There is a newer version
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the Code of Civil Procedure
2021 Louisiana Laws
Code of Civil Procedure
LOUISIANA CODE OF CIVIL PROCEDURE
BOOK I
COURTS, ACTIONS, AND PARTIES
TITLE I
COURTS
- Art. 1. Jurisdiction defined
- Art. 2. Jurisdiction over subject matter
- Art. 3. Same; cannot be conferred by consent
- Art. 4. Same; determination when dependent on amount in dispute or value of right asserted
- Art. 5. Same; effect of reduction of claim
- Art. 6. Jurisdiction over the person
- Art. 7. Repealed by Acts 1997, No. 578, 5.
- Art. 8. Jurisdiction over property; in rem
- Art. 9. Same; quasi in rem; attachment
- Art. 10. Jurisdiction over status
- Art. 11. Military personnel
CHAPTER 2. VENUE
- Art. 41. Definition
- Art. 42. General rules
- Art. 43. Exceptions to general rules
- Art. 44. Waiver of objections to venue
- Art. 45. Conflict between two or more articles in Chapter
SECTION 2. EXCEPTIONS TO GENERAL RULES
- Art. 71. Action against individual who has changed domicile
- Art. 72. Certain actions involving property
- Art. 73. Action against joint or solidary obligors
- Art. 74. Action on offense or quasi offense
- Art. 74.1. Action to establish or disavow filiation
- Art. 74.2. Custody proceedings; support; forum non conveniens
- Art. 74.3. Marriage of persons related by adoption
- Art. 74.3.1. Marriage of persons; waiver of certain information
- Art. 74.4. Action on an open account or a promissory note
- Art. 74.5. Adult adoption
- Art. 74.6. Actions to seek court approval by parents during marriage
- Art. 75. Action on judicial bond
- Art. 76. Action on insurance policy
- Art. 76.1. Action on contract
- Art. 77. Action against person doing business in another parish
- Art. 78. Action against partners of existing partnership
- Art. 79. Action to dissolve partnership
- Art. 80. Action involving immovable property
- Art. 81. Action involving succession
- Art. 82. Action to partition community property
- Art. 83. Action to partition partnership property
- Art. 84. Action involving certain retirement systems and employee benefit programs
- Art. 85. Action against domestic corporation; charter revoked by secretary of state
- Art. 86. Action involving voting trusts
- Art. 87. Repealed
SECTION 3. CHANGE OF VENUE
- Art. 121. Action brought in improper venue; transfer
- Art. 122. Change of proper venue
- Art. 123. Forum non conveniens
- Art. 124. Forum non conveniens; transfer to city court
CHAPTER 3. RECUSAL OF JUDGES
- Art. 151. Grounds
- Art. 152. Disclosures
- Art. 153. Recusal on court's own motion
- Art. 154. Procedure for recusal of district court judge
- Art. 155. Selection of judge to try motion to recuse
- Art. 156. Selection of judge after recusal
- Art. 157. Recusal of supreme court justice
- Art. 158. Recusal of judge of court of appeal
- Art. 159. Recusal of ad hoc judge
- Art. 160. Recusation of judge of court of appeal
- Art. 161. Recusation of judge ad hoc
CHAPTER 4. POWER AND AUTHORITY
- Art. 191. Inherent judicial power
- Art. 192. Appointment of expert witnesses; expenses
- Art. 192.1. Interpreters for deaf and severely hearing-impaired persons
- Art. 192.2. Appointment of interpreter for non-English-speaking persons
NOTE: Art. 193 eff. until Jan. 1, 2022. See Acts 2021, No. 68.
NOTE: Art. 194 eff. until Jan. 1, 2022. See Acts 2021, No. 68.
NOTE: Art. 195 eff. until Jan. 1, 2022. See Acts 2021, No. 68.
NOTE: Art. 196 eff. until Jan. 1, 2022. See Acts 2021, No. 68.
NOTE: Art. 196.1 eff. until Jan. 1, 2022. See Acts 2021, No. 68.
SECTION 2. POWER TO PUNISH FOR CONTEMPT
- Art. 221. Kinds of contempt
- Art. 222. Direct contempt
- Art. 222.1. Direct contempt; fingerprinting and photographing; exception
- Art. 223. Same; procedure for punishing
- Art. 224. Constructive contempt
- Art. 225. Same; procedure for punishing
- Art. 226. Same; imprisonment until performance
- Art. 227. Punishment for contempt
CHAPTER 5. CLERKS
- Art. 251. Custodian of court records; certified copies; records public
- Art. 252. Issuance of process
- Art. 253. Pleadings, documents, and exhibits to be filed with clerk
- Art. 253.1. Pleadings; random assignment of cases
- Art. 253.2. Transfer and reassignment of pending cases
- Art. 253.3. Duty judge exceptions; authority to hear certain matters
- Art. 254. Docket and minute books
- Art. 255. Deputy clerks and other employees
- Art. 256. Minute clerk
- Art. 257. Neglect, failure, or refusal of clerk, deputy, or other employee to perform duty subjects him to punishment for contempt
- Art. 258. Electronic filing and recording of written instruments
- Art. 259. Liability of clerk of court
SECTION 2. CLERKS OF DISTRICT COURTS
- Art. 281. Certain articles not applicable to Civil District Court for the Parish of Orleans
- Art. 282. Acts which may be done by district court clerk
- Art. 283. Orders and judgments which may be signed by district court clerk
NOTE: Art. 284 eff. until Jan. 1, 2022. See Acts 2021, No. 174.
- Art. 284. Judicial powers of district court clerk
- Art. 285. Powers of district court clerk may be exercised whether judge absent from parish or not
- Art. 286. Powers of district court clerk which may not be exercised by deputy; powers of chief deputy clerk
- Art. 287. District court clerk ex officio notary
- Art. 288. Functions which district court clerk may exercise on holiday
CHAPTER 6. SHERIFFS
- Art. 321. Executive officer of district court; serves process, executes writs and mandates directed to him by courts
- Art. 322. Exercises civil functions only in own parish; exception
- Art. 323. Writs executed on holiday
- Art. 324. Returns on process served, and writs and judgments executed
- Art. 325. Right of entry for execution; may require assistance of others if resistance offered or threatened
- Art. 326. Protection and preservation of property seized
- Art. 327. Seizure of rents, fruits, and revenue of property under seizure
- Art. 328. Power of administration of property under seizure
- Art. 329. Disbursements for protection, preservation, and administration of seized property
- Art. 330. Collection of fines from, and imprisonment of, persons found guilty of contempt of court
- Art. 331. Deputy sheriffs and other employees
- Art. 332. Service or execution by constable or marshal
- Art. 333. Crier
- Art. 334. Neglect, failure, or refusal of sheriff, deputy sheriff, or employee to perform duty subjects him to punishment for contempt
CHAPTER 7. OTHER OFFICERS OF THE COURT
- Art. 371. Attorney
- Art. 372. Court reporter
- Art. 373. Expert appointed by court
- Art. 374. Legal representative
- Art. 375. Neglect, failure, or refusal of expert or legal representative to perform a legal duty when ordered to do so, subjects him to punishment for contempt of court
- Art. 376. Limitation of immunity
TITLE II
ACTIONS
- Art. 421. Civil action; commencement; amicable demand unnecessary
- Art. 422. Personal, real, mixed actions
- Art. 423. Implied right to enforce obligation; prematurity
- Art. 424. Cause of action as a defense
- Art. 425. Preclusion by judgment
- Art. 426. Transmission of action and of right to enforce obligation
- Art. 427. Action against obligor's heirs or legatees
- Art. 428. No abatement on death of party
CHAPTER 2. CUMULATION OF ACTIONS
- Art. 461. Cumulation of actions defined
- Art. 462. Cumulation by single plaintiff against single defendant
- Art. 463. Cumulation, plural plaintiffs or defendants
- Art. 464. Improper cumulation, effect
- Art. 465. Separate trials of cumulated actions
- Art. 466. Repealed by Acts 1983, No. 534, 11.
