Louisiana Mock Trial Rules

South

LA · Capital: Baton Rouge

Evidence Rules

Louisiana Code of Evidence

Citation: La. Code Evid.

Key Differences from Federal Rules of Evidence

Louisiana's evidence code is based on the FRE but adapted to function within a civil law (Napoleonic Code) system for civil matters
La. Code Evid. Art. 103 provides broader rules for preserving error on appeal than FRE Rule 103
Louisiana does not recognize a general physician-patient privilege; confidentiality is governed by statute rather than evidentiary privilege
La. Code Evid. Art. 412.2 provides specific rules for evidence of similar crimes in sexual assault cases

Notable Rules

Rule	Description
La. Code Evid. Art. 702	Expert testimony follows the Daubert standard but courts apply it in the context of Louisiana's civilian tradition of judicial inquiry
La. Code Evid. Art. 804(B)(1)	Former testimony exception is narrower than FRE, requiring identity of parties rather than just similar motivation to examine

Trial Procedure

Civil Procedure

Louisiana Code of Civil Procedure (La. C.C.P.)

Criminal Procedure

Louisiana Code of Criminal Procedure (La. C.Cr.P.)

Key Features

Civil procedure is governed by the Louisiana Civil Code (derived from the Napoleonic Code), not common law precedent
Louisiana uses "exceptions" (peremptory, dilatory, declinatory) rather than common-law motions to dismiss
Louisiana District Courts are the trial courts of general jurisdiction with parishes as judicial districts

Jury Rules

Civil Jury Size

Criminal Jury Size

Unanimity Required

Civil juries consist of 6 jurors; verdict requires concurrence of 5 of 6
Criminal juries: 12 for offenses where punishment may be hard labor; 6 for others
Unanimous verdict required for all criminal convictions (amended by 2018 constitutional amendment, effective 2019)

Special Features

Civil Law System (Napoleonic Code)

Louisiana is the only U.S. state operating under a civil law system for private law matters. Its Civil Code is derived from the French Napoleonic Code, creating a fundamentally different legal framework for obligations, property, and procedure compared to common-law states.

Forced Heirship

Louisiana's forced heirship doctrine (La. Civ. Code Art. 1493) restricts testamentary freedom by requiring a portion of the estate pass to certain heirs, a concept foreign to other U.S. states.

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