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Hon. Angelique A. Reed, Judge
Section "B" - First City Court
421 Loyola Avenue, Room 202
New Orleans, LA  70112
Phone:  (504) 407-0350
FAX:  (504)
523-4720

  

          STAFF

Minute Clerk:  Dormella Carraby
dcarraby@orleanscdc.com
Crier:  Joseph Jones
jjones@orleanscdc.com
Law Clerk: Tracy Joseph

tjoseph@orleanscdc.com
Court Reporter:  Alcerdes Coignet
acoignet@orleanscdc.com


          OFFICE HOURS

          Monday through Friday
                8:30 AM to 4:00 PM

 


         GENERAL INFORMATION & PROCEDURES

First City Court handles evictions, small claims, tenant landlord disputes, contract disputes, and personal injury claims under $25,000.00.

        CIVIL PROCEEDINGS

Court begins promptly at 10:00 a.m.

Pre-trial Conferences are required for all trials on the day of trial. Pre-trial Conferences begin at 9:30 a.m.

Pre-trial Conferences are not conducted pursuant to a Motion to Set for Trial. Trial dates can be selected through the Minute Clerk/Deputy Clerk and are scheduled upon agreement of all counsel.

The Party requesting a trial date must contact all other parties to select a mutually convenient trial date and certify to the court that the trial date is agreeable and that discovery is completed, and all motions have been disposed of.

Local Rule 10 is strictly enforced. No trial dates will be given unless discovery is completed and the matter is ready for trial.

Continuances will not be granted because discovery is not complete.

Rule dates will not be given once a case is set for trial without leave of court.

Memorandas in Opposition to Rules are due 72 hours before the hearing as required by Rule 8 of the Local Rules. Failure to comply may result forfeiting your right to oral argument.


            DEFAULTS

Defaults may be taken any morning court is in session at 9:30 a.m. or before court begins. Defaults must be reviewed by the law clerk prior to confirmation.

Check List:

  • Service

  • Confirm on the 11th day from service, 16th day from service on the Secretary of State

  • No answer or extension filed

  • Filed updated by Clerk's office

  • Affidavit of Non Military Service

  • Completed exhibit list

Click here to view the default form for Section "B"

Oral testimony is required on all defaults except open accounts.
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          QUESTIONS & ANSWERS TO COMMON PROBLEMS

            How do I set my case for trial?

           1). You must have a Rule 10 Conference (telephonic) with opposing counsel.
                All parties must agree that the case is ready for trial.

           2). Call Section B to obtain available trial dates.

           3). To confirm the trial date on the court docket all counsel must have a conference call with a Section B clerk in Judge Reed's office.

           4). File a Motion to Set for Trial with the Clerk's office, with selected trial date(s) written in and all service info/addresses completed.

           5). Pay for service in the Constable's office.

           6). The Clerk's office will send notice to parties.

         MOTIONS WHICH HAVE NOT COMPLIED WITH THESE RULES SHALL BE DENIED

         How are Rule dates selected?

         Rules are scheduled Monday - Friday and are selected by the Court.

        What to do if my opponent won't agree to a trial date?

         File a Motion for Status Conference wherein all parties must be present and a trial date will be selected
         with the Judge or Minute Clerk.

        What to do if my opponent won't move the case so that it can be set for trial?

         File a Motion for Discovery Cut-Off Dates and/or a Motion for Status Conference.

        Will my rule be heard if service is not perfected?

        No.

        What is my position on the Trial Docket?

        The Court will try all cases set on the docket for that day. All cases are number 1.

        Are continuances ever granted?

        Rarely and for emergencies only as the parties have certified that their case was ready for trial when         the date was selected. A Motion to Continue must be filed with an explanation of the reason for
        continuance and a statement as to whether opposing counsel objects or not.

       Are parties required to submit Witness/Exhibit List prior to trial?

       No.

       How do I know if my opponent has been served?

       Contact the Constable's Office at (504) 523-3258.

       When is ex-parte communication with the Judge acceptable?

       Never. Written correspondence to the Judge is ex parte communication and will not be read by the        Judge. The staff will be happy to assist in resolving the problem.
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   QUESTIONS & ANSWERS TO COMMON EVICTION PROBLEMS

I have repeatedly begged my landlord to repair the property, but he refuses to do so. Can I refuse to pay rent?

No. The tenant may not refuse to pay the rent. However, under Louisiana Civil Code 2694 and case law, upon breach by the landlord to repair the property, the tenant may make the repairs and recover the reasonable cost of such repairs from the landlord or charge it against the rent. This is so long as the tenant first gives the landlord sufficient notice of needed repairs and the landlord refuses to make repairs within a reasonable time. When the repairs necessary to remedy a defect are of a substantial nature, the tenant may make them if he or she chooses, or the tenant may remain in possession and recover damages which incurred as a lack of repair.

I told my tenant to move several times but he refuses to do so, what shall I do?

Begin the legal eviction process by requesting a 5 day Notice to Vacate from the Constable's office or you can use your own five day Notice to Vacate.

After receiving a Judgment of Possession, may I throw the tenant's belongings on the sidewalk myself to avoid paying the Constable?

No. Never.

Will the Court still evict my tenant when I have accepted partial rent after the Rule for Possession was filed?

No. Acceptance of any rent after the Rule for Possession is filed voids the whole process.

Can't I just require my landlord to use my security deposit in lieu of a month's rent if I am having trouble paying the rent?

No. A security deposit is just that, a deposit to secure return of the premises in good condition.

How long does my landlord have to return my security deposit?


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