You are here

Cousins, David v Monica Davis

Court: 
Court of Appeal
Subject: 
Civil Procedure
Catchwords: 

Civil practice and procedure-Parish Court-Counterclaim-Service of summons out of time-Return date expired prior to service-No renewal or re-issue-Whether defect rendered proceedings a nullity-Distinction between nullity and procedure irregularity-Exercise of curative discretion-Whether prejudice or irremediable injustice established-Order VII, rule 8 and XXXVI, rule 23 of the Judicature Parish Court Rules

Evidence-Self-represented litigants-Scope of trial judge's duty to assist-Judicial neutrality-Whether failure to guide litigant on procedural-requirement amounted to unfairness-Admissibility of audio recording-Whether recording was formally tendered-Whether refusal to admit evidence established

Civil procedure-Discretion of trial judge-Whether refusal to order return of drill erroneous

Fair hearing-Allegation of confusion by learned judge-Judicial comments during evaluation of credibility-Whether remarks demonstrated prejudice or undermined fairness of proceedings

Document Type:

Year: 
2026
Suit/Claim number: 
COA2025PCCV00002
Neutral Citation: 
[2026] JMCA Civ 7
Judge(s): 
Edwards, Simmons and Laing