Opinion
24-C-261
06-13-2024
MAME MARIE BA v. MANDIAYE NDIAYE IN RE MAME MARIE BA
Applying for Supervisory writ from the Twenty-Fourth Judicial District Court, Parish of Jefferson, State of Louisiana, Directed to the Honorable Raymond S. Steib, Jr., Division "A", Number 847-690
Panel composed of Judges Susan M. Chehardy, Fredericka Homberg Wicker, and Jude G. Gravois
WRIT GRANTED; JUDGMENT VACATED; REMANDED WITH INSTRUCTIONS
In this writ application, Mame Marie Ba seeks this Court's supervisory review of the trial court's May 10, 2024 ex parte Order which rescinded Ms. Ba's in forma pauperis status.
On December 22, 2023, the Domestic Commissioner granted Ms. Ba's application to proceed in forma pauperis, pursuant to La. C.C.P arts. 5181, et seq. On May 7, 2024, Mandiaye Ndiaye filed "Defendant's Traversal of In Forma Pauperis Affidavit." On May 10, 2024, the trial court signed an ex parte Order rescinding Ms. Ba's in forma pauperis status.
Louisiana Code of Civil Procedure article 5184 provides:
A. An adverse party or the clerk of the court in which the litigation is pending may traverse the facts alleged in the affidavits of poverty, and the right of the applicant to exercise the privilege granted in this Chapter, by a rule against him to show cause why the order of court permitting him to litigate, or to continue the litigation, without paying the costs in advance, or as they accrue, or furnishing security therefor, should not be rescinded. However, only one rule to traverse the affidavit of poverty shall be allowed, whether the rule is filed by an adverse party or the clerk of court.
B. The court shall rescind its order if, on the trial of the rule to traverse , it finds that the litigant is not entitled to exercise the privilege granted in this Chapter.(Emphasis added.)
There is no evidence in the record that the trial court issued a rule to show cause to traverse Ms. Ba's application to proceed in forma pauperis, or conducted a contradictory hearing on Mr. Ndiaye's traversal of Ms. Ba's in forma pauperis status, as required by La. C.C.P. art. 5184. We thus find that the trial court erred in its ex parte rescission of Ms. Ba's in forma pauperis status. Accordingly, we grant Ms. Ba's writ application, vacate the Order rescinding Ms. Ba's in forma pauperis status, and order the trial court to set a rule to show cause and conduct a contradictory hearing on Mr. Ndiaye's traversal of Ms. Ba's in forma pauperis status, as required by La. C.C.P. art. 5184, within 10 days from the date of this disposition.
We express no opinion as to the merits of Mr. Ndiaye's traversal of Ms. Ba's in forma pauperis status.
JGG
SMC
FHW
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