CHAPTER 3. LIS PENDENS
- Art. 531. Suits pending in Louisiana court or courts
- Art. 532. Motions to stay in suits pending in Louisiana and federal or foreign court
CHAPTER 4. ABANDONMENT OF ACTION
CHAPTER 5. CLASS AND DERIVATIVE ACTIONS
- Art. 591. Prerequisites; maintainable class actions
- Art. 592. Certification procedure; notice; judgment; orders
- Art. 593. Venue
- Art. 593.1. Class actions; lis pendens
- Art. 593.2. Class actions; forum non conveniens
- Art. 594. Dismissal or compromise
- Art. 595. Award of expenses of litigation; security for costs
- Art. 596. Prescription; suspension
- Art. 597. Effect of judgment
SECTION 2. DERIVATIVE ACTIONS
- Art. 611. Derivative actions; prerequisites
- Art. 612. Representation
- Art. 613. Procedure
- Art. 614. Venue
- Art. 615. Petition in shareholder's derivative action
- Art. 616. Shareholder's derivative action when not impracticable to join all shareholders, partners, or members
- Art. 617. Unincorporated association; definition; applicability
TITLE III
PARTIES
- Art. 641. Joinder of parties needed for just adjudication
- Art. 642. Determination by court whenever joinder not feasible
- Art. 643. Solidary obligees and obligors; joinder
- Art. 644. Party plaintiff who refuses or fails to sue
- Art. 645. Pleading nonjoinder of a party
- Art. 646. Amendment of petition to join a party
- Art. 647. Permissive joinder governed by rules of cumulation of actions
CHAPTER 2. PARTIES PLAINTIFF
- Art. 681. Real and actual interest required
- Art. 682. Individuals having procedural capacity
- Art. 683. Unemancipated minor
- Art. 684. Mental incompetent; interdict
- Art. 685. Succession
- Art. 686. Marital community
- Art. 687. Person doing business under trade name
- Art. 688. Partnership
- Art. 689. Unincorporated association
- Art. 690. Domestic corporation; insurer; limited liability company
- Art. 691. Foreign corporation; foreign limited liability company; foreign or alien insurance corporation
- Art. 692. Corporation, limited liability company, or partnership in receivership or liquidation
- Art. 693. Insurer in receivership
- Art. 694. Agent
- Art. 695. Absent or mentally incompetent managing spouse
- Art. 696. Pledgor and pledgee
- Art. 697. Subrogor and subrogee
- Art. 698. Assignor and assignee
- Art. 699. Trust estate
- Art. 700. Authority or qualification of plaintiff suing in representative capacity
CHAPTER 3. PARTIES DEFENDANT
- Art. 731. Individuals having procedural capacity
- Art. 732. Unemancipated minor
- Art. 733. Mental incompetent; interdict
- Art. 734. Succession
- Art. 735. Marital community
- Art. 736. Person doing business under trade name
- Art. 737. Partnership; partners
- Art. 738. Unincorporated association; members
- Art. 739. Corporation; limited liability company; insurer
- Art. 740. Corporation; limited liability company; partnership in receivership or liquidation
- Art. 741. Insurer in receivership
- Art. 742. Trust estate
- Art. 743. Absent or mentally incompetent managing spouse
CHAPTER 4. PARTIES TO INCIDENTAL DEMANDS
CHAPTER 5. SUBSTITUTION OF PARTIES
- Art. 801. Voluntary substitution for deceased party; legal successor
- Art. 802. Compulsory substitution for deceased party; summons
- Art. 803. Same; service or publication of summons
- Art. 804. Same; effect of failure of legal successor to appear
- Art. 805. Legal representative; successor
- Art. 806. Public officer
- Art. 807. Transfer of interest
SECTION 2. IN APPELLATE COURTS
- Art. 821. Rules of Chapter applicable to district courts; rules of other appellate courts applicable
BOOK II
ORDINARY PROCEEDINGS
TITLE I.
- Art. 851. Three modes of procedure; Book II governs ordinary proceedings
- Art. 852. Pleadings allowed; replicatory pleadings prohibited
- Art. 853. Caption of pleadings; adoption by reference; exhibits
- Art. 854. Form of pleading
- Art. 855. Pleading special matters; capacity
- Art. 856. Same; fraud, mistake, or condition of the mind
- Art. 857. Same; suspensive conditions
- Art. 858. Same; official document or act
- Art. 859. Same; judgment or decision
- Art. 860. Same; time and place
- Art. 861. Same; special damage
- Art. 862. Relief granted under pleadings; sufficiency of prayer
- Art. 863. Signing of pleadings; effect
- Art. 864. Attorney subject to disciplinary action
- Art. 865. Construction of pleadings
CHAPTER 2. PETITION
CHAPTER 3. EXCEPTIONS
- Art. 921. Exception defined
- Art. 922. Kinds of exceptions
- Art. 923. Functions of exceptions
- Art. 924. Form of exceptions
- Art. 925. Objections raised by declinatory exception; waiver
- Art. 926. Objections raised by dilatory exception; waiver
- Art. 927. Objections raised by peremptory exception
- Art. 928. Time of pleading exceptions
- Art. 929. Time of trial of exceptions
- Art. 930. Evidence on trial of declinatory and dilatory exceptions
- Art. 931. Evidence on trial of peremptory exception
- Art. 932. Effect of sustaining declinatory exception
- Art. 933. Effect of sustaining dilatory exception
- Art. 934. Effect of sustaining peremptory exception
CHAPTER 4. WRITTEN MOTIONS
- Art. 961. Written motion required; exception
- Art. 962. Form of written motion
- Art. 963. Ex parte and contradictory motions; rule to show cause
- Art. 964. Motion to strike
- Art. 965. Motion for judgment on pleadings
- Art. 966. Motion for summary judgment; procedure
- Art. 967. Same; affidavits
- Art. 968. Effect of judgment on pleadings and summary judgment
- Art. 969. Judgment on pleadings and summary judgment not permitted in certain cases; exception
- Art. 970. Motion for judgment on offer of judgment
- Art. 971. Special motion to strike
CHAPTER 5. ANSWER
NOTE: Art. 1002 eff. until Jan. 1, 2022. See Acts 2021, No. 174.
- Art. 1002. Answer or other pleading filed prior to signing of final default judgment
- Art. 1003. Form of answer
- Art. 1004. Denials
- Art. 1005. Affirmative defenses
- Art. 1006. Alternative defenses
CHAPTER 6. INCIDENTAL ACTIONS
- Art. 1031. Incidental demands allowed
- Art. 1032. Form of petition
- Art. 1033. Delay for filing incidental demand
- Art. 1034. Exceptions and motions
- Art. 1035. Answer
- Art. 1036. Jurisdiction; mode of procedure
- Art. 1037. Action instituted separately
- Art. 1038. Separate trial; separate judgment
- Art. 1039. Effect of dismissal of principal action
- Art. 1040. Words "plaintiff" and "defendant" include plaintiff and defendant in an incidental action
- Art. 1041. When prescribed incidental or third party demand is not barred
SECTION 2. RECONVENTION
- Art. 1061. Actions pleaded in reconventional demand; compulsory
- Art. 1062. Pleading compensation
- Art. 1063. Service of reconventional demand; citation unnecessary
- Art. 1064. Additional parties
- Art. 1065. Reconventional demand exceeding principal demand
- Art. 1066. Action matured or acquired after pleading
- Art. 1067. Redesignated to C.C.P. Art. 1041
SECTION 3. CROSS-CLAIMS
- Art. 1071. Cross-claims
- Art. 1072. Service of cross-claim, citation unnecessary
- Art. 1073. Additional parties
SECTION 4. INTERVENTION
- Art. 1091. Third person may intervene
- Art. 1092. Third person asserting ownership of, or mortgage or privilege on, seized property
- Art. 1093. Service of petition; citation unnecessary
- Art. 1094. Intervener accepts proceedings
SECTION 5. DEMAND AGAINST THIRD PARTY
- Art. 1111. Defendant may bring in third person
- Art. 1112. Defendant in reconvention may bring in third person
- Art. 1113. Effect of failure to bring in third party
- Art. 1114. Service of citation and pleadings
- Art. 1115. Defenses of original defendant available to third party defendant
- Art. 1116. Third party defendant may bring in third person
CHAPTER 7. AMENDED AND SUPPLEMENTAL PLEADINGS
- Art. 1151. Amendment of petition and answer; answer to amended petition
- Art. 1152. Amendment of exceptions
- Art. 1153. Amendment relates back
- Art. 1154. Amendment to conform to evidence
- Art. 1155. Supplemental pleadings
- Art. 1156. Amended and supplemental pleadings in incidental action
TITLE II
CITATION AND SERVICE OF PROCESS
- Art. 1201. Citation; waiver; delay for service
- Art. 1202. Form of citation
- Art. 1203. Citation to legal representative of multiple defendants
CHAPTER 2. SERVICE ON PERSONS
- Art. 1231. Types of service; time of making
- Art. 1232. Personal service
- Art. 1233. Same; where made
- Art. 1234. Domiciliary service
- Art. 1235. Service on representative
- Art. 1235.1. Service on incarcerated person
- Art. 1236. Service on clerical employees of physicians
- Art. 1237. Service on individual in multiple capacities
CHAPTER 3. SERVICE ON LEGAL AND
- Art. 1261. Domestic or foreign corporation
- Art. 1262. Same; secretary of state
- Art. 1263. Partnership
- Art. 1264. Unincorporated association
- Art. 1265. Political entity; public officer
- Art. 1266. Limited liability company
- Art. 1267. Same; service on secretary of state
CHAPTER 4. PERSONS AUTHORIZED TO MAKE SERVICE
CHAPTER 5. SERVICE OF PLEADINGS
- Art. 1311. Service of copy of exhibit to pleading unnecessary
- Art. 1312. Service of pleadings subsequent to petition; exceptions
- Art. 1313. Service by mail, delivery, or electronic means
- Art. 1314. Same; service by sheriff
TITLE III
PRODUCTION OF EVIDENCE
- Art. 1351. Issuance; form
- Art. 1352. Restrictions on subpoena
- Art. 1353. Prepayment of fees
- Art. 1354. Subpoena duces tecum
- Art. 1355. Service of subpoena
- Art. 1355.1. Reissuance of subpoena; service by certified or registered mail
- Art. 1356. Subpoenas and subpoenas duces tecum for depositions or inspections
- Art. 1357. Failure to comply with subpoena
CHAPTER 2. PROOF OF OFFICIAL RECORDS
- Art. 1391. Repealed by Acts 1988, No. 515, 7, eff. Jan. 1, 1989.
