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Terms Used In Louisiana Code of Evidence 412.5

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

            A. In any civil action alleging acts of domestic abuse as defined in La. Rev. Stat. 46:2132, family violence as defined in La. Rev. Stat. 9:362, or sexual abuse as defined in La. Rev. Stat. 9:362, evidence of the defendant‘s commission of a crime, wrong, or act involving acts of domestic abuse, family violence, or sexual abuse may be admissible and may be considered for its bearing on any matter to which it is relevant subject to the balancing test provided in Article 403.

            B. A plaintiff in a tort action intending to offer evidence under the provisions of this Article shall provide reasonable notice in advance of trial of the nature of such evidence.

            C. The provisions of this Article shall not be construed to preclude or limit the introduction or consideration of any evidence otherwise authorized under law.

            Acts 2018, No. 228, §1, eff. May 15, 2018.