion:

• Motion for a Hearing: You can file a motion requesting an immediate hearing or trial. This motion should clearly state the reasons for the urgency and why an immediate resolution is necessary.

3. Procedural Steps:

• Filing with the Court: Ensure all documents are filed correctly with the appropriate court clerk in Louisiana.
• Serving Parties: Notify all parties involved in the case about the motion for a hearing or trial, as well as any supporting documentation. This usually involves service by a sheriff's deputy or a court-appointed process server.

4. Potential Factors for Expedited Hearing:

• Medical Necessity: If a person is facing a medical emergency or is in immediate danger, the court may prioritize the case.
• Serious Injury or Loss: If there is a risk of significant financial loss, damage to property, or other serious consequences, the court may grant an expedited hearing.
• Interdiction or Guardianship: If the case involves the interdiction or guardianship of a person, the court may prioritize the case to ensure the individual's welfare.

5. Key Considerations:

• Louisiana Law: The prescriptive period for tort claims in Louisiana is now two years for most cases, except for products liability claims, which remain at one year.

In short, to get an immediate court date, you need to demonstrate to the court why the situation is urgent and request a hearing or trial accordingly.