- Art. 1392. Proof of statutes
- Art. 1393. Repealed by Acts 1988, No. 515, 7, eff. Jan. 1, 1989.
- Art. 1394. Repealed by Acts 1988, No. 515, 7, eff. Jan. 1, 1989.
- Art. 1395. Repealed by Acts 1988, No. 515, 7, eff. Jan. 1, 1989.
- Art. 1396. Repealed by Acts 1988, No. 515, 7, eff. Jan. 1, 1989.
- Art. 1397. Repealed by Acts 1988, No. 515, 7, eff. Jan. 1, 1989.
CHAPTER 3. DISCOVERY
- Art. 1420. Signing of discovery requests, responses, or objections
- Art. 1421. Discovery methods
- Art. 1422. Scope of discovery; in general
- Art. 1422.1. Scope of discovery; records of the Louisiana Bureau of Criminal Identification and Information
- Art. 1423. Scope of discovery; insurance agreements
- Art. 1424. Scope of discovery; trial preparation; materials
- Art. 1425. Experts; pretrial disclosures; scope of discovery
- Art. 1426. Protective orders
- Art. 1426.1. Stay of discovery in civil matters by a district attorney in a related criminal matter
- Art. 1427. Sequence and timing of discovery
- Art. 1428. Supplementation of responses
SECTION 2. DEPOSITIONS: GENERAL DISPOSITIONS
- Art. 1429. Perpetuation of testimony; petition
- Art. 1430. Notice and service of petition; perpetuation of testimony
- Art. 1430.1. Ex parte order; death or incapacitating illness
- Art. 1431. Order and examination; perpetuation of testimony
- Art. 1432. Use of deposition
- Art. 1433. Deposition after trial
- Art. 1434. Person before whom deposition taken
- Art. 1435. Deposition taken in another state, or in a territory, district, or foreign jurisdiction
- Art. 1436. Stipulations; manner of taking; modification of procedures
- Art. 1436.1. Depositions by telephone
- Art. 1437. Deposition upon oral examination; when deposition may be taken
- Art. 1438. Notice of examination; time and place; subpoena duces tecum
- Art. 1439. Special notice
- Art. 1440. Nonstenographic recordation of testimony
- Art. 1441. Production of documents and things
- Art. 1442. Deposition of an organization
- Art. 1443. Examination and cross-examination; record of examination; oath; objections
- Art. 1444. Motion to terminate; limit examination
- Art. 1445. Submission to witness; changes; signing
- Art. 1446. Certification by officer; custody of deposition; exhibits; copies; notice of availability for inspection or copying; cost of originals and copies of transcripts
- Art. 1447. Failure to attend or to serve subpoena; expenses
- Art. 1448. Serving written questions; notice
- Art. 1449. Taking of testimony; preparation of record; notice of filing
- Art. 1450. Use of depositions
- Art. 1451. Objections to admissibility
- Art. 1452. Effect of taking or using depositions; deposing attorneys of record
- Art. 1453. Objection to irregularities in notice; waiver
- Art. 1454. Objections as to disqualification of officer; waiver
- Art. 1455. Objections, competency of witnesses; relevancy of testimony; manner or form of taking deposition
- Art. 1456. Objection as to completion and return of deposition
- Art. 1457. Interrogatories to parties; availability; additional, hearing required
- Art. 1458. Interrogatories to parties; procedures for use
- Art. 1459. Interrogatories to parties; scope; use at trial
- Art. 1460. Option to produce business records
- Art. 1461. Production of documents and things; entry upon land; scope
- Art. 1462. Production of documents and things; entry upon land; procedure
- Art. 1463. Production of documents and things; entry upon land, persons not parties
- Art. 1464. Order for an additional medical opinion for physical or mental examination of persons
- Art. 1465. Report of examining physician
- Art. 1465.1. Requests for release of medical records
- Art. 1466. Requests for admission; service of request
- Art. 1467. Requests for admission; answers and objections
- Art. 1468. Requests for admissions; effect of admission
- Art. 1469. Motion for order compelling discovery
- Art. 1469.1. Order compelling discovery of medical records
- Art. 1469.2. Order compelling discovery of financial records; notice
- Art. 1470. Failure to comply with order compelling discovery; contempt
- Art. 1471. Failure to comply with order compelling discovery; sanctions
- Art. 1472. Failure to admit; expenses
- Art. 1473. Failure to attend deposition, serve answers or respond to request for inspection
- Art. 1474. Service of written objections, notices, requests, affidavits, interrogatories, and answers thereto
- Art. 1475. Affidavit for medical cost; counter affidavit; service
TITLE IV
TITLE V
TRIAL
- Art. 1561. Consolidation for trial or other limited purposes
- Art. 1562. Separate trials of issues of insurance coverage, liability, and damages
- Art. 1563. Limited admission of liability in environmental damage lawsuits; effect
CHAPTER 2. ASSIGNMENT OF CASES FOR TRIAL
- Art. 1571. Assignment by court rule
- Art. 1572. Written request for notice of trial
- Art. 1573. Assignment of trials; preference; terminally ill
CHAPTER 3. CONTINUANCE
- Art. 1601. Discretionary grounds
- Art. 1602. Peremptory grounds
- Art. 1603. Motion for continuance
- Art. 1604. Prevention of continuance by admission of adverse party
- Art. 1605. Trial of motion; order
CHAPTER 4. TRIAL PROCEDURE
- Art. 1631. Power of court over proceedings; exclusion of witnesses; mistrial
- Art. 1632. Order of trial
- Art. 1633. Oath or affirmation of witnesses; refusal to testify
- Art. 1633.1. Live trial testimony by video
- Art. 1634. Cross-examination of a party or person identified with a party
- Art. 1635. Exceptions unnecessary
- Art. 1636. Evidence held inadmissible; record or statement as to nature thereof
- Art. 1637. Completion of trial; pronouncement of judgment
CHAPTER 5. DISMISSAL
- Art. 1671. Voluntary dismissal
- Art. 1672. Involuntary dismissal
- Art. 1673. Effect of dismissal with or without prejudice
CHAPTER 6. DEFAULT
NOTE: Art. 1702 eff. until Jan. 1, 2022. See Acts 2021, No. 174.
NOTE: Art. 1702.1 eff. until Jan. 1, 2022. See Acts 2021, No. 174.
NOTE: Art. 1703 eff. until Jan. 1, 2022. See Acts 2021, No. 174.
NOTE: Art. 1704 eff. until Jan. 1, 2022. See Acts 2021, No. 174.
