LACCP BAR EXAM QUESTIONS & ANSWERS 2025
Assume that Diamond Groceries was served with a citation and a copy of Patrick's
petition for damages only. What is the period of delay for Diamond Groceries to respond
to the petition? - Answers - Diamond Groceries has 21 days after service of the petition
within which to file a response, assuming suit was filed in district court.
Assume that Diamond Groceries was properly served with a citation, a copy of Patrick's
petition for damages, and written interrogatories. What is the period of delay for
Diamond Groceries to respond to the petition? - Answers - Since Diamond Groceries
also served discovery with the petition, Patrick has 30 days after service within which to
respond to the petition.
Diamond Groceries believes Patrick (plaintiff) is at fault in causing his accident because
he disregarded the yellow caution sign. What action must Diamond Groceries take in
response to Patrick's petition to allow it to argue the fault of Patrick at trial? - Answers -
Diamond Groceries must include the affirmative defense of negligence or fault of the
plaintiff in its answer to the petition. Failure to timely plead this affirmative defense will
prohibit Diamond from offering evidence of Patrick's negligence in support of this
defense at trial.
Patrick did not make a jury demand in his petition, but Diamond Groceries wants a trial
by jury. What steps should Diamond Groceries take to make a valid jury demand, and
by when must it take such steps? - Answers - Diamond Groceries must request a jury
trial within 10 days of filing a pleading that raises an issue triable by a jury. Since
Diamond's answer will be such a pleading, Diamond should include its jury trial request
either in its answer or within 10 days of filing its answer.
Diamond Groceries owns more than twenty grocery stores in Louisiana. Patrick
propounded an interrogatory to Diamond Groceries asking it to identify each and every
slip and fall accident that occurred at any of its grocery stores in the past ten years.
Diamond Groceries believes that it would be overly burdensome to gather the
information Patrick is seeking and that the information sought is not relevant to Patrick's
claims. What initial steps must Diamond Groceries take to avoid having to respond to
the interrogatory, and by when must Diamond Groceries take those steps? - Answers - If
the answers to this interrogatory can be obtained from Diamond Groceries' business
records, including its electronically stored information, Diamond Groceries can specify
where in its business records Patrick may find the answers, if the burden of doing so is
substantially the same for both parties. Diamond would need to make its business
records available, in lieu of answering the interrogatories, within 30 days of service of
the interrogatories.
Diamond Groceries took the necessary initial steps to avoid responding to Patrick's
interrogatory regarding other slip and fall accidents. Afterward, Patrick's attorney met
and conferred with Diamond Groceries' attorney to discuss Diamond Groceries' refusal
,to respond to the interrogatory. Diamond Groceries still refuses to respond. What steps,
if any, can Patrick take to require Diamond Groceries to answer the interrogatory?
Explain. - Answers - Patrick may file a motion to compel requesting the court to order
Diamond Groceries to answer the interrogatory. Expenses, including attorney's fees
associated with the motion, may be awarded to the prevailing party unless the court
finds that the motion or opposition thereto was substantially justified or circumstances
make the award of expenses unjust.
Patrick would like to obtain a copy of any video surveillance footage that Diamond
Groceries has for its Beauregard Parish store for the day of his accident. What steps
must Patrick take to obtain a copy of the surveillance footage? Explain. - Answers -
Patrick should serve Diamond Groceries with a request for production of things to obtain
surveillance footage. The request may specify the form in which the footage is to be
produced. The request must set forth the items to be inspected describing it with
reasonable particularity. Diamond Groceries would have to serve a written response
within 30 days of being served with the request stating whether the inspection will be
permitted or objecting to it.
Patrick's attorney took Winnie's deposition. Before her deposition, Diamond Groceries
had interviewed Winnie and learned that Patrick's attorney had interviewed Winnie over
the phone before the lawsuit was filed. Diamond Groceries has now propounded a
request for production of documents to Patrick asking him to produce any witness
statements or notes from witness interviews he or his attorney have in their possession.
