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Documents In Summary Judgment
Summary
In Louisiana, documents for summary judgment must be part of pleadings or authenticated in a deposition/affidavit per Article 966(A)(4). Admissions due to untimely responses can be used as evidence. If attached to the original petition or acknowledged by the other party, they might be considered part of the pleadings. Courts have discretion, but lack of authentication can challenge admissibility.Full Conversation
no the court rules that the trial court ruled they were eligible for consideration in the motion for summary judgment, the defendants filed an appellate brief arguing that they should not be eligible for consideration. The issue is whether the documents are considered as part of the pleadings or not, they were not authenticated in a deposition or affadavit
In Louisiana, under Article *(A)(*) of the Louisiana Code of Civil Procedure, documents must be part of the pleadings or authenticated in a deposition/affidavit to be considered in a motion for summary judgment.
Key Points:
- Admissions deemed admitted due to untimely responses can be used as evidence.
- Documents must be part of the pleadings or authenticated in a deposition/affidavit.
Have you consulted any case law or precedents that might provide guidance on this issue?
Key Points:
- Admissions deemed admitted due to untimely responses can be used as evidence.
- Documents must be part of the pleadings or authenticated in a deposition/affidavit.
Have you consulted any case law or precedents that might provide guidance on this issue?
no
It sounds like a complex issue. Here are a few things to consider:
- Admissions deemed admitted due to not being answered timely are generally considered as evidence.
- For documents to be considered in a motion for summary judgment, they need to be part of the pleadings or authenticated through deposition/affidavit.
Have you thought about consulting a local attorney to get more specific advice on this matter?
- Admissions deemed admitted due to not being answered timely are generally considered as evidence.
- For documents to be considered in a motion for summary judgment, they need to be part of the pleadings or authenticated through deposition/affidavit.
Have you thought about consulting a local attorney to get more specific advice on this matter?
are the documents part of the pleadings or not, what will determine whether they should be considered part of the pleadings
Case Rating: *
In Louisiana, under Article *(A)(*) of the Louisiana Code of Civil Procedure, documents can be used in support of a motion for summary judgment if they are part of the pleadings or authenticated in a deposition/affidavit. The determination of whether documents are part of the pleadings depends on whether they were attached to the original petition/motion or properly introduced as evidence.
Would you like more specific advice on how to proceed, or do you have any other questions about this issue?
In Louisiana, under Article *(A)(*) of the Louisiana Code of Civil Procedure, documents can be used in support of a motion for summary judgment if they are part of the pleadings or authenticated in a deposition/affidavit. The determination of whether documents are part of the pleadings depends on whether they were attached to the original petition/motion or properly introduced as evidence.
Would you like more specific advice on how to proceed, or do you have any other questions about this issue?
what if they were only attached to the motion for summary judgment?
Case Rating: *
In Louisiana, under Article *(A)(*) of the Louisiana Code of Civil Procedure, documents must be part of the pleadings or authenticated in a deposition or affidavit to be considered in a motion for summary judgment. If the documents were only attached to the motion for summary judgment and not authenticated, their admissibility could be challenged.
Would you like to consult a local attorney for more specific advice on this matter?
In Louisiana, under Article *(A)(*) of the Louisiana Code of Civil Procedure, documents must be part of the pleadings or authenticated in a deposition or affidavit to be considered in a motion for summary judgment. If the documents were only attached to the motion for summary judgment and not authenticated, their admissibility could be challenged.
Would you like to consult a local attorney for more specific advice on this matter?
could they still be admissible or not
Case Rating: *
In Louisiana, documents attached solely to a motion for summary judgment and not authenticated in a deposition or affidavit may face admissibility challenges under Article *(A)(*). Courts may have discretion, but the lack of authentication can be a significant hurdle.
Would you like more specific advice or have additional questions?
In Louisiana, documents attached solely to a motion for summary judgment and not authenticated in a deposition or affidavit may face admissibility challenges under Article *(A)(*). Courts may have discretion, but the lack of authentication can be a significant hurdle.
Would you like more specific advice or have additional questions?
what if they were attached to the petition or otherwise sent to the other party prior to the motion for summary judgment
Case Rating: *
If the documents were attached to the petition or sent to the other party prior to the motion for summary judgment, they might still be considered part of the pleadings. The court's decision will depend on how these documents were presented and whether they meet the requirements of Article *(A)(*) for being part of the pleadings.
Is there any other specific detail or document-related question you have?
If the documents were attached to the petition or sent to the other party prior to the motion for summary judgment, they might still be considered part of the pleadings. The court's decision will depend on how these documents were presented and whether they meet the requirements of Article *(A)(*) for being part of the pleadings.
Is there any other specific detail or document-related question you have?
be more specific
Case Rating: *
In Louisiana, under Article *(A)(*), documents must be either part of the pleadings or authenticated in a deposition or affidavit to be considered in a motion for summary judgment. If they were attached to the original petition or properly introduced as evidence, they might be considered part of the pleadings.
To be more specific, the key factors include:
- Attachment to Original Petition: If the documents were attached to the original petition, they are generally considered part of the pleadings.
- Proper Introduction: If the documents were sent to the other party and acknowledged before the motion for summary judgment, they might be considered part of the pleadings.
- Authentication: If the documents were authenticated in a deposition or affidavit, they could be included in the motion for summary judgment.
Would you like to consult a local attorney for further advice on this matter?
In Louisiana, under Article *(A)(*), documents must be either part of the pleadings or authenticated in a deposition or affidavit to be considered in a motion for summary judgment. If they were attached to the original petition or properly introduced as evidence, they might be considered part of the pleadings.
To be more specific, the key factors include:
- Attachment to Original Petition: If the documents were attached to the original petition, they are generally considered part of the pleadings.
- Proper Introduction: If the documents were sent to the other party and acknowledged before the motion for summary judgment, they might be considered part of the pleadings.
- Authentication: If the documents were authenticated in a deposition or affidavit, they could be included in the motion for summary judgment.
Would you like to consult a local attorney for further advice on this matter?
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