- Art. 1704. Confirmation of preliminary default in suits against the state or a political subdivision
CHAPTER 7. JURY TRIAL
- Art. 1731. Issues triable by jury
- Art. 1732. Limitation upon jury trials
- Art. 1733. Demand for jury trial; bond for costs
- Art. 1734. Fixing the bond; calling the jury venire
- Art. 1734.1. Cash deposit; procedure
- Art. 1735. Specification of issues
- Art. 1736. Trial of less than all issues; stipulation
SECTION 2. SELECTION OF JURY
SECTION 3. PROCEDURE FOR CALLING AND
- Art. 1761. Procedure in general
- Art. 1762. Swearing of juror before examination
- Art. 1763. Examination of juror
- Art. 1764. Peremptory challenges
- Art. 1765. Challenges for cause
- Art. 1766. Time for challenges; method
- Art. 1767. Challenging or excusing jurors after acceptance
- Art. 1768. Swearing of jurors; selection of foreman
- Art. 1769. Alternate jurors
SECTION 4. PROCEDURE IN JURY TRIALS
- Art. 1791. Comment on facts by judge prohibited
- Art. 1792. Charge to the jury
- Art. 1793. Instructions to jury; objections
- Art. 1794. Taking evidence to jury room
- Art. 1795. Jury request to review testimony
- Art. 1796. Additional instructions
- Art. 1797. Number required for verdict
SECTION 5. VERDICTS
- Art. 1810. Directed verdicts; motion to dismiss at close of plaintiff's evidence
- Art. 1810.1. Repealed by Acts 1983, No. 534, 11.
- Art. 1811. Motion for judgment notwithstanding the verdict
- Art. 1812. Special verdicts
- Art. 1813. General verdict accompanied by answer to interrogatories
- Art. 1814. Remittitur or additur as alternative to new trial; reformation of verdict
TITLE VI
- Art. 1841. Judgments, interlocutory and final
- Art. 1842. Repealed by Acts 1990, No. 521, 3, eff. Jan. 1, 1991.
- Art. 3461. Venue; procedure
- Art. 3462. Partition of succession property
- Art. 4031. Minor domiciled in the state
- Art. 4032. Minor not domiciled in the state
- Art. 4033. Petitions filed in two or more courts; stay of proceedings in second and subsequent courts; adoption of proceedings by first court
- Art. 4034. Proceedings subsequent to appointment of tutor
NOTE: Art. 1843 eff. until Jan. 1, 2022. See Acts 2021, No. 174.
CHAPTER 2. DECLARATORY JUDGMENTS
- Art. 1871. Declaratory judgments; scope
- Art. 1872. Interested parties may obtain declaration of rights, status, or other legal relations
- Art. 1873. Construction of contract
- Art. 1874. Interested person may obtain declaration of rights; purpose
- Art. 1875. Powers enumerated not exclusive
- Art. 1876. Court may refuse declaratory judgment
- Art. 1877. Review of judgments and decrees
- Art. 1878. Supplemental relief; expedited hearing for constitutional determination; effect of pendency of other proceedings
- Art. 1879. Trial and determination of issue of fact
- Art. 1880. Parties
- Art. 1881. Construction
- Art. 1882. Provisions independent and severable
- Art. 1883. Uniformity of interpretation
CHAPTER 3. RENDITION
- Art. 1911. Final judgment; partial final judgment; signing; appeals
- Art. 1912. Final judgment; multi-parish districts, signing in any parish in the state
- Art. 1913. Notice of judgment
- Art. 1914. Interlocutory judgments; notice; delay for further action
- Art. 1915. Partial final judgment; partial judgment; partial exception; partial summary judgment
- Art. 1916. Jury cases; compromise agreements; signature of judgment by the court
- Art. 1917. Findings of the court and reasons for judgment
- Art. 1918. Form of final judgment
- Art. 1919. Judgment affecting immovable property; particular description
- Art. 1920. Costs; parties liable; procedure for taxing
- Art. 1921. Interest allowed by the judgment
- Art. 1922. Money judgments; judgment debtor; date of birth; social security number
CHAPTER 4. MODIFICATION IN TRIAL COURT
SECTION 2. NEW TRIAL
- Art. 1971. Granting of new trial
- Art. 1972. Peremptory grounds
- Art. 1973. Discretionary grounds
- Art. 1974. Delay for applying for new trial
- Art. 1975. Application for new trial; verifying affidavit
- Art. 1976. Service of notice
- Art. 1977. Assignment of new trial
- Art. 1978. Procedure in new trial
- Art. 1979. Summary decision on motion; maximum delays
SECTION 3. ACTION OF NULLITY
- Art. 2001. Grounds in general
- Art. 2002. Annulment for vices of form; time for action
- Art. 2003. Same; action lost through acquiescence
- Art. 2004. Annulment for vices of substance; peremption of action
- Art. 2005. Annulment of judgments; effect of appeal
- Art. 2006. Court where action brought
CHAPTER 5. REVIVAL
BOOK III
PROCEEDINGS IN APPELLATE COURTS
TITLE I
APPELLATE PROCEDURE
- Art. 2081. Applicability of Title
- Art. 2082. Definition of appeal
- Art. 2083. Judgments appealable
- Art. 2084. Legal representative may appeal
- Art. 2085. Limitations on appeals
- Art. 2086. Right of third person to appeal
- Art. 2087. Delay for taking devolutive appeal
- Art. 2088. Divesting of jurisdiction of trial court
- Art. 2089. Description required of immovable property affected by judgments or decrees
CHAPTER 2. PROCEDURE FOR APPEALING
- Art. 2121. Method of appealing
- Art. 2122. Appointment or removal of legal representative not suspended by appeal; effect of vacating appointment on appeal
- Art. 2123. Delay for taking suspensive appeal
- Art. 2124. Security to be furnished for an appeal
- Art. 2125. Return day
- Art. 2125.1. Notice of extension of return day granted by clerk of trial court
- Art. 2126. Payment of costs
- Art. 2127. Record on appeal; preparation
- Art. 2127.1. Same; certified and dated
- Art. 2127.2. Same; preparation and delivery of transcript
- Art. 2127.3. Same; contempt
- Art. 2128. Same; determination of content
- Art. 2128.1. Depositions
- Art. 2129. Assignment of errors unnecessary; exception
- Art. 2130. Record on appeal; statement of facts
- Art. 2131. Same; narrative of facts
- Art. 2132. Same; correction
- Art. 2133. Answer of appellee; when necessary
CHAPTER 3. PROCEDURE IN APPELLATE COURT
- Art. 2161. Dismissal for irregularities
- Art. 2162. Dismissal by consent of parties, or because of lack of jurisdiction or right to appeal, or abandonment; transfer
- Art. 2163. Peremptory exception filed in appellate court; remand if prescription pleaded
- Art. 2164. Scope of appeal and action to be taken; costs
- Art. 2164.1. Assignment of appellate panels
- Art. 2165. Appeals deemed abandoned
- Art. 2166. Rehearing, court of appeal judgment; finality; stay
- Art. 2167. Rehearing, supreme court judgment; finality; stay
- Art. 2168. Posting of unpublished opinions; citation
TITLE II
SUPERVISORY PROCEDURE
BOOK IV
EXECUTION OF JUDGMENTS
TITLE I. GENERAL DISPOSITIONS
- Art. 2251. Execution only in trial court; appellate court judgment
- Art. 2252. Delay before proceeding with execution
- Art. 2253. Writ from clerk to sheriff
- Art. 2254. Execution by sheriff; return; wrongful seizure
TITLE II
MONEY JUDGMENTS
- Art. 2291. Money judgment; fieri facias
- Art. 2292. Privilege of creditor on seized property; successive seizures
- Art. 2293. Notice to judgment debtor; appointment of attorney
- Art. 2294. Time for seizure; return
- Art. 2294.1. Time for seizure; return; city courts in Orleans Parish
- Art. 2295. Order of sale; sale in globo
- Art. 2296. Reduction of excessive seizure
- Art. 2297. Alias fieri facias
- Art. 2298. Injunction prohibiting sale; damages
- Art. 2299. Order prohibiting payment of proceeds of sale
CHAPTER 2. JUDICIAL SALE UNDER FIERI FACIAS
- Art. 2331. Publication of notice of sale
- Art. 2332. Appraisal
- Art. 2333. Sale of perishable property
- Art. 2334. Reading of advertisement and certificates
- Art. 2335. Superior mortgage or privilege
- Art. 2336. Minimum price; second offering
- Art. 2337. Price insufficient to discharge superior privileges; property not sold
- Art. 2338. Judgment creditor having superior privilege; price insufficient to satisfy inferior mortgage
- Art. 2339. Judgment debtor and creditor may bid
- Art. 2340. Payment of debt prior to adjudication
- Art. 2341. Sale when installment not due
- Art. 2342. Act of sale by sheriff
- Art. 2343. Sheriff's return after sale
CHAPTER 3. THE ADJUDICATION AND ITS EFFECT
- Art. 2371. Effect of adjudication
- Art. 2372. Sale subject to superior real charge or lease
- Art. 2373. Distribution of proceeds of sale
- Art. 2374. Property subject to superior mortgage; payment of price
- Art. 2375. Purchaser's liability; property subject to inferior mortgages
- Art. 2376. Release of inferior mortgages, liens, and privileges
- Art. 2377. Inferior mortgages; payment; reference to proceeds
- Art. 2378. Enforcement of mortgage or privilege superior to that of seizing creditor
- Art. 2379. Rights of buyer in case of eviction
- Art. 2380. Loss of recourse when purchaser fails to give judgment debtor timely notice
- Art. 2381. Action by seizing creditor who has been compelled to reimburse purchaser
CHAPTER 4. GARNISHMENT UNDER A
- Art. 2411. Garnishee; effect of service; financial institutions
- Art. 2412. Method of service; delay for answering
- Art. 2413. Effect of garnishee's failure to answer
- Art. 2414. Notice of answer; traversing
- Art. 2415. Delivery of property or payment of indebtedness to sheriff
- Art. 2416. Venue of garnishment proceedings
- Art. 2417. Garnishment in court other than one which rendered judgment
CHAPTER 5. EXAMINATION OF JUDGMENT DEBTOR
- Art. 2451. Examination of judgment debtor and third parties; depositions
- Art. 2452. Court where motion filed and examination conducted
- Art. 2453. Motion; order; service
- Art. 2454. Oath; testimony not used in criminal proceedings
- Art. 2455. Costs
- Art. 2456. Contempt
TITLE III
JUDGMENTS OTHER THAN MONEY JUDGMENTS
- Art. 2501. Judgment ordering delivery of possession; writ of possession
- Art. 2502. Writ of distringas; contempt; damages
- Art. 2503. Distringas, execution and revocation
- Art. 2504. Specific performance; court directing performance by third party
TITLE IV.
