Legal Question in Civil Litigation in Louisiana

Defendant did not show, wants a new trial

I (and three other plaintiffs) recieved a default judgment for a permanent injunction (a covenant enforcement matter). The defendant did not show up in court. We now are being ordered to ''show cause'' why the defendant should not be granted a new trial. His ''reason'' is a ''misinterpretation of the time'' and ''confusion''. The four plaintiffs were able to interpret the date and time just fine and were present. Does he have a basis for being granted a new trial? What do I need to do to ''answer'' this show cause order? It seems simple..he screwed up and it shouldn't be our problem. I don't think that's what the judge wants to hear though, and do not know how to phrase a ''response'' in a manner indicating he does not deserve a new trial. Any help is appreciated


Asked on 2/17/03, 3:21 pm

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Defendant did not show, wants a new trial

File an objection. There are cerain grounds to granting a new trial......mistake as to time is not one of them......I bet he did not file for a new trial until after he was served with the injunction.

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Answered on 2/17/03, 5:43 pm


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