OFFICE HOURS - Room 406

Monday through Friday
9:00 am to 4:00 pm

Phone: (504) 407-0210
Fax: (504) 522-3552

GENERAL DIVISION INFORMATION & PROCEDURES

Judge Hutabarat strictly enforces the Local Rules.

RULE PROCEDURE:

All Rules are set for 9:00 a.m. unless otherwise noted.

You must file a Rule to Show Cause/Order prior to the matter being set on the Court’s docket. Mover is required to serve all parties.

No witnesses will be permitted without prior approval from the Court.

Please ensure to contact the Court if you require a special setting.

Motions for Summary Judgment, shall be filed and served on all parties at least sixty-five (65) days prior to trial, as required under Louisiana Code of Civil Procedure Article 966. Any opposition to the motion and all documents in support of the opposition shall be filed and served not less than fifteen (15) days prior to the hearing on the motion. Hearings must be at least thirty (30) days after filing and at least thirty (30) days before trial.

Memoranda supporting or opposing motions or exceptions are due eight (8) days before the hearing as required by Rule 9.9 of the Local Rules. Failure to comply with this rule may result in the forfeiture of oral argument. Please submit a courtesy copy to chambers along with filing it in the record.

Reply memorandum must be furnished to the trial judge and served on all other parties so that it is received before 4:00 p.m. on a day that allows one full working day before the hearing, except for motions for summary judgment. Please submit a tangible courtesy copy to chambers along with filing it in the record.

Continuance Requests: All requests for a continuance shall include written confirmation via fax or email to the law clerk and minute clerk that the adverse parties have been contacted and have no objection to the continuance. The party requesting the continuance should also file a motion to reset along with service sheets and instructions. If there is an objection, a contradictory hearing will take place on the set rule date.

STATUS/SCHEDULING CONFERENCES:

A motion to set status or scheduling conference must be filed to select discovery cutoff dates and deadlines. Once the motion is received, the minute clerk will send a notice to all counsel of a conference date.

SETTLEMENT CONFERENCES WITH THE JUDGE:

In order to schedule a settlement conference, a motion to set settlement conference must be filed indicating all parties agree to a settlement conference. Once the motion to set settlement conference is received, the minute clerk will send a notice to all counsel of a conference date.

Settlement Position Papers are due in chambers within seventy-two (72) hours prior to the conference, and should be hand-delivered, faxed to chambers and/or emailed to the law clerk(s).

TRIALS:

All trials are for 9:00 a.m. unless otherwise noted.

Pre-Trial Conference - If requested, a Pre-Trial Conference shall be held on the day of the Trial, beginning at 8:30 a.m. The purpose of the Pre-Trial Conference with the Judge is to define the issues, present possible stipulations, objections, and scheduling of the testimony of witnesses.

Joint Pre-Trial Outline - Please submit a courtesy copy to chambers via hand delivery or via U.S. Mail (DO NOT FAX/EMAIL) along with filing it in the record within ten (10) days prior to trial.

Exhibit Books - The parties shall have a conference date amongst themselves at least ten (10) days prior to trial to exchange exhibits and determine what exhibits are agreed upon as being authenticated and admissible. All exhibits that are agreed upon as being both authenticated and admissible should be labeled as “Joint Exhibit No. 1, 2, 3 …” and put in binders. All other exhibits shall be labeled as either “Plaintiff Exhibit No. 1, 2, 3 …” or Defendant Exhibit No. 1, 2, 3 …” and put into binders.  An exhibit list should be included of all exhibits. Those exhibits that are objected to should indicate whether it is for admissibility or authenticity or both. Each party should have an exhibit book for themselves, the opposing party, the judge, and the witness. Counsel shall deliver the hard copy bench book of tabbed exhibits to the Court no later than seven (7) days before trial.

Jury Trials - The parties shall submit proposed jury instructions and jury interrogatories to the Court ten (10) days prior to trial. Please provide a courtesy hard copy along with an electronic copy in Microsoft Word on a flash drive, CD, or email to the law clerk(s).

Courtroom Technology - Video display systems and ELMO interactive documentation display systems are available for use in our courtroom. These services/tools are available by reservation for a small fee and should be reserved at least forty-eight (48) business hours in advance of the event.  All equipment and services are first come, first served. Please complete the video request form on the court’s website to make your reservation.

Continuance of trials - A written motion to continue trial must be filed with the court. The motion must contain a brief reason for the continuance, whether this is the first request for a continuance, and whether the opposing party objects to the continuance. It is within the judge’s sole discretion to grant or deny the continuance. If the continuance is contested, the matter will be set for a contradictory hearing.

JUDGMENTS:

Judgments must be submitted within ten (10) days of the hearing/trial. Please include the names of all attorneys or parties who need to be notified, including their bar numbers, addresses, and emails, on all judgments. The party preparing the judgment must circulate the judgment and attach a 9.5 certificate, complying with Local Rule 9.5.

If the parties are in disagreement regarding the wording of the proposed judgment, they should request a transcript from the court reporter and attach a copy to their proposed judgment.

After the judgment is signed, the original is filed in the record and a certified copy of the judgment and notice of signing of judgment will be mailed to all parties as per Louisiana Code of Civil Procedure Article 1913. Additional copies of judgments may be obtained from the Clerk’s Office.

TRANSCRIPT REQUESTS:

Transcript requests should be directed to the Court Reporter, Anna Marullo, CCR, via email at amarullo@orleanscdc.com. Please include the case caption, case number, and date of hearing. Daily copy transcript requests of trials must be pre-arranged with the court reporter prior to the day of trial.

COURT COSTS AND JUDICIAL INTEREST:

All matters relating to court costs or judicial interest rates are to be directed to the Clerk’s Office at (504) 407-0000.

 All matters relating to service costs are to be directed to the Sheriff’s Office at (504) 523-6123.

Motion to Set for Trial on the Merits

Jury Cash Deposit Order Pursuant TO LA.C.C.P. art. 1734.1(E)

Jury Cash Deposit Order Pursuant TO LA.C.C.P. art. 1734.1

Jury Cash Deposit Order Pursuant TO LA.C.C.P. art. 1761 A for 6 person jury

Division “B” Standard Jury Charges