Art. 963.Ex Parte, Contradictory, and Unopposed Motions; Rule to Show Cause
Book II. Ordinary Proceedings · Title I. Pleading · Chapter 4. Written Motions · Last amended 2023 · Last verified July 30, 2026
Full Text of Art. 963
Amendment History
Amended by Acts 2023, No. 5, §1, eff. 8/1/2023.
Plain-English Summary
Not every motion needs a hearing, and Article 963 draws the line between those that do and those that don't. If the movant is clearly entitled to the order without having to prove anything, the court can grant it ex parte — without hearing from, or even serving, the other side. That's the fast track, reserved for requests that don't need testing.
If the movant isn't clearly entitled to the order, or the request depends on supporting proof, the motion has to be served on the adverse party and tried contradictorily — meaning the other side gets notice and a chance to be heard before the court rules. Article 963 specifically identifies the rule to show cause, a common vehicle for bringing a contested matter before the court quickly, as this kind of contradictory motion.
The unopposed motion sits between the two. It's available when every affected party has already agreed to both the motion and the order the movant is presenting to the court — but that agreement has to be certified in the motion itself. A movant who files a motion claiming it's unopposed, without certifying that every affected party consented, doesn't get the shortcut; Article 963(D) sends the motion to a contradictory hearing instead.
Frequently Asked Questions
When can a Louisiana court grant a motion without a hearing?
When the movant is clearly entitled to the order without supporting proof. Article 963(A) allows the court to grant that kind of motion ex parte, without hearing the adverse party.
What is a rule to show cause?
It's a contradictory motion — one that has to be served on and tried with the adverse party, giving that party notice and an opportunity to respond before the court rules.
What does it take to file an unopposed motion?
The movant has to certify, in the motion itself, that every affected party has consented both to the motion and to the proposed order. Without that certification, Article 963(D) requires a contradictory hearing instead.