Anderson v. Allstate Insurance Company – Case Brief Summary (Louisiana)

In Anderson v. Allstate Insurance Company, 93-1102 (La. App. 1st Cir. 4/8/94), 642 So. 2d 208, 213, writ denied, 94-2400 (La. 11/29/94), 646 So. 2d 404, the court discussed the purpose for the ten-day period between service and hearing of the motion for summary judgment:

"The requirement of La. C.C.P. art. 966(B) that the motion for summary judgment be served at least ten days before the time specified for the hearing is designed to give fair notice of the evidentiary and legal bases for the motion. The adverse party then has time to respond with evidentiary documentation of his own, either in the form of affidavits or discovery devices, and to be prepared to meet the legal argument of the moving party."