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The judge will either grant or deny the motion. If it is granted, the case is over and the defendant wins. If the motion is denied, as it usually is, the defense is given the opportunity to present its evidence.
The most common post-trial motions include: Motion to dismiss. Motion for judgment of acquittal. Motion for a trial order of dismissal.
Three different modes of procedure are used in civil matters in the trial courts of this state: ordinary, summary, and executory.
A motion for new trial shall be decided expeditiously and within seven days from the date of submission for decision.
From the foregoing, it can be seen that the rules allow the filing of a motion for new trial on the grounds of fraud, accident, mistake or excusable negligence; or of newly discovered evidence, in the manner provided for proof of motions.
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Summary proceedings are those which are conducted with rapidity, within the delays allowed by the court, and without citation and the observance of all the formalities required in ordinary proceedings. Disclaimer: These codes may not be the most recent version. Louisiana may have more current or accurate information.
A summary judgment may be rendered dispositive of a particular issue, theory of recovery, cause of action, or defense, in favor of one or more parties, even though the granting of the summary judgment does not dispose of the entire case as to that party or parties.
Louisiana is the only Civil law jurisdiction in the United States. Louisiana gets its Civil law legal system from its colonial past as a possession of two Civil law countries, Spain and France. It may be better to think of Louisianas legal system as a hybrid consisting of both Civil and Common law influences.
Common pretrial motions include: Motion to suppress. Discovery Motion. Motion to change venue. Motion to dismiss. Motion to disclose identity of informant. Motion to modify bail.
The essential requisites for the existence of res judicata are: (1) the former judgment must be final; (2) it must have been rendered by a court having jurisdiction of the subject matter and the parties; (3) it must be a judgment on the merits; and (4) there must be, between the first and second actions (a) identity of

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