Patrick's attorney has notes she took from when she interviewed Winnie over the
phone. Does Patrick have to produce those notes in response to Diamond Groceries'
discovery request? Explain. - Answers - No. Patrick's attorney's notes were prepared in
anticipation of litigation and as such they constitute attorney work product which is not
discoverable unless denial would cause Diamond Groceries unfair prejudice, undue
hardship or injustice. Under these facts, Diamond Grocery has demonstrated no
circumstances sufficient to overcome the qualified work product privilege. It has equal, if
not greater, access to Winnie, its employee, and thus can conduct its own interviews of
her as it has already done.
Two weeks after Diamond Groceries answered the petition, it decided it wanted to
challenge Patrick's claim for intentional infliction of emotional distress because Diamond
Groceries does not believe that the facts alleged in the petition support a cause of
action for an intentional infliction of emotional distress claim.
A. What pleading should Diamond Groceries file to have Patrick's claim for intentional
infliction of emotional distress dismissed before engaging in discovery on the claim?
B. Patrick believes that Diamond Groceries waived its right to challenge Patrick's claim
for intentional infliction of emotional distress on the basis of the factual allegations of the
petition. Is Patrick correct? Explain. - Answers - A. Diamond should file a motion for
judgment on the pleadings which can be filed by any party after the answer has been
filed as is the case here. The court will consider only the pleadings themselves and
consider all of Diamond's allegations not denied by Patrick, and all of Patrick's
allegations, as true in deciding the motion.
, B. No, Patrick is incorrect. Diamond may still challenge Patrick's claim for IIED by filing
a peremptory exception of no cause of action. Peremptory exceptions may be pleaded
at any time in either the trial or appellate court prior to submission of the case for
decision
Diamond Groceries believes Patrick is exaggerating his injuries. What, if anything, can
Diamond Groceries do to require Patrick to undergo further physical examination?
Explain. - Answers - Since Patrick, in his claim for personal injury damages, including
his alleged physical pain and suffering and mental anguish, has placed his physical and
mental condition at issue in this case, Diamond Groceries may request the court issue
an order compelling Patrick to submit to a physical or mental exam conducted by a
medical doctor, vocational rehabilitation expert or licensed clinical psychologist of its
choice. If the exam is ordered, Diamond Groceries must deliver a copy of the exam
report with the doctor's conclusions if so requested by Patrick. If Patrick requests the
exam report, he will have waived any past or future patient-physician privilege
pertaining to his disputed conditions and will then be required to send to Diamond
Groceries reports of any exams, past or future, for the same condition
Patrick has learned that Winnie is the employee who placed the yellow caution sign next
to the broken jar of marinara sauce on the floor of aisle seven and wants to take her
deposition. What steps must Patrick take to take Winnie's deposition? Explain. -
Answers - Even though Winnie is an employee of Diamond Groceries who was acting
within the course and scope of her employment at the time she placed the caution sign
next to the spill, she is not a party to this lawsuit. So unless she consents to being
deposed, she must be subpoenaed to attend her deposition. Winnie may be
subpoenaed to attend a deposition only in a parish in which she resides or is employed,
which here would be Beauregard Parish. Patrick would have to serve a notice of
deposition on Diamond Groceries which would be sufficient authorization for the court to
issue a subpoena. The subpoena must then be served on Winnie within a reasonable
time before the time specified for her deposition.
After adequate discovery, the court fixed a trial date. Patrick has now decided to file a
motion for summary judgment that Diamond Groceries is solely at fault for the injuries
he sustained as a result of his slip and fall incident. When must Patrick file and serve
the motion and all supporting documents? - Answers - Patrick may file the motion any
time after the answer is filed. The motion and all supporting documents must be filed
and served at least 65 days before trial.
Patrick timely filed and served his motion for summary judgment. The court has set a
hearing date on the motion. When must Diamond Groceries file and serve its opposition
to Patrick's motion, including all documents in support of its opposition? - Answers -
Diamond Groceries must file its opposition and any documents supporting its opposition
at least 15 days before the hearing.
When must the court render a judgment on Patrick's motion for summary judgment? -
Answers - The court must enter a judgment on the motion at least 20 days before trial.
