State Court

The attorneys at Shields | Mott practice in state courts across Louisiana. Because of Louisiana procedural rules, Louisiana state court is often where a construction lawsuit is initiated. Those suits arising out of the Louisiana Public Works Act and the Louisiana Private Works Act are usually required to be litigated in the local court where the construction project at issue is located. The exceptions to this general rule are, for example, if the contract at issue calls for arbitration, the project at issue is owned by the federal government (where disputes are governed by the Miller Act), or if federal question or federal diversity jurisdiction can be applied.

Louisiana state court practices and procedures are governed by the Louisiana Code of Civil Procedure. Known as the CCP, the Code of Civil Procedure provides the rules to carry a dispute from the beginnings of the lawsuit when a petition is filed, all the way to the appellate level for supervisory review and/or appeal. Many of the special procedures that our construction attorneys handle; e.g., writ of mandamus, injunction, concursus, temporary restraining order (TRO), all arise out of the CCP.

Sonny Shields’s experience in teaching Louisiana Civil Procedure at Loyola Law School for over 25 years benefits the Firm in this regard.