Art. 966. Motion for summary judgment; procedure
A.(1) A party may move for a summary judgment for all or part of the relief for
which he has prayed. A plaintiff's motion may be filed at any time after the answer has been
filed. A defendant's motion may be filed at any time.
(2) The summary judgment procedure is designed to secure the just, speedy, and
inexpensive determination of every action, except those disallowed by Article 969. The
procedure is favored and shall be construed to accomplish these ends.
(3) After an opportunity for adequate discovery, a motion for summary judgment
shall be granted if the motion, memorandum, and supporting documents show that there is
no genuine issue as to material fact and that the mover is entitled to judgment as a matter of
law.
(4)(a) The only documents that may be filed or referenced in support of or in
opposition to the motion are pleadings, memoranda, affidavits, depositions, answers to
interrogatories, certified medical records, certified copies of public documents or public
records, certified copies of insurance policies, authentic acts, private acts duly acknowledged,
promissory notes and assignments thereof, written stipulations, and admissions. The court
may permit documents to be filed in any electronically stored format authorized by court
rules or approved by the clerk of the court.
(b) Any document listed in Subsubparagraph (a) of this Subparagraph previously
filed into the record of the cause may be specifically referenced and considered in support
of or in opposition to a motion for summary judgment by listing with the motion or
opposition the document by title and date of filing. The party shall concurrently with the
filing of the motion or opposition furnish to the court and the opposing party a copy of the
entire document with the pertinent part designated and the filing information.
B. Unless extended by the court and agreed to by all of the parties, a motion for
summary judgment shall be filed, opposed, or replied to in accordance with the following
provisions:
(1) Except for any document provided for under Subsubparagraph (A)(4)(b) of this
Article, a motion for summary judgment and all documents in support of the motion shall be
filed and served on all parties in accordance with Article 1313(A)(4) not less than sixty-five
days prior to the trial.
(2) Except for any document provided for under Subsubparagraph (A)(4)(b) of this
Article, any opposition to the motion and all documents in support of the opposition shall be
filed and served in accordance with Article 1313(A)(4) not less than fifteen days prior to the
hearing on the motion.
(3) Any reply memorandum shall be filed and served in accordance with Article
1313(A)(4) not less than five days inclusive of legal holidays notwithstanding Article
5059(B)(3) prior to the hearing on the motion. No additional documents may be filed with
the reply memorandum.
(4) If the deadline for filing and serving a motion, an opposition, or a reply
memorandum falls on a legal holiday, the motion, opposition, or reply is timely if it is filed
and served no later than the next day that is not a legal holiday.
(5) Notwithstanding Article 1915(B)(2), the court shall not reconsider or revise the
granting of a motion for partial summary judgment on motion of a party who failed to meet
the deadlines imposed by this Paragraph, nor shall the court consider any documents filed
after those deadlines.
C.(1) Unless otherwise agreed to by all of the parties and the court:
(a) A contradictory hearing on the motion for summary judgment shall be set not less
than thirty days after the filing and not less than thirty days prior to the trial date.
(b) Notice of the hearing date shall be served on all parties in accordance with Article
1313(C) or 1314 not less than thirty days prior to the hearing.
(2) For good cause shown, the court may order a continuance of the hearing.
(3) The court shall render a judgment on the motion not less than twenty days prior
to the trial.
(4) In all cases, the court shall state on the record or in writing the reasons for
granting or denying the motion. If an appealable judgment is rendered, a party may request
written reasons for judgment as provided in Article 1917.
D.(1) The burden of proof rests with the mover. Nevertheless, if the mover will not
bear the burden of proof at trial on the issue that is before the court on the motion for
summary judgment, the mover's burden on the motion does not require him to negate all
essential elements of the adverse party's claim, action, or defense, but rather to point out to
the court the absence of factual support for one or more elements essential to the adverse
party's claim, action, or defense. The burden is on the adverse party to produce factual
support sufficient to establish the existence of a genuine issue of material fact or that the
mover is not entitled to judgment as a matter of law.
(2) The court shall consider only those documents filed or referenced in support of
or in opposition to the motion for summary judgment but shall not consider any document
that is excluded pursuant to a timely filed objection. Any objection to a document shall be
raised in a timely filed opposition or reply memorandum. The court shall consider all
objections prior to rendering judgment. The court shall specifically state on the record or in
writing whether the court sustains or overrules the objections raised.
(3) If a timely objection is made to an expert's qualifications or methodologies in
support of or in opposition to a motion for summary judgment, any motion in accordance
with Article 1425(F) to determine whether the expert is qualified or the expert's
methodologies are reliable shall be filed, heard, and decided prior to the hearing on the
motion for summary judgment.
E. A summary judgment may be rendered dispositive of a particular issue, theory of
recovery, cause of action, or defense, in favor of one or more parties, even though the
granting of the summary judgment does not dispose of the entire case as to that party or
parties.
F. A summary judgment may be rendered or affirmed only as to those issues set forth
in the motion under consideration by the court at that time.
G. When the court renders judgment in accordance with the provisions of this Article
that a party or nonparty is not negligent, is not at fault, or did not cause in whole or in part
the injury or harm alleged, that party or nonparty shall not be considered in any subsequent
allocation of fault. Evidence shall not be admitted at trial to establish the fault of that party
or nonparty, except that evidence may be admitted to establish the fault of a principal when
the party or nonparty acted pursuant to a mandate or procuration. During the course of the
trial, no party or person shall refer directly or indirectly to any such fault, nor shall that party
or nonparty's fault be submitted to the jury or included on the jury verdict form except where
evidence is admitted of the acts of the party or nonparty for purposes of establishing the fault
of the party or nonparty's principal. This Paragraph does not apply if the trial or appellate
court's judgment rendered in accordance with this Article is reversed. If the judgment is
reversed by an appellate court, the reversal is applicable to all parties.
H. On review, an appellate court shall not reverse a trial court's denial of a motion
for summary judgment and grant a summary judgment dismissing a case or a party without
assigning the case for briefing and permitting the parties an opportunity to request oral
argument.
Amended by Acts 1966, No. 36, §1; Acts 1983, No. 101, §1, eff. June 24, 1983; Acts
1984, No. 89, §1; Acts 1992, No. 71, §1; Acts 1996, 1st Ex. Sess., No. 9, §1, eff. May 1,
1996; Acts 1997, No. 483, §§1, 3, eff. July 1, 1997; Acts 2001, No. 771, §1; Acts 2003, No.
867, §1; Acts 2010, No. 690, §1; Acts 2012, No. 257, §1; Acts 2012, No. 741, §1; Acts 2013,
No. 391, §1; Acts 2014, No. 187, §1; Acts 2015, No. 422, §1, eff. Jan. 1, 2016; Acts 2023,
No. 317, §1; Acts 2023, No. 368, §1.
NOTE: See Acts 2015, No. 422, §2, regarding applicability.