1. A. A contradictory hearing properly noticed by the court with the adverse party may be held unless waived upon joint motion of the parties. Appearance by the parties and/or their representative may be waived in written form. The judge may entertain such motion by telephone or virtual conference with all parties participating. Such conference shall be initiated by the party requesting the conference.

2. B. Contradictory Exceptions and Motions.

   1. 1. All exceptions and motions, including those incorporated into an answer, shall be accompanied by a proposed order requesting that the exception or motion be set for hearing. If the exceptor or mover fails to comply with this requirement, the court on its own motion, may set the matter for a hearing on the merits of the exception or motion or upon motion of a party may strike the exception or motion after contradictory hearing properly noticed by the court. To assist the court in scheduling the hearing, the exception or motion, and any opposition thereto, shall state:

      1. a. whether or not the case is set for trial and, if so, the trial date; and
      2. b. whether testimony will be offered at the hearing.
3. C. Time between filing and hearing for motions for summary judgment is governed by La. Code Civ. Proc. art. 966.

4. D. Time between filing and hearing.

   1. 1. Unless good cause is shown, hearings on an exception or motion shall be set not less than fifteen calendar days after filing.

5. E. Ex parte motions.

   1. 1. Paragraphs B and C do not apply to:

      1. a. unopposed motions;
      2. b. motions in which all affected parties have joined; or
      3. c. motions permitted by law or by these Rules to be decided ex parte.
   2. 2. Any motion that may be decided ex-parte shall be accompanied by a proposed order, except a motion for the court to give in writing its findings of fact and reasons for judgment under La. Code Civ. Proc. art. 1917.

6. F. Motions and Exceptions Referred to the Merits.

   1. 1. If a party filing a motion or exception wishes to refer it to the merits, the party shall file an unopposed motion, accompanied by a proposed order, asking that it be referred to the merits. This does not apply to motions for summary judgment. If the court finds that the interests of justice would be served by referring the motion or exception to the merits, the court may do so.

7. G. Unopposed motion.

   1. 1. An "unopposed motion" is one to which all affected parties have consented. Before representing to the court that the motion is unopposed, the mover shall contact all parties affected by the motion and obtain their consent. The moving party shall certify in the motion that the consent requirement has been met.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 23:1310.1.

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Labor, Office of Workers' Compensation Administration, LR 25:270 (February 1999), amended LR 25:1865 (October 1999), LR 33:656 (April 2007), amended by Louisiana Works, Office of Workers’ Compensation Administration, LR 51:1625 (October 2025).