§ Art. 1978 Procedure in new trial

Codes > Louisiana Code of Civil Procedure > Book I > Title VI : Chapter 4 > Section 2 : Art. 1978

Art. 1978. Procedure in new trial

    It shall not be necessary in a non-jury trial to resummon the witnesses or to hear them anew at a new trial if their testimony has once been reduced to writing, but all such testimony and evidence received on the former trial shall be considered as already in evidence. Any party may call new witnesses or offer additional evidence, and with the permission of the court recall any witness for further examination or cross-examination as the case may be. However, the parties shall not be precluded from producing new proofs, on the ground they have not been offered on the first trial. When a new trial is granted for reargument only, no evidence shall be adduced.

    APPLICATION--DATE EFFECTIVE--ACTS 1988, NO. 515

    Section 12 of Acts 1988, No. 515 (§ 1 of which enacts the Louisiana Code of Evidence and § 2 of which amends this article) provides:

    “(1) The provisions of this Act shall govern and regulate all civil proceedings commenced and criminal prosecutions
instituted on or after the effective date of this Act.

    “(2) Furthermore, it shall govern and regulate all hearings, trials or retrials, and other proceedings to which it is
applicable which are commenced on or after the effective date of this Act, except to the extent that its application in a
particular action pending when the Act takes effect would not be feasible or would work injustice, in which event former evidentiary rules apply.

    “(3) All of the provisions of this Act shall become effective on January 1, 1989.”