- Art. 2541. Execution of foreign judgments
- Art. 2542. Grounds for recognition of foreign defamation judgments
BOOK V
SUMMARY AND EXECUTORY PROCEEDINGS
TITLE I SUMMARY PROCEEDINGS
- Art. 2591. Proceedings conducted with rapidity
- Art. 2592. Use of summary proceedings
- Art. 2593. Pleadings
- Art. 2594. Service of process
- Art. 2595. Trial; decision
- Art. 2596. Rules of ordinary proceedings applicable; exceptions
TITLE II
EXECUTORY PROCEEDINGS
- Art. 2631. Use of executory proceedings
- Art. 2632. Act importing a confession of judgment
- Art. 2633. Venue
- Art. 2634. Petition
- Art. 2635. Authentic evidence submitted with petition
- Art. 2636. Authentic evidence
- Art. 2637. Evidence which need not be authentic
- Art. 2638. Order for issuance of writ of seizure and sale
- Art. 2639. Repealed by Acts 2003, No. 1072, §2.
- Art. 2640. Citation unnecessary; service of demand for payment
- Art. 2641. Service upon, and seizure and sale prosecuted against, attorney for unrepresented defendant
- Art. 2642. Assertion of defenses; appeal
- Art. 2643. Third person claiming mortgage, security interest, or privilege on property seized
- Art. 2644. Conversion to ordinary proceeding
CHAPTER 2. PROCEEDING AGAINST SURVIVING
- Art. 2671. Proceeding against surviving spouse in community
- Art. 2672. Proceeding against heirs or legatees
- Art. 2673. Proceeding against legal representative
- Art. 2674. Attorney appointed to represent unrepresented defendant
- Art. 2675. Case falling within application of two or more articles; plaintiff may bring proceeding under any applicable article
CHAPTER 3. PROCEEDINGS WHEN PROPERTY IN
- Art. 2701. Alienation of property to third person disregarded
- Art. 2702. Rights of third person who has acquired property and assumed indebtedness
- Art. 2703. Rights of third possessor
CHAPTER 4. EXECUTION OF WRIT OF SEIZURE AND SALE
- Art. 2721. Seizure of property; notice
- Art. 2722. Advertisement of sale
- Art. 2723. Appraisal of property, unless waived
- Art. 2724. Articles relating to sales under fieri facias applicable
- Art. 2725. Seizure and sale of a motor vehicle out-of-state; procedure
CHAPTER 5. INJUNCTION TO ARREST SEIZURE AND SALE
- Art. 2751. Grounds for arresting seizure and sale; damages
- Art. 2752. Injunction procedure
- Art. 2753. Security not required in certain cases
- Art. 2754. Security otherwise required
CHAPTER 6. DEFICIENCY JUDGMENT
CHAPTER 7. MAKING JUDGMENTS OF OTHER
- Art. 2781. When judgments may be made executory by other courts
- Art. 2782. Procedure; execution of executory judgment
- Art. 2783. Injunction to arrest execution of judgment made executory
SECTION 2. INTRASTATE REGISTRATION OF SUPPORT
SUBSECTION B. MODIFICATION
- Art. 2786. Registration of support orders for modification
- Art. 2787. Objections to registration of support order for modification
- Art. 2788. Confirmation of registered support order for modification
- Art. 2789. Confirmed registered support order for modification; effect
- Art. 2790. Confirmed registered support order; enforcement
SUBSECTION C. ENFORCEMENT
- Art. 2791. Registration of support orders for enforcement only
- Art. 2792. Objections to registration of support order for enforcement
- Art. 2793. Confirmation of registered support order for enforcement
- Art. 2794. Confirmed registered support order; enforcement
- Art. 2795. Joinder of actions
BOOK VI
PROBATE PROCEDURE
TITLE I GENERAL DISPOSITIONS
- Art. 2811. Court in which succession opened
- Art. 2812. Proceedings in different courts; stay; adoption of proceedings by court retaining jurisdiction
CHAPTER 2. EVIDENCE OF JURISDICTION AND HEIRSHIP
- Art. 2821. Evidence of jurisdiction, death, and relationship
- Art. 2822. Requirements of affidavit evidence
- Art. 2823. Additional evidence
- Art. 2824. No affidavit evidence of factual issues
- Art. 2825. Costs
- Art. 2826. Definition of certain terms used in Book VI
CHAPTER 3. PROBATE AND REGISTRY OF TESTAMENTS
- Art. 2851. Petition for probate
- Art. 2852. Documents submitted with petition for probate
- Art. 2853. Purported testament must be filed, though possessor doubts validity
- Art. 2854. Search for testament
- Art. 2855. Return to order to search for testament
- Art. 2856. Probate hearing; probate forthwith if witness present
- Art. 2857. Proponent must produce witnesses; subpoenas
SECTION 2. EX PARTE PROBATE OF TESTAMENTS
- Art. 2881. Ex parte probate if no objection
- Art. 2882. Proceedings at probate hearing
- Art. 2883. Olographic testament
- Art. 2884. Nuncupative testament by private act
- Art. 2885. Mystic testament
- Art. 2886. Probate of nuncupative testament by private act; mystic testament, when witnesses dead, absent, or incapacitated
- Art. 2887. Repealed by Acts 1997, No. 1421, 8, eff. July 1, 1999.
- Art. 2888. Foreign testament
- Art. 2889. Depositions of witnesses
- Art. 2890. Proces verbal of probate
- Art. 2891. Notarial testament, nuncupative testament by public act, and statutory testament executed without probate
- Art. 2892. Use of probate testimony in subsequent action
- Art. 2893. Period within which will must be probated
SECTION 3. CONTRADICTORY PROBATE OF TESTAMENTS
- Art. 2901. Contradictory trial required; time to file opposition
- Art. 2902. Opposition to petition for probate
- Art. 2903. Proponent bears burden of proof
- Art. 2904. Admissibility of videotape of execution of testament
CHAPTER 4. ANNULMENT OF PROBATED TESTAMENTS
- Art. 2931. Annulment of probated testament by direct action; defendants; summary proceeding
- Art. 2932. Burden of proof in action to annul
- Art. 2933. Repealed by Acts 1997, No. 1421, 8, eff. July 1, 1999.
