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CCP 1561 - Consolidation for trial

LA Code Civ Pro 1561 (2018) (N/A)
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TITLE V

TRIAL

CHAPTER 1. CONSOLIDATION OF CASES AND SEPARATE

TRIALS OF ISSUES OF LIABILITY AND DAMAGES

Art. 1561. Consolidation for trial

A. When two or more separate actions are pending in the same court, the section or division of the court in which the first filed action is pending may order consolidation of the actions for trial after a contradictory hearing, and upon a finding that common issues of fact and law predominate, and, in the event a trial date has been set in a subsequently filed action, upon a finding that consolidation is in the interest of justice. The contradictory hearing may be waived upon the certification by the mover that all parties in all cases to be consolidated consent to the consolidation.

B. Consolidation shall not be ordered if it would do any of the following:

(1) Cause jury confusion.

(2) Prevent a fair and impartial trial.

(3) Give one party an undue advantage.

(4) Prejudice the rights of any party.

Acts 1997, No. 968, §1; Acts 2008, No. 824, §4, eff. Jan. 1, 2009; Acts 2012, No. 194, §1.

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