Judge Monique E. Barial
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Brief
- Upon Filing
Pretrial Order
Adjournments
- A motion must be filed with the Clerk of Court before a matter may be continued, passed, or removed from the Division D docket in advance of the scheduled hearing.
- A requested rule continuance requires written confirmation by fax or email that adverse parties were contacted and do not object, plus a motion to reset with service sheets and instructions; an objection results in a contradictory hearing on the scheduled date.
- A trial continuance requires a written motion stating a brief reason, whether it is the first request, and whether the opposing party objects; the judge has sole discretion to decide, and a contested motion is heard on the morning of trial.
Request must include
Communication
Phone
Chambers
Phone
Clerk
Phone
Document Format Requirements3 rules
Exhibits must be labeled and organized in binders, with an exhibit list included and objections identifying admissibility, authenticity, or both.
- Exhibits
Formatting
- •Objected-to exhibits must identify whether the objection concerns admissibility, authenticity, or both
Court's wording
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 in 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.
Counsel shall deliver the hard copy bench book of tabbed exhibits to the Court FIVE WORKING DAYS before the start of trial.
LIST OF EXHIBITS (Please designate List as Plaintiff’s, Defendant’s or Joint & provide Court with copy of properly tabbed Bench Book)
Formatting
- •Properly tabbed Bench Book
Document Filing Requirements9 rules
The party preparing the judgment must circulate the judgment and attach a 9.5 certificate.
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.
Either party may file Form 85 only after the case is ready for trial under Rule 10, Section I, and only after all discovery is complete.
Court's wording
A form 85 (Motion to Set for Trial on the Merits (http://www.orleanscdc.com/forms/cdc/form85.PDF) may be filed by either party only after the case is ready for trial in accordance with Rule 10, Section I. ALL discovery must be complete.
The attorney submitting the motion must provide each party's name and litigation status and each representing attorney's name, address, and phone number.
Court's wording
THE ATTORNEY SUBMITTING THIS MOTION IS REQUIRED TO PROVIDE BELOW OR IN THE REVERSE SIDE: 1) The name of each party to this law suit and their status, i.e., defendant, Third Party, Plaintiff 2) The name, address and phone number of each attorney representing each party.
JOINT PRE-TRIAL OUTLINE FORMAT
CERTIFICATION OF COUNSEL AND SIGNATURE
Include
- •CERTIFICATION OF COUNSEL AND SIGNATURE
JOINT FACTUAL BLURB: Include 3-4 sentences agreed upon by all parties regarding the basic facts of this case that can be read to the jury during preliminary/opening instructions.
In order to set a scheduling conference a motion must be filed.
In order to schedule a settlement conference, a motion to set settlement conference must be filed indicating all parties agree to a settlement conference.
Filing & Service rules
Filing Timing and Cure Windows
A judgment must be submitted within ten days after the hearing or trial.
Judgments must be submitted within ten days of the hearing/trial.
Civil cases
Page 1 | JUDGMENTS
Position papers must be submitted 72 hours before the settlement conference.
Position papers are due 72 hours prior to the conference.
Civil cases
Page 1 | SETTLEMENT CONFERENCES WITH THE JUDGE
For jury trials, proposed jury instructions and interrogatories must be submitted ten days before trial, with a courtesy hard copy and an electronic Microsoft Word copy sent to the law clerk by flash drive, CD, or email.
Jury trials - The parties shall submit proposed jury instructions and jury interrogatories to the court ten 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.
Civil cases
Page 1 | TRIALS
Memoranda supporting or opposing motions or exceptions must be filed eight days before the hearing, with noncompliance potentially forfeiting oral argument.
Memoranda supporting or opposing motions or exceptions are due eight days before the hearing as required by Rule 9.9 of the Local Rules. Failure to comply with this rule may result in forfeiture of oral argument.
Civil cases
Page 1 | RULE PROCEDURE
Service and Proof of Service Rules
The certifying person must state that a copy of the notice was mailed to each attorney or party in proper person.
I certify that a copy of this notice has been Mailed to each attorney or party in proper Person.
Civil cases
Page 1 | NOTICE OF TRIAL
Before submitting the motion to set the case for trial, the mover must mail a copy to all counsel of record.
