The trial of most residential evictions within 3 to 7 days of the filing of the rule for possession generally makes pre-trial discovery infeasible. However, in trial de novo appeals of justice of peace eviction judgments, there will often be 2 or more weeks before the trial date. This delay can provide sufficient time to issue discovery or notice a deposition.1 In a case with a shorter timeline, where discovery is necessary to the tenant’s defense, advocates should consider issuing discovery, and then moving for expedited discovery and a continuance until expedited discovery is produced.
- 1It is equally important to consult the local and uniform rules of district court for conflicting timelines and dates. For instance, formal discovery allows a party 30 days to respond interrogatories and requests for production whereas the court appearance may be sooner than 30 days. La. C.C.P. art. 1458, 1462.