Background
State Farm Mutual Automobile Insurance Company, as subrogee of Gustavo Henao, brought an action against Jerry Willie Martin and Susan Hutson in her capacity as Sheriff of Orleans Parish. The action was consolidated with Julia Lombardo’s suit against Hutson in her official capacity and Martin.
On February 26, 2026, the Sheriff filed a motion seeking leave of court to file a witness and exhibit list. The trial court denied the motion in a March 4, 2026 judgment, and the Sheriff sought supervisory review in the Louisiana Court of Appeal, First Circuit.
The Court’s Holding
The First Circuit granted the writ and vacated the judgment denying the Sheriff’s motion. The court relied on Louisiana Code of Civil Procedure article 963(B), which provides that a written motion must be served on and tried contradictorily with the adverse party if the requested order is one to which the mover is not clearly entitled or if the order requires supporting proof.
The appellate court remanded the matter with instructions for the trial court to set a contradictory hearing on the Sheriff’s motion for leave to file the witness and exhibit list. The court did not decide whether leave ultimately should be granted.
Key Takeaways
- The First Circuit vacated the trial court’s denial of the Sheriff’s motion for leave to file a witness and exhibit list.
- Article 963(B) calls for service and a contradictory hearing when either of its stated conditions applies.
- The remand requires a hearing but leaves the merits of the Sheriff’s motion for the trial court to determine.
Why It Matters
The order emphasizes the procedural safeguard supplied by article 963(B): when its disjunctive standard applies, the adverse party must receive service and an opportunity to contest the motion at a hearing. The decision addresses the process required for resolving the Sheriff’s request, not whether the requested filing should be permitted.