CHAPTER 5. PAYMENT OF STATE
- Art. 2951. Repealed by Acts 2010, No. 175, §6.
- Art. 2952. Descriptive list of property, if no inventory
- Art. 2953. Repealed by Acts 2010, No. 175, §6.
- Art. 2954. Repealed by Acts 2010, No. 175, §6.
CHAPTER 6. GENERAL RULES OF PROCEDURE
- Art. 2971. Pleading and service of process
- Art. 2972. Oppositions
- Art. 2973. Responsive pleadings to opposition
- Art. 2974. Appeals
TITLE II
ACCEPTANCE OF SUCCESSIONS WITHOUT ADMINISTRATION
- Art. 3001. Sending into possession without administration when all heirs are competent and accept
- Art. 3002. Same; petition for possession
- Art. 3003. Same; evidence of allegations of petition for possession
- Art. 3004. Discretionary power to send heirs and surviving spouse into possession
- Art. 3005. Same; petition for possession; evidence
- Art. 3006. Same; when one of competent heirs cannot join in petition for possession
- Art. 3007. Creditor may demand security when heirs sent into possession
- Art. 3008. Administration in default of security
CHAPTER 2. TESTATE SUCCESSIONS
- Art. 3031. Sending legatees into possession without administration
- Art. 3032. Same; petition for possession; evidence
- Art. 3033. Same; compensation of executor
- Art. 3034. Creditor may demand security when legatees sent into possession; administration in default of security
- Art. 3035. Particular legatee may demand security for delivery of legacy; administration in default of security
CHAPTER 3. JUDGMENTS OF POSSESSION
TITLE III
ADMINISTRATION OF SUCCESSIONS
- Art. 3081. Petition for confirmation
- Art. 3082. Order of confirmation; letters
- Art. 3083. Appointment of dative testamentary executor
SECTION 2. ADMINISTRATORS
- Art. 3091. Petition for notice of application for appointment
- Art. 3092. Form of petition for notice of application for appointment
- Art. 3093. Notice in compliance with petition
- Art. 3094. Order on application for appointment
- Art. 3095. Opposition to application for appointment
- Art. 3096. Appointment when no opposition; appointment after trial of opposition
- Art. 3097. Disqualifications
- Art. 3098. Priority of appointment
SECTION 3. PROVISIONAL ADMINISTRATORS
- Art. 3111. Appointment
- Art. 3112. Security; oath; tenure; rights and duties
- Art. 3113. Inventory taken or descriptive list filed when appointment made
SECTION 4. ADMINISTRATORS OF VACANT SUCCESSIONS
- Art. 3121. Attorney appointed as administrator of vacant successions; exceptions
- Art. 3122. Public administrator as administrator of vacant successions in certain parishes
SECTION 5. INVENTORY OF SUCCESSION PROPERTY
- Art. 3131. Notary appointed for inventory in each parish
- Art. 3132. Public inventory
- Art. 3133. Proces verbal of inventory
- Art. 3134. Return of proces verbal of inventory
- Art. 3135. Proces verbal of inventory prima facie proof; traverse
- Art. 3136. Descriptive list of property in lieu of inventory
- Art. 3137. Descriptive list prima facie correct; amendment or traverse; reduction or increase of security
SECTION 6. SECURITY, OATH, AND LETTERS OF
- Art. 3151. Security of administrator
- Art. 3152. Security of provisional administrator
- Art. 3153. Security of testamentary executor
- Art. 3154. Forced heirs and surviving spouse in community may compel executor to furnish security
- Art. 3154.1. Repealed by Acts 2004, No. 158, §2.
- Art. 3155. Creditor may compel executor to furnish security
- Art. 3155.1. Repealed by Acts 1997, No. 1421, 8, eff. July 1, 1999.
- Art. 3156. Maximum security of executor
- Art. 3157. Special mortgage in lieu of bond
- Art. 3158. Oath of succession representative
- Art. 3159. Issuance of letters to succession representative
CHAPTER 2. ATTORNEY FOR ABSENT HEIRS AND LEGATEES
- Art. 3171. Appointment
- Art. 3172. Duties
- Art. 3173. Removal; appointment of successor
- Art. 3174. Compensation
CHAPTER 3. REVOCATION OF APPOINTMENT, AND REMOVAL
- Art. 3181. Revocation of appointment or confirmation; extension of time to qualify
- Art. 3182. Removal
CHAPTER 4. GENERAL FUNCTIONS, POWERS, AND DUTIES OF
- Art. 3191. General duties; appointment of agent
- Art. 3192. Duties and powers of multiple representatives
- Art. 3193. Powers of surviving representatives
- Art. 3194. Contracts between succession representative and succession prohibited; penalties for failure to comply
- Art. 3195. Contracts between succession representative and succession; exceptions
- Art. 3196. Procedural rights of succession representative
- Art. 3197. Duty to close succession
- Art. 3198. Compromise and modification of obligations
SECTION 2. COLLECTION OF SUCCESSION PROPERTY
SECTION 3. PRESERVATION AND MANAGEMENT
- Art. 3221. Preservation of succession property
- Art. 3222. Deposit of succession funds; unauthorized withdrawals prohibited; penalty
- Art. 3223. Investment of succession funds
- Art. 3224. Continuation of business
- Art. 3224.1. Continuation of corporation or partnership in which decedent held a majority interest
- Art. 3225. Continuation of business,; interim order unappealable
- Art. 3226. Lease of succession property
- Art. 3227. Execution of contracts
- Art. 3228. Loans to succession representative for specific purposes; authority to encumber succession property as security therefor
- Art. 3229. Notice by publication of application for court order; opposition
CHAPTER 5. ENFORCEMENT OF CLAIMS
- Art. 3241. Presenting claim against succession
- Art. 3242. Acknowledgment or rejection of claim by representative
- Art. 3243. Effect of acknowledgment of claim by representative
- Art. 3244. Effect of inclusion of claim in petition or in tableau of distribution
- Art. 3245. Submission of formal proof of claim to suspend prescription
- Art. 3246. Rejection of claim; prerequisite to judicial enforcement
- Art. 3247. Execution against succession property prohibited
- Art. 3248. Enforcement of conventional mortgage or pledge
- Art. 3249. Succession representative as party defendant
CHAPTER 6. ALIENATION OF SUCCESSION PROPERTY
- Art. 3261. Purpose of sale
- Art. 3262. No priority as between movables and immovables
- Art. 3263. Terms of sale
- Art. 3264. Perishable property; crops
- Art. 3265. Prima facie proof of publication
- Art. 3266. Issuance of certificates of no opposition
SECTION 2. PUBLIC SALE
- Art. 3271. Petition; order
- Art. 3272. Publication of notice of sale; place of sale
- Art. 3273. Minimum price; second offering
- Art. 4321. Petition; order
- Art. 4322. Publication; place of sale
- Art. 4323. Minimum price; subsequent offering
SECTION 3. PRIVATE SALE
- Art. 3281. Petition for private sale
- Art. 3282. Publication
- Art. 3283. Who may file opposition
- Art. 3284. Order; hearing
- Art. 3285. Bonds and stocks
- Art. 3286. Court may authorize listing
- Art. 3287. Household goods
- Art. 3288. Motor vehicles; sale at appraised value
- Art. 4341. Petition
- Art. 4342. Bonds and stocks
SECTION 4. EXCHANGE OF SUCCESSION PROPERTY
- Art. 3291. Court may authorize exchange
- Art. 3292. Petition for authority to exchange
- Art. 3293. Copy of petition for authority to be served on heirs and legatees; exception
- Art. 3294. Publication of notice; opposition; hearing; order
SECTION 5. GIVING IN PAYMENT; PROCEDURE
- Art. 3295. Giving in payment of succession property
- Art. 3296. Petition
- Art. 3297. Publication
- Art. 3298. Hearing; order
CHAPTER 7. PAYMENT OF ESTATE DEBTS
- Art. 3301. Payment of estate debts; court order
- Art. 3302. Time of payment of estate debts; urgent estate debts
- Art. 3303. Petition for authority; tableau of distribution
- Art. 3304. Notice of filing of petition; publication
- Art. 3305. Petition for notice of filing of tableau of distribution
- Art. 3306. Notice of filing of tableau of distribution; effect of failure to serve
- Art. 3307. Homologation; payment
- Art. 3308. Appeal
CHAPTER 8. INTERIM ALLOWANCE TO HEIRS AND LEGATEES
CHAPTER 9. ACCOUNTING BY SUCCESSION REPRESENTATIVE
- Art. 3331. Time for filing account
- Art. 3332. Final account
- Art. 3333. Contents of account
- Art. 3334. Failure to file account; penalty
- Art. 3335. Notice to heirs and residuary legatees
- Art. 3336. Opposition; homologation
- Art. 3337. Effect of homologation
- Art. 3338. Deceased or interdicted succession representative
CHAPTER 10. COMPENSATION OF
- Art. 3351. Amount of compensation; when due
- Art. 3351.1. Amount of compensation; limitation when serving as attorney, corporate officer, or managing partner
- Art. 3352. More than one succession representative
