Louisiana does not have specific rules of civil procedure. However, some court procedures relating to civil actions are stated in Louisiana Code of Civil Procedure. Parties in a civil action are called plaintiff and defendant. Plaintiff is the person who initiates the action, and defendant is the adverse party. According to La. C.C.P. Art. 681, an action should be brought only by a person having real and actual interest in the suit. If a party is an unemancipated minor, s/he should be represented by a court appointed tutor in the absence of the minor’s parents. If a mentally incapacitated person is a party, s/he should be represented by a curator.
Service of process can be made at any time whether it is day or night, including Sundays and holidays. According to La. C.C.P. Art 852, pleadings should be made in writing. Pleadings in Louisiana consist of petitions, exceptions, written motions, and answers. Under La. C.C.P. Art 1551, pretrial conference is conducted before the court. Louisiana recognizes trial by jury as of right. A judgment can be interlocutory or final. Interlocutory judgments are passed in course of the action on preliminary matters whereas, final judgment is passed determining the merits in whole or in part.
