Louisiana Motion to Compel

Introduction

Key Things to Know

1. 1

   Louisiana is a two-instrument state and a motion to compel needs both. The Code of Civil Procedure supplies the authority: art. 1469 lets a party, upon reasonable notice to other parties and all persons affected thereby, apply for an order compelling discovery where a deponent will not answer under arts. 1437 or 1448, an entity will not make a designation, a party will not answer an interrogatory under art. 1457, or a party will not permit inspection as requested under art. 1461. Art. 1469(3) adds that an evasive or incomplete answer is to be treated as a failure to answer. The Louisiana Supreme Court's Rules for Louisiana District Courts then supply the paperwork, in Chapter 10 and in Rules 9.8 and 9.9 of Title II.

2. 2

   The certificate is the gatekeeper, and the rule prints it for you. Rule 10.1(b) provides that no counsel for a party shall file, nor shall any clerk set for hearing, any motion to compel discovery unless accompanied by a Rule 10.1 Certificate of Conference. The rule sets out two alternative forms word for word. The first, where a conference happened, states that the parties or counsel personally conducted a conference on a stated date, that there was a substantive discussion of every item presented to the court in the motion, and that despite their best efforts the matters could not be resolved. The second, where the other side would not engage, states that the moving party or counsel personally attempted to contact the respondent or counsel and requires the dates, times, methods of contact and results to be inserted. Rule 10.1(a) also fixes the mechanics: the conference is in person or by telephone, the date must be confirmed by written notice sent at least five days ahead unless an earlier date is agreed or good cause exists for a shorter period, and a telephone conference must be initiated by the person seeking the discovery responses.

3. 3

   Whether anything came back changes your paperwork rather than your authority. Rule 9.9(b) requires a party filing a motion to concurrently furnish the trial judge and serve on all other parties a supporting memorandum citing both the relevant facts and applicable law, received by the other parties at least fifteen calendar days before the hearing unless the court sets a shorter time, with an opposition memorandum due at least eight calendar days before. Rule 9.9(g)(11) then exempts one motion by name: a motion to compel a response to discovery when no response has been made. Rule 9.9(g) still requires any exempt motion to state the grounds in support, cite any applicable rule, statute or other authority justifying the relief sought, and comply with Rule 9.8. Rule 9.9(e) supplies the consequence of late service: a party may forfeit the privilege of oral argument.

4. 4

   Art. 1469(4) is mandatory in both directions and it names the attorney in both. If the motion is granted, the court shall, after opportunity for hearing, require the party or deponent whose conduct necessitated the motion, or the party or attorney advising such conduct, or both of them, to pay the reasonable expenses incurred in obtaining the order, including attorney's fees, unless the opposition was substantially justified or other circumstances make an award unjust. If the motion is denied, the court shall require the moving party or the attorney advising the motion or both of them to pay the other side's expenses of opposing it, on the mirror exceptions. A split result may be apportioned. Rule 10.1(c) adds a separate and discretionary sanction that does not turn on winning: where the court finds a failure to confer in good faith, or a willful failure, it may impose sanctions on the non-conferring party including attorney fees and costs.

5. 5

   Thirty five interrogatories is the ceiling for the whole case, not for each set. Art. 1457(B) provides that during an entire proceeding written interrogatories shall not exceed thirty five in number, including subparts, without leave of court. A second thirty five, also including subparts, shall be allowed upon ex parte motion of any party. After that, a party must file a written motion setting forth the proposed additional interrogatories and the reasons establishing good cause, and the court may allow them after a contradictory hearing. Two sentences sit in tension and both are worth knowing: art. 1457(B) ends by saying local rules of court may provide a greater restriction on the number, while Rule 10.0 says a court may not restrict the parties to fewer than thirty five except by amendment to the Rules.

6. 6

   Requests for admission changed in Louisiana on 1 August 2026 and most sources have not caught up. Art. 1467 as it now reads contains no time period for answering a request for admission at all. The automatic deemed-admitted rule was repealed, and art. 1467(C) replaced it: except for a default judgment, there shall be a Rule 10.1 Certificate of Conference issued in accordance with Rule 10.1 before the court orders that a request for admission is deemed admitted. So the admission no longer happens by itself, and the party who wants it has to ask the court. Where an answer did arrive but is objectionable or non-compliant, art. 1467(B) gives a separate motion to determine the sufficiency of the answers or objections, and borrows art. 1469 for the expenses on that motion.

7. 7

   Two Louisiana timing facts to settle before you file. Art. 1458(A) gives thirty days after service of the interrogatories, and art. 1462(B)(1) the same for a request for production; the fifteen day period in arts. 1458(B) and 1462(B)(2) applies only in family law cases and even there reverts to thirty days when the discovery is served with the original petition. And the hearing is not immediate: Rule 9.8(c) provides that in cases other than juvenile and family law proceedings no hearing on a motion will be scheduled until at least fifteen calendar days after filing, and a party wanting it sooner must show good cause and state in the motion why an expedited hearing is necessary.

