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Terms Used In Louisiana Revised Statutes 13:621.24.2

  • En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
  • 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.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

            A. In an effort to improve access to justice and create a more efficient and effective justice system, the Twenty-Fourth Judicial District Court, by rule adopted by a majority of the judges sitting en banc, may establish the Online Judge Pilot Program. Each division of court, now in existence or subsequently created, is authorized to establish a process to handle any preliminary matter exclusively online.

            B. Pursuant to the inherent judicial power of the court, the court may order the parties to any civil case to participate in the program. Any party who wishes to opt out of the program shall file a written motion to opt out within ten days after service of the order, which may be granted ex parte. If no party opts out, all parties shall participate in the program unless a party has been exempted by the court due to an undue hardship. An undue hardship exists when a party cannot access the online system or participate in the program without substantial difficulty or expense as determined by the court.

            C. In an effort to expedite litigation, oral arguments shall be waived and all motions and exceptions shall be referred to the program, unless the court determines that oral arguments or witness testimony is necessary. Written argument may take place through the program in an asynchronous manner within a time frame specified by the court. The court may also designate a character limit depending upon the complexity of the issue. The court may consider only those documents filed in support of or in opposition to the subject motion and shall consider any documents to which no objection is made. Any objection to a document shall be raised in a timely filed opposition or reply memorandum. The court shall consider all objections prior to rendering judgment. The court shall specifically state in writing which documents, if any, it held to be inadmissible or declined to consider. The parties may present and offer additional evidence if oral arguments are permitted or witness testimony is necessary.

            D. All messages related to a hearing held through the program shall be considered part of the court record and may be used for any purpose after having been certified by the court reporter. Any issue discussed through the program during the pretrial conference may not be used as evidence in any judicial or administrative proceeding.

            E. Notwithstanding any provision of law to the contrary, every pleading subsequent to the original petition, including a pleading or order that sets a court date, shall be served by transmitting an electronic copy to all parties through the program established by the court.

            F. This Section shall be null and void on and after August 1, 2025.

            Acts 2021, No. 409, §1.