Supreme Court of Louisiana, 1995

Boudreaux v. State

Boudreaux v. State
Supreme Court of Louisiana · Decided May 24, 1995 · Calogero, Reasons
654 So. 2d 1350; 1995 La. LEXIS 1439; 1995 WL 336424 (Southern Reporter, Second Series)

Boudreaux v. State

Opinion of the Court

ON APPLICATION FOR WRIT OF REVIEW

|1PER CURIAM.*

Motion for Clarification granted. We amend our eai’lier action taken on May 12, 1995 in this matter to read as follows:

Granted in part and denied in part. The district court judge is ordered to grant a continuance and reschedule trial only after a reasonable delay. The district court is also ordered to establish new discovery deadlines and other cut-off dates concerning witness lists, the filing of Motions, and disclosing of exhibits after a reasonable delay. Insofar as the writ application requests relief from the trial court’s denial of the Motion to Compel *1351Responses to Interrogatories and Requests for Production of Documents, which are discovery devices properly directed to a party only, the writ application is denied.

CALOGERO, C.J., assigns additional reasons.

Victory, J., not on panel. Rule IV, Part 2, § 3.

Concurring Opinion

|1CALOGERO, Chief Justice,

assigns additional concurring reasons.

While it is not evident that the matter of the res judicata dismissal is final, unless and until the Trial Court is commanded by a higher court to allow the reinstitution of the third party claim against the Parish (following a successful appeal, for instance), the Trial Court should not be compelled to treat the Parish as a party and compel it to answer discovery propounded through Interrogatories and Request for Production of Documents, which are properly directed only to a party in an action. See C.C.P. arts. 1457, 1461. Alternative discovery devices are available to relator.

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