5.3.1 Petition and Rule to Show Cause
5.3.1 Petition and Rule to Show Cause cmluwisc Mon, 01/23/2023 - 18:05A Petition requesting name correction is a summary proceeding that must be filed against the District Attorney for the parish of filing.1 The pleading must set forth the usual facts establishing jurisdiction and venue, as well as the “reasons for the desired change.”2 Typically, this reason need not be exhaustive or explicit in nature. As long as the Petitioner is not seeking the name correction in an attempt to evade debt or criminal charges, any rational reason to request the correction should be acceptable to the court. At this point, the use of innocuous or nearly generic language can help shield the Petitioner from undue scrutiny regarding their gender identity.
It is also advisable to file a Request for Notice as the District Attorney may fail to serve the Answer. Because judgment may be rendered in chambers, there is no obligation to submit the Petition with an Order issuing a Rule to Show Cause. This can be helpful for clients looking to save on filing fees. However, if there are concerns about obtaining final judgment in a timely manner, it is advisable to file a Rule to ensure a date to obtain judgment.