Louisiana Children’s Code 646.1 – Prehearing conference
Terms Used In Louisiana Children's Code 646.1
- Child: means a person under eighteen years of age who, prior to juvenile proceedings, has not been judicially emancipated under Civil Code Article 366 or emancipated by marriage under Civil Code Article 367. See Louisiana Children's Code 603
- Department: means the Department of Children and Family Services. See Louisiana Children's Code 603
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means any individual, partnership, association, agency, or corporation, and specifically shall include city, parish, or state law enforcement agencies, and a parish or city school board or a person employed by a parish or city school board. See Louisiana Children's Code 603
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
A. On its own motion or on motion of counsel, the court may convene a prehearing conference attended by the district attorney, the department, counsel for all parties, unrepresented parties, and such other persons as the court deems proper.
B. The prehearing conference may be conducted either in person or by telephone to consider any of the following:
(1) The consideration of alternatives to formal court proceedings when their use is appropriate and in the best interests of the child.
(2) Efforts to identify and locate an absent parent, and suitable relatives or other suitable individuals willing and able to offer a stable and safe home for the child.
(3) Whether there is an issue of paternity requiring the issuance of an order for immediate blood or tissue sampling in accordance with the provisions of La. Rev. Stat. 9:396 et seq.
(4) The simplification of the issues including the elimination of frivolous claims or defenses.
(5) The necessity or desirability of amendments to the petition.
(6) What material facts and issues exist without substantial controversy, and what material facts and issues are actually and in good faith controverted.
(7) Proof, stipulations regarding the authenticity of documents, and advance rulings from the court on the admissibility of the evidence.
(8) Limitations or restrictions on, or regulation of, the use of expert testimony.
(9) The control and scheduling of discovery.
(10) The identification of witnesses, documents, and exhibits.
(11) Such other matters as may aid in the disposition of the action.
C. The court shall render an order which recites the action taken at the prehearing conference, the amendments allowed to the petition, and the agreements made by the parties as to any of the matters considered, and which limits the issues for adjudication to those not disposed of by admissions or agreements of counsel. Such order controls the subsequent course of the action, unless modified at the adjudication hearing to prevent manifest injustice.
D. If counsel for any party fails to obey a prehearing order, or to appear at the prehearing and scheduling conference, or is substantially unprepared to participate in the conference, or fails to participate in good faith, the court, upon its own motion or on the motion of a party, after hearing, may make orders as are just, including orders provided in Code of Civil Procedure Article 1471(A)(2), (3), and (4). In lieu of or in addition to any other sanction, the court may require the party or counsel for the party, or both, to pay the reasonable expenses incurred by noncompliance with this Paragraph, including attorney fees.
Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2022, No. 272, §1.