- Art. 3353. Legacy to executor
CHAPTER 11. SENDING HEIRS AND LEGATEES
- Art. 3361. After homologation of final tableau of distribution
- Art. 3362. Prior to homologation of final tableau of distribution
SECTION 2. TESTATE SUCCESSION
- Art. 3371. After homologation of final tableau of distribution
- Art. 3372. Prior to homologation of final tableau of distribution
SECTION 3. JUDGMENT OF POSSESSION
CHAPTER 12. DISCHARGE OF SUCCESSION REPRESENTATIVE
- Art. 3391. Discharge of succession representative
- Art. 3392. Effect of judgment of discharge
- Art. 3393. Reopening of succession
- Art. 3394. Refusal or inability to accept funds; deposit in bank
- Art. 3395. Disposition of movables not accepted by heir
CHAPTER 13. INDEPENDENT ADMINISTRATION OF ESTATES
- Art. 3396. Definitions
- Art. 3396.1. Scope
- Art. 3396.2. Provision for independent administration by testator
- Art. 3396.3. Designation of executor but failure to provide for independent administration by testator
- Art. 3396.4. Failure to designate an executor
- Art. 3396.5. Independent administration when decedent dies intestate
- Art. 3396.6. Independent administration when estate is part testate, part intestate
- Art. 3396.7. Trusteeships
- Art. 3396.8. Usufruct
- Art. 3396.9. Interdict or unemancipated minor
- Art. 3396.10. Survivorship
- Art. 3396.11. Possibility of renunciation
- Art. 3396.12. Death of successor
- Art. 3396.13. Testamentary prohibition of independent administration
- Art. 3396.14. Security of independent administrator
- Art. 3396.15. Rights, powers, and duties; performance without court authority
- Art. 3396.16. Enforcement of claims against estate
- Art. 3396.17. Accounting
- Art. 3396.18. Inventory or sworn descriptive list
- Art. 3396.19. Final account
- Art. 3396.20. Removal of succession representative and termination of independent administration
TITLE IV
- Art. 3401. Jurisdiction; procedure
- Art. 3402. Foreign representative; qualification
- Art. 3403. Capacity to sue
- Art. 3404. Priority in appointment
- Art. 3405. Testament probated outside Louisiana
TITLE V
SMALL SUCCESSIONS
- Art. 3421. Small successions defined
- Art. 3422. Court costs; compensation
- Art. 3422.1. Small succession immovable property damaged by disaster or catastrophe
CHAPTER 2. WHEN JUDICIAL PROCEEDINGS UNNECESSARY
- Art. 3431. Small successions; judicial opening unnecessary
- Art. 3432. Affidavit for small succession; contents
- Art. 3432.1. Affidavit for small succession for a person domiciled outside of Louisiana who died testate; contents
- Art. 3433. Repealed by Acts 2009, No. 81 , §2, eff. June 18, 2009.
- Art. 3434. Endorsed copy of affidavit authority for delivery of property
CHAPTER 3. JUDICIAL PROCEEDINGS
- Art. 3441. Acceptance without administration; procedure
- Art. 3442. Administration of successions; procedure
- Art. 3443. Sale of succession property; publication of notice of sale
BOOK VII
SPECIAL PROCEEDINGS
TITLE I PROVISIONAL REMEDIES
- Art. 3501. Petition; affidavit; security
- Art. 3502. Issuance of writ before petition filed
- Art. 3503. Garnishment under writs of attachment or of sequestration
- Art. 3504. Return of sheriff; inventory
- Art. 3505. Reduction of excessive seizure
- Art. 3506. Dissolution of writ; damages
- Art. 3507. Release of property by defendant; security
- Art. 3507.1. Release of property by plaintiff; security
- Art. 3508. Amount of security for release of attached or sequestered property
- Art. 3509. Release of property by third person
- Art. 3510. Necessity for judgment and execution
- Art. 3511. Attachment and sequestration; privilege
- Art. 3512. Release of plaintiff's security
- Art. 3513. Sale of perishable property
- Art. 3514. Release not to affect right to damages
SECTION 2. ATTACHMENT
- Art. 3541. Grounds for attachment
- Art. 3542. Actions in which attachment can issue
- Art. 3543. Issuance of a writ of attachment before debt due
- Art. 3544. Plaintiff's security
- Art. 3545. Nonresident attachment; venue
SECTION 3. SEQUESTRATION
- Art. 3571. Grounds for sequestration
- Art. 3572. Sequestration before rent due
- Art. 3573. Sequestration by court on its own motion
- Art. 3574. Plaintiff's security
- Art. 3575. Lessor's privilege
- Art. 3576. Release of property under sequestration
CHAPTER 2. INJUNCTION
- Art. 3601. Injunction, grounds for issuance; preliminary injunction; temporary restraining order
- Art. 3602. Preliminary injunction; notice; hearing
- Art. 3603. Temporary restraining order; affidavit or affirmation of irreparable injury and notification efforts
- Art. 3603.1. Governing provisions for issuance of protective orders; grounds; notice; court-appointed counsel
- Art. 3604. Form, contents, and duration of restraining order
- Art. 3605. Content and scope of injunction or restraining order
- Art. 3606. Temporary restraining order; hearing on preliminary injunction
- Art. 3607. Dissolution or modification of temporary restraining order or preliminary injunction
- Art. 3607.1. Registry of temporary restraining order, preliminary injunction or permanent injunction
- Art. 3608. Damages for wrongful issuance of temporary restraining order or preliminary injunction
- Art. 3609. Proof at hearings; affidavits
- Art. 3610. Security for temporary restraining order or preliminary injunction
- Art. 3611. Penalty for disobedience; damages
- Art. 3612. Appeals
- Art. 3613. Jurisdiction not limited
TITLE II
REAL ACTIONS
- Art. 3651. Petitory action
- Art. 3652. Same; parties; venue
- Art. 3653. Same; proof of title; immovable
- Art. 3654. Proof of title in action for declaratory judgment, concursus, expropriation, or similar proceeding
- Art. 3655. Possessory action
- Art. 3656. Same; parties; venue
- Art. 3657. Same; cumulation with petitory action prohibited; conversion into or separate petitory action by defendant
- Art. 3658. Same; requisites
- Art. 3659. Same; disturbance in fact and in law defined
- Art. 3660. Same; possession
- Art. 3661. Same; title not at issue; limited admissibility of evidence of title
- Art. 3662. Same; relief which may be granted successful plaintiff in judgment; appeal
- Art. 3663. Sequestration; injunctive relief
- Art. 3664. Mineral rights asserted, protected and defended as other immovables
- Art. 3665. When mineral right owner may assert possessory action
- Art. 3666. Loss of right to bring possessory action by owner of mineral right
- Art. 3667. When proof of nonuse required in possessory action against owner of mineral right
- Art. 3668. When proof of nonuse not required in possessory action against claimant of mineral right
- Art. 3669. Possessory action unavailable between owner of mineral servitude and owner of dependent mineral royalty
- Art. 3670. Real actions against mineral lessee unavailable to mineral lessor or possessor bound by lease
- Art. 3671. Real actions involving mineral rights subject to other provisions governing real actions generally
CHAPTER 2. BOUNDARY ACTION
- Art. 3691. Boundary action
- Art. 3692. Appointment of surveyor by court; duties of surveyor
- Art. 3693. Evidence; judgment
CHAPTER 3. HYPOTHECARY ACTION
- Art. 3721. Methods of enforcing mortgage
- Art. 3722. Enforcement by ordinary proceeding
- Art. 3723. Enforcement by executory proceeding
SECTION 2. HYPOTHECARY ACTION AGAINST THIRD PERSON
CHAPTER 4. NOTICE OF PENDENCY OF ACTION
- Art. 3751. Notice to be recorded to affect third persons
- Art. 3752. Requirements of notice; recordation
- Art. 3753. Cancellation of notice of pendency
TITLE III
EXTRAORDINARY REMEDIES
- Art. 3781. Petition; summary trial; issuance of writs
- Art. 3782. Return date
- Art. 3783. Answer
- Art. 3784. Hearing
- Art. 3785. Disobedience of writ or judgment; contempt
CHAPTER 2. HABEAS CORPUS
- Art. 3821. Definition
- Art. 3822. Venue
- Art. 3823. Persons authorized to make service; proof of service
- Art. 3824. Method of service
- Art. 3825. Answer; production of person in custody
- Art. 3826. Transfer of custody; answer
- Art. 3827. Inability to produce person in custody
- Art. 3828. Custody pendente lite
- Art. 3829. Notice of hearing
- Art. 3830. Judgment
- Art. 3831. Appeal not to suspend execution of judgment; delay
CHAPTER 3. MANDAMUS
- Art. 3861. Definition
- Art. 3862. Mandamus; issuance of
- Art. 3863. Person against whom writ directed
- Art. 3864. Mandamus against corporation or corporate officer; limited liability company or member or manager
- Art. 3865. Alternative writ
- Art. 3866. Judgment
CHAPTER 4. QUO WARRANTO
TITLE IV.