Assume that Diamond Groceries was served with a citation and a copy of Patrick's
petition for damages only. What is the period of delay for Diamond Groceries to respond
to the petition? - Answers - Diamond Groceries has 21 days after service of the petition
within which to file a response, assuming suit was filed in district court.
Assume that Diamond Groceries was properly served with a citation, a copy of Patrick's
petition for damages, and written interrogatories. What is the period of delay for
Diamond Groceries to respond to the petition? - Answers - Since Diamond Groceries
also served discovery with the petition, Patrick has 30 days after service within which to
respond to the petition.
Diamond Groceries believes Patrick (plaintiff) is at fault in causing his accident because
he disregarded the yellow caution sign. What action must Diamond Groceries take in
response to Patrick's petition to allow it to argue the fault of Patrick at trial? - Answers -
Diamond Groceries must include the affirmative defense of negligence or fault of the
plaintiff in its answer to the petition. Failure to timely plead this affirmative defense will
prohibit Diamond from offering evidence of Patrick's negligence in support of this
defense at trial.
Patrick did not make a jury demand in his petition, but Diamond Groceries wants a trial
by jury. What steps should Diamond Groceries take to make a valid jury demand, and
by when must it take such steps? - Answers - Diamond Groceries must request a jury
trial within 10 days of filing a pleading that raises an issue triable by a jury. Since
Diamond's answer will be such a pleading, Diamond should include its jury trial request
either in its answer or within 10 days of filing its answer.
Diamond Groceries owns more than twenty grocery stores in Louisiana. Patrick
propounded an interrogatory to Diamond Groceries asking it to identify each and every
slip and fall accident that occurred at any of its grocery stores in the past ten years.
Diamond Groceries believes that it would be overly burdensome to gather the
information Patrick is seeking and that the information sought is not relevant to Patrick's
claims. What initial steps must Diamond Groceries take to avoid having to respond to
the interrogatory, and by when must Diamond Groceries take those steps? - Answers - If
the answers to this interrogatory can be obtained from Diamond Groceries' business
records, including its electronically stored information, Diamond Groceries can specify
where in its business records Patrick may find the answers, if the burden of doing so is
substantially the same for both parties. Diamond would need to make its business
records available, in lieu of answering the interrogatories, within 30 days of service of
the interrogatories.
Diamond Groceries took the necessary initial steps to avoid responding to Patrick's
interrogatory regarding other slip and fall accidents. Afterward, Patrick's attorney met
and conferred with Diamond Groceries' attorney to discuss Diamond Groceries' refusal
,to respond to the interrogatory. Diamond Groceries still refuses to respond. What steps,
if any, can Patrick take to require Diamond Groceries to answer the interrogatory?
Explain. - Answers - Patrick may file a motion to compel requesting the court to order
Diamond Groceries to answer the interrogatory. Expenses, including attorney's fees
associated with the motion, may be awarded to the prevailing party unless the court
finds that the motion or opposition thereto was substantially justified or circumstances
make the award of expenses unjust.
Patrick would like to obtain a copy of any video surveillance footage that Diamond
Groceries has for its Beauregard Parish store for the day of his accident. What steps
must Patrick take to obtain a copy of the surveillance footage? Explain. - Answers -
Patrick should serve Diamond Groceries with a request for production of things to obtain
surveillance footage. The request may specify the form in which the footage is to be
produced. The request must set forth the items to be inspected describing it with
reasonable particularity. Diamond Groceries would have to serve a written response
within 30 days of being served with the request stating whether the inspection will be
permitted or objecting to it.
Patrick's attorney took Winnie's deposition. Before her deposition, Diamond Groceries
had interviewed Winnie and learned that Patrick's attorney had interviewed Winnie over
the phone before the lawsuit was filed. Diamond Groceries has now propounded a
request for production of documents to Patrick asking him to produce any witness
statements or notes from witness interviews he or his attorney have in their possession.
