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A pleading is the formal legal term for the papers filed with the Court. In Louisiana, there are four kinds of pleadings allowed: petitions, exceptions, written motions, and answers.
A petition is a paper filed with the Court that asserts allegations against another party and request the Court to enter a judgment in favor of the party who filed the petition based on the facts asserted and the law that applies. When a petition starts a lawsuit, it is called an "original petition." Complaint is another word for petition.
An allegation is just a statement of fact that has not yet been proven.
Exceptions are papers filed in response to a petition or motion that raise a defect in the petition or motion.
Motions are any request for the Court to take action by making a ruling, issuing an order, or entering a judgment. A written motion filed with the Court is a pleading, but in certain circumstances, motions can be made orally in Court.
An answer is a paper filed in response to a petition or motion that admits or denies the allegations in the petition or motion. In an answer, a party must admit or deny the statements made by the opposing party in the original petition and state any defenses available to that party. Read more information on what to include in an answer.
A reconventional demand is a kind of petition filed by a defendant in response to an original petition. A reconventional demand asserts different allegations than the original petition and asks the Court to enter a judgment in favor of the defendant based on the facts asserted in the reconventional demand and the law that applies. Learn more about reconventional demands in divorce cases.
A memorandum is a paper filed with the Court that makes arguments of law based on the facts at issue in the case. When a party files a motion, the Court often requires a memorandum in support of the motion. On the other hand, the opposing party might choose to file a memorandum in opposition to the motion.
Affidavit of Waiver or Acceptance of Service
A sworn statement filed with the Court that sets out the time, place, and manner of service made upon a party to a lawsuit.
The Court's written decision on the issue in dispute in a case.
A background check will show what your criminal record looks like in a given parish.
Bill of Information
A written statement that accuses a person of a crime that leads to a trial for the commission of the said crime. Also known as a complaint.
Certificate of Compliance
In expungement, a “Certificate of Compliance” is a letter that verifies that your record has been sealed. After your expungement is granted, the clerk will send a copy of the order to the local law enforcement, the local district attorney, the parish sheriff, and the Louisiana State Police. That is how the court directs each agency to seal your record from public view. After the State Police does what the judge has ordered them to do, they will send you this certificate.
A photocopy of a document, judgment, or record that is signed and attested to as an accurate and a complete reproduction of the original document by a public official in whose custody the original has been placed for safekeeping.
Minutes are the written record of an official proceeding, kept by courts and corporations for future reference. Certified minutes are a certified copy of the minutes from your case.
The written record of an official proceeding, kept by courts for future reference.
A written or oral application made to a court or judge directing that some act be done in
favor of the applicant.
Motion for Expungement
When filing a motion for expungement, you are moving, or requesting that the court expunge your record. This is what happens when you file your expungement forms and other paperwork with the clerk of court. Several agencies have an opportunity to object to your motion. If no agency objects, your expungement may be granted.
Motion to Set Aside Conviction
When filing a motion to set aside a conviction, you are moving, or requesting that the court overturn or set aside a previous judgment, verdict, or final ruling in a case. This motion must be filed before filing for expungement, if applicable.
Adjusted Gross Income as defined by the Internal Revenue Service. Household income includes (a) all amounts, monetary or not, which: (1) go to, or on behalf of, the family head or spouse or to any other family member; or (2) are anticipated to be received from a source outside the family during the 12-month period. Income includes all household members over 18 years of age.