Louisiana Revised Statutes 9:3852 – Dismissal upon motion to dismiss filed by the principal
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Terms Used In Louisiana Revised Statutes 9:3852
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Fraud: Intentional deception resulting in injury to another.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Testify: Answer questions in court.
A. If the principal files a motion to dismiss the action, the principal shall testify in person at the hearing on the motion or, with the agreement of the parties or for good cause shown, by visual remote technology or by deposition.
B. The court shall grant the principal’s motion to dismiss the action if it finds that the principal is able to comprehend generally the nature and consequences of the acts of the mandatary and that the mandatary’s authority to act is not the result of fraud, duress, or undue influence.
Acts 2014, No. 356, §1.