Miles ex rel. Miles v. STU Insurance Co.

I respectfully dissent from the majority opinion with regard to the interpretation given to C.C.P. art. 1571. It (art. 1571) prescribes the procedure by which cases are assigned for trial. Assignment is a judicial activity, and C.C.P. art. 1571 prescribes what, as a court, it is required to do to meet this burden to fulfill its duties.

The official revision comments of art. 1571, in the annotated version of the code, sec. (a) states, “[n]o particular type or kind of notice is required, since the matter is to be regulated by the local rules of court.” The comment goes on the say in sec. (e)…