Mover further certifies that a copy hereof has been Mailed to all counsel of record before submission to the Court.
Civil cases
Page 1 | Motion to Set for Trial on the Merits
After signing, the original judgment is filed in the record and a certified copy with notice of signing is mailed to all parties under Louisiana Code of Civil Procedure Article 1913.
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.
Civil cases
Page 1 | JUDGMENTS
Courtesy Copy Requirements
A courtesy copy of the Joint Pre-Trial Outline must be submitted to chambers by hand delivery or U.S. Mail, not fax or email, ten days before the pre-trial conference and filed in the record.
Please submit a courtesy copy to chambers via hand delivery or U.S. Mail (DO NOT FAX/EMAIL) along with filing it in the record ten days prior to the pre-trial conference.
Civil cases
Page 1 | TRIALS
A courtesy copy must be submitted to chambers when the memorandum is filed in the record.
Please submit a courtesy copy to chambers along with filing it in the record.
Civil cases
Page 1 | RULE PROCEDURE
Pre-Motion Conference Requirements
The attorney filing a motion to set a case for trial must certify that trial counsel for all parties conferred in person to confirm that the case is trial-ready; no conference is required with a pro se party, and out-of-area attorneys may confer by phone.
Said motion shall be signed by the attorney for the mover who shall certify that trial counsel for all parties have conferred, in person, to confirm the foregoing have been accomplished. No conference is required with any party appearing pro se. Any attorney residing outside the greater New Orleans area may confer by phone.
Civil cases
Page 2 | RULE 10, SECTION I
Adjournment & Extension Requirements
A motion must be filed with the Clerk of Court before a matter may be continued, passed, or removed from the Division D docket in advance of the scheduled hearing.
As Orleans Parish Civil District Court is a court of record, and in order to preserve the integrity of the record, before a matter will be passed or removed from the docket of Division “D” in advance of the scheduled hearing, a Motion must be filed into the record with the Clerk of Court’s office.
Civil cases
Page 1 | Matters set for hearing/trial
A trial continuance requires a written motion stating a brief reason, whether it is the first request, and whether the opposing party objects; the judge has sole discretion to decide, and a contested motion is heard on the morning of trial.
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 judge will hear the motion to continue on the morning of trial.
Civil cases
Page 1 | TRIALS
A requested rule continuance requires written confirmation by fax or email that adverse parties were contacted and do not object, plus a motion to reset with service sheets and instructions; an objection results in a contradictory hearing on the scheduled date.
In order for a rule to be continued, the party requesting the rule must submit written confirmation via fax or email to the law 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.
Civil cases
Page 1 | RULE PROCEDURE
Chambers Communication Rules
Contact the Division immediately to reschedule a hearing if you have COVID-19, exhibit symptoms, or have been exposed.
If COVID-19 positive, exhibiting COVID-19 symptoms, or exposed to someone COVID-19 positive or exhibiting COVID-19 symptoms, please contact the Division immediately to reschedule your hearing.
Civil cases
Page 1 | PROCEDURE
A notification email containing call-in information is sent to all entered email addresses, and support staff may be included.
A notification email with call-in information will be sent to all email addresses entered. You can include support staff.
Civil cases
Page 1 | SELECTING A SCHEDULING CONFERENCE DATE
After a motion to set a scheduling conference or Form 85 is filed, the minute clerk emails the mover a link to available dates for counsel to circulate and select.
Once a filed motion to set scheduling conference/a form 85 is received, the minute clerk will send the mover an email with a link for available dates to circulate to all counsel to choose an agreeable date.
Civil cases
Page 1 | SELECTING A SCHEDULING CONFERENCE DATE
Court-cost and judicial-interest-rate matters must be directed to the Clerk's Office at the stated phone number.
All matters relating to court costs or judicial interest rates are to be directed to the Clerk's Office at (504) 407-0000.
Civil cases
Page 1 | COURT COSTS AND JUDICIAL INTEREST
Service-cost matters must be directed to the Sheriff's Office at the stated phone number.
All matters relating to service costs are to be directed to the Sheriff's Office at (504) 523-6143.
Civil cases
Page 1 | COURT COSTS AND JUDICIAL INTEREST