Patrick's attorney has notes she took from when she interviewed Winnie over the
phone. Does Patrick have to produce those notes in response to Diamond Groceries'
discovery request? Explain. - Answers - No. Patrick's attorney's notes were prepared in
anticipation of litigation and as such they constitute attorney work product which is not
discoverable unless denial would cause Diamond Groceries unfair prejudice, undue
hardship or injustice. Under these facts, Diamond Grocery has demonstrated no
circumstances sufficient to overcome the qualified work product privilege. It has equal, if
not greater, access to Winnie, its employee, and thus can conduct its own interviews of
her as it has already done.
Two weeks after Diamond Groceries answered the petition, it decided it wanted to
challenge Patrick's claim for intentional infliction of emotional distress because Diamond
Groceries does not believe that the facts alleged in the petition support a cause of
action for an intentional infliction of emotional distress claim.
A. What pleading should Diamond Groceries file to have Patrick's claim for intentional
infliction of emotional distress dismissed before engaging in discovery on the claim?
B. Patrick believes that Diamond Groceries waived its right to challenge Patrick's claim
for intentional infliction of emotional distress on the basis of the factual allegations of the
petition. Is Patrick correct? Explain. - Answers - A. Diamond should file a motion for
judgment on the pleadings which can be filed by any party after the answer has been
filed as is the case here. The court will consider only the pleadings themselves and
consider all of Diamond's allegations not denied by Patrick, and all of Patrick's
allegations, as true in deciding the motion.
, B. No, Patrick is incorrect. Diamond may still challenge Patrick's claim for IIED by filing
a peremptory exception of no cause of action. Peremptory exceptions may be pleaded
at any time in either the trial or appellate court prior to submission of the case for
decision
Diamond Groceries believes Patrick is exaggerating his injuries. What, if anything, can
Diamond Groceries do to require Patrick to undergo further physical examination?
Explain. - Answers - Since Patrick, in his claim for personal injury damages, including
his alleged physical pain and suffering and mental anguish, has placed his physical and
mental condition at issue in this case, Diamond Groceries may request the court issue
an order compelling Patrick to submit to a physical or mental exam conducted by a
medical doctor, vocational rehabilitation expert or licensed clinical psychologist of its
choice. If the exam is ordered, Diamond Groceries must deliver a copy of the exam
report with the doctor's conclusions if so requested by Patrick. If Patrick requests the
exam report, he will have waived any past or future patient-physician privilege
pertaining to his disputed conditions and will then be required to send to Diamond
Groceries reports of any exams, past or future, for the same condition
Patrick has learned that Winnie is the employee who placed the yellow caution sign next
to the broken jar of marinara sauce on the floor of aisle seven and wants to take her
deposition. What steps must Patrick take to take Winnie's deposition? Explain. -
Answers - Even though Winnie is an employee of Diamond Groceries who was acting
within the course and scope of her employment at the time she placed the caution sign
next to the spill, she is not a party to this lawsuit. So unless she consents to being
deposed, she must be subpoenaed to attend her deposition. Winnie may be
subpoenaed to attend a deposition only in a parish in which she resides or is employed,
which here would be Beauregard Parish. Patrick would have to serve a notice of
deposition on Diamond Groceries which would be sufficient authorization for the court to
issue a subpoena. The subpoena must then be served on Winnie within a reasonable
time before the time specified for her deposition.
After adequate discovery, the court fixed a trial date. Patrick has now decided to file a
motion for summary judgment that Diamond Groceries is solely at fault for the injuries
he sustained as a result of his slip and fall incident. When must Patrick file and serve
the motion and all supporting documents? - Answers - Patrick may file the motion any
time after the answer is filed. The motion and all supporting documents must be filed
and served at least 65 days before trial.
Patrick timely filed and served his motion for summary judgment. The court has set a
hearing date on the motion. When must Diamond Groceries file and serve its opposition
to Patrick's motion, including all documents in support of its opposition? - Answers -
Diamond Groceries must file its opposition and any documents supporting its opposition
at least 15 days before the hearing.
When must the court render a judgment on Patrick's motion for summary judgment? -
Answers - The court must enter a judgment on the motion at least 20 days before trial.
