Civil Suit Process
Plaintiff files oral or written claim
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File claim (oral or written) with JP, providing defendant info and amount.
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Verify amount does not exceed $5,000 (or residential eviction) and subject matter is within jurisdiction (no family/succession/state/immovable title/possessory actions). Venue is waivable.
Branches- Jurisdiction Valid Step 3: Determine Proceeding Type
- Lack of Jurisdiction See: Procedural Referral
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Classify as Summary (Eviction) or Ordinary (All other claims).
Branches- Summary (Eviction) See: Eviction
- Ordinary Proceeding Step 4: Verify Procedural Capacity
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Defendant has 10, 15, or 30 days to answer depending on service/location.
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Respond to citation.
Branches- Files Answer/Appears Step 17: Pre-Trial Check
- Files Answer & Reconventional Demand Step 13: Handle Reconvention
- Files Exception Step 14: Handle Exception
- Fails to Answer/Appear Step 15: Verify Default Requirements
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Handle filed exception (See Exceptions Process).
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Verify service and time elapsed. Defendant may file Answer at any time prior to confirmation.
Branches- Plaintiff proves case Step 16: Enter Default Judgment
- Proof insufficient Outcome: Dismiss Case
- Late Answer Filed Step 17: Pre-Trial Check
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Enter Default Judgment for Plaintiff (See Default Judgment Process for Notice rules).
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Ensure trial date is set and notices sent (if not done in issuance).
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Conduct Trial (Plaintiff Case -> Defendant Case -> Rebuttal).
- Judgment for Plaintiff
- Judgment for Defendant
- Default Judgment
- Dismissal