Louisiana Requirements for Motion to Compel

• Whether the Named Party Verified the Answers and the Objections

  Art. 1458(A) requires each interrogatory to be answered separately and fully in writing under oath, requires the answers to be signed by the person making them, and then adds that when interrogatories are served on a specific party, that party shall verify he has read and confirmed the answers and objections. Check all three. The second sentence of that article also requires the written answer or reasons for objection to each interrogatory to immediately follow a restatement of the interrogatory to which it responds, and arts. 1462(B)(1) and 1467(A) impose the same format for requests for production and requests for admission. The Code does not state a consequence for a missing verification, so identify the defect and ask for a compliant response rather than treating the response as never served.

• The Rule 10.1 Certificate of Conference, in One of Its Two Printed Forms

  Rule 10.1(b) provides that no counsel for a party shall file, nor shall any clerk set for hearing, any motion to compel discovery unless accompanied by a Rule 10.1 Certificate of Conference as set forth in the rule. Form one certifies a conference personally conducted on a stated date with a substantive discussion of every item presented to the court in the motion, which the parties were unable to resolve despite their best efforts. Form two certifies personal attempts to contact the respondent or counsel to arrange a conference, with the dates, times, methods of contact and results inserted. Rule 10.1(a) requires the conference to be in person or by telephone, requires written notice of the date sent at least five days ahead unless an earlier date is agreed or good cause exists, and requires a telephone conference to be initiated by the person seeking the discovery responses.

• Which Article Covers the Device You Served

  Art. 1469(2) reaches a deponent who fails to answer under arts. 1437 or 1448, an entity that fails to make a designation under arts. 1442 or 1448, a party that fails to answer an interrogatory under art. 1457, and a party that fails to respond that inspection will be permitted or fails to permit it under art. 1461. Requests for admission are not on that list: art. 1467(B) supplies a motion to determine the sufficiency of the answers or objections, and art. 1467(C) requires a court order plus the Rule 10.1 certificate before a request is deemed admitted. Art. 1469(1) keeps the forum the same whether the target is a party or a non-party deponent, namely the court in which the action is pending.

• Proof the Thirty Day Period Had Run

  State the computation. Art. 1458(A) requires answers and objections to interrogatories within thirty days after service, and allows the court to permit a shorter or longer time. Art. 1462(B)(1) sets the same thirty days for a request for production. The fifteen day period in arts. 1458(B) and 1462(B)(2) is confined to family law cases, including divorce, custody, spousal and child support, community property and matters incidental to family law proceedings, and even there reverts to thirty days when the discovery is served with an original petition. Art. 1467 as currently published sets no period for answering a request for admission.

• The Proposed Order and the Trial Information Rule 9.8 Requires

  Rule 9.8(a) provides that all exceptions and motions shall be accompanied by a proposed order requesting that the motion be set for hearing, and that if the mover fails to comply the court may strike the motion, set the matter for hearing on its own motion, or take other action as it deems appropriate. The same paragraph requires the motion, and any opposition, to state whether the case is set for trial and, if so, the trial date, and whether testimony will be offered at the hearing. Rule 9.8(c) adds that in cases other than juvenile and family law proceedings no hearing will be scheduled until at least fifteen calendar days after filing, and that a party wanting an earlier hearing shall show good cause and state in the motion the reasons an expedited hearing is necessary.

• The Supporting Memorandum, Unless Nothing Was Served At All

  Rule 9.9(b) requires a party filing a motion to concurrently furnish the trial judge and serve on all other parties a supporting memorandum citing both the relevant facts and applicable law, received by the other parties at least fifteen calendar days before the hearing unless the court sets a shorter time, with an opposition due at least eight calendar days before and a reply received before 4:00 p.m. on a day allowing one full working day. Rule 9.9(g)(11) exempts a motion to compel a response to discovery when no response has been made, but Rule 9.9(g) still requires such a motion to state the grounds in support, cite any applicable rule, statute or other authority justifying the relief sought, and comply with Rule 9.8. Under Rule 9.9(e) a party who fails to comply with (b) or (c) may forfeit the privilege of oral argument.

• Your Interrogatory Count for the Entire Proceeding

  Art. 1457(B) provides that during an entire proceeding written interrogatories shall not exceed thirty five in number, including subparts, without leave of court, so the count runs across the case rather than per set. A further thirty five including subparts shall be allowed upon ex parte motion of any party, and anything beyond that requires a written motion setting forth the proposed additional interrogatories and the reasons establishing good cause, with the court able to allow them after a contradictory hearing. Two sentences sit in tension: art. 1457(B) says local rules of court may provide a greater restriction on the number, while Rule 10.0 says a court may not restrict the parties to fewer than thirty five except by amendment to the Rules.

• The Expense Request Under Art. 1469(4), and Your Own Exposure

  Art. 1469(4) provides that if the motion is granted the court shall, after opportunity for hearing, require the party or deponent whose conduct necessitated the motion, or the party or attorney advising such conduct, or both of them, to pay the reasonable expenses incurred in obtaining the order, including attorney's fees, unless the opposition was substantially justified or other circumstances make an award unjust. If the motion is denied the court shall require the moving party or the attorney advising the motion or both to pay the other side's expenses of opposing it on the mirror exceptions, and a split result may be apportioned among the parties and persons in a just manner. Two more exposures: Rule 10.1(c) lets the court sanction a non-conferring party at its discretion, including attorney fees and costs, and art. 1469 lets the court make an art. 1426 protective order if the motion is denied in whole or in part.