- Art. 3941. Court where action brought; nullity of judgment of court of improper venue
- Art. 3942. Appeal from judgment granting or refusing annulment or divorce
- Art. 3943. Appeal from judgment awarding, modifying, or denying custody, visitation, or support
- Art. 3944. Injunctive relief in divorce actions; bond not required in certain cases
- Art. 3945. Incidental order of temporary child custody; injunctive relief; exceptions
- Art. 3946. Execution of support and claims for contributions awards in arrears
- Art. 3947. Name confirmation
CHAPTER 2. DIVORCE UNDER CIVIL CODE ARTICLE 102
- Art. 3951. Petition for divorce
- Art. 3952. Rule to show cause and affidavit
- Art. 3953. Nullity of judgment
- Art. 3954. Abandonment of action
- Art. 3955. Service of petition
- Art. 3956. Evidence of facts in divorce action
- Art. 3957. Waiver of service of petition and rule to show cause and accompanying notices
- Art. 3958. Voluntary dismissal
TITLE V
JUDICIAL EMANCIPATION
- Art. 3991. Petition for judicial emancipation
- Art. 3992. Petition requirements
- Art. 3993. Venue for judicial emancipation
- Art. 3994. Emancipation hearing
- Art. 3995. Judgment of limited emancipation
- Art. 3996. Appeal
- Art. 3997. Modification or termination of emancipation
- Art. 3998. Recordation
CHAPTER 2. APPOINTMENT OF PARTICULAR TUTORS
- Art. 4061. Natural tutor; general obligations
- Art. 4061.1. Natural tutor; action for damages on behalf of child
- Art. 4062. Tutorship by will
- Art. 4063. Legal tutor
- Art. 4064. Dative tutor
- Art. 4065. Legal or dative tutor; petition for appointment; publication of notice
- Art. 4066. Opposition to application of legal or dative tutor
- Art. 4067. Appointment of legal or dative tutor
- Art. 4068. Appeal from judgment confirming, appointing, or removing tutor or undertutor; effect
- Art. 4069. Separate tutor of property
- Art. 4070. Provisional tutor
- Art. 4071. Security, oath, and tenure of provisional tutor
- Art. 4072. Inventory or detailed descriptive list on appointment of provisional tutor
- Art. 4073. Functions, duties, and authority of provisional tutor
CHAPTER 3. INVENTORY OF MINOR'S PROPERTY
- Art. 4101. Inventory and appraisement or descriptive list
- Art. 4102. Procedure for inventory; proces verbal; return
CHAPTER 4. SECURITY OF TUTOR
- Art. 4131. Amount
- Art. 4132. Nature of security
- Art. 4133. Special mortgage instead of bond
- Art. 4134. Natural tutor; bond; recordation of certificate of inventory or detailed descriptive list
- Art. 4135. Security instead of legal mortgage
- Art. 4136. Substitution of one kind of security for another
- Art. 4137. Subordination of legal mortgage to conventional mortgage
CHAPTER 5. OATH AND LETTERS OF TUTORSHIP
CHAPTER 6. UNDERTUTOR
- Art. 4201. Appointment; oath
- Art. 4202. General duties of undertutor
- Art. 4203. Compelling tutor to account
- Art. 4204. Security of tutor, undertutor's duty regarding sufficiency
- Art. 4205. Vacancy in tutorship, duty of undertutor
- Art. 4206. Termination of duties
CHAPTER 7. DISQUALIFICATION, REVOCATION OF
- Art. 4231. Disqualification of tutor
- Art. 4232. Revocation of appointment; extension of time to qualify
- Art. 4233. Resignation of tutor
- Art. 4234. Removal of tutor
- Art. 4235. Authority and liability of tutor after resignation or removal
- Art. 4236. Undertutor, grounds for disqualification, revocation, or removal
- Art. 4237. Appointment of successor tutor or undertutor
- Art. 4238. Heirs of tutor; responsibility
CHAPTER 8. GENERAL FUNCTIONS, POWERS, AND
- Art. 4261. Care of person of minor; expenses
- Art. 4262. Administration of minor's property
- Art. 4263. Contracts between tutor and minor
- Art. 4264. Tutor's administration in his own name; procedural rights
- Art. 4265. Compromise and modification of obligations
- Art. 4266. Continuation of business
- Art. 4267. Loans to tutor for specific purposes; authority to mortgage and pledge minor's property
- Art. 4268. Lease of minor's property; mineral contracts
- Art. 4269. Investment and management of minor's property
- Art. 4269.1. Placement of minor's property in trust
- Art. 4270. Procedure for investing, reinvesting, or withdrawing funds; checking account on behalf of minor
- Art. 4271. Court approval of action affecting minor's interest
- Art. 4272. Court approval of payments to minor
- Art. 4273. Appointment of agent
- Art. 4274. Compensation of tutor
- Art. 4275. Donations to or by minor
CHAPTER 9. ALIENATION OF MINOR'S PROPERTY
- Art. 4301. Purpose of sale or exchange
- Art. 4302. Terms of sale
- Art. 4303. Perishable property; crops
- Art. 4304. Additional bond prior to sale of immovables
SECTION 4. ADJUDICATION TO PARENT
- Art. 4361. Adjudication of minor's interest to parent co-owner
- Art. 4362. Recordation of judgment; mortgage in favor of minor
- Art. 4363. Security instead of mortgage
SECTION 5. EXCHANGE
CHAPTER 10. ACCOUNTING BY TUTOR
- Art. 4391. Duty to account; annual accounts
- Art. 4392. Final account
- Art. 4393. Contents of account
- Art. 4394. Service of account
- Art. 4395. Opposition; homologation
- Art. 4396. Effect of homologation
- Art. 4397. Deceased or interdicted tutor
- Art. 4398. Cost of accounting
CHAPTER 11. ANCILLARY TUTORSHIP PROCEDURE
- Art. 4431. Foreign tutor; authority and powers
- Art. 4432. Possession or removal of property from state
- Art. 4433. Foreign tutor qualifying in Louisiana; authority
CHAPTER 12. SMALL TUTORSHIPS
- Art. 4461. Small tutorship defined
- Art. 4462. Inventory dispensed with
- Art. 4463. Tutor without bond
- Art. 4464. Court costs
TITLE VII. ADMINISTRATION OF MINOR'S PROPERTY
TITLE VII-A. ADMINISTRATION OF COURT JUDGMENT IN FAVOR OF MINOR
TITLE VIII. INTERDICTION AND CURATORSHIP OF INTERDICTS
- Art. 4541. Petition for interdiction
- Art. 4542. Venue
- Art. 4543. Service upon defendant and notice to interested persons
- Art. 4544. Appointment of attorney
- Art. 4545. Appointment of examiner
- Art. 4546. Fixing of hearings or trial
- Art. 4547. Hearing
- Art. 4548. Burden of proof
- Art. 4549. Temporary and preliminary interdiction; attorney
- Art. 4550. Costs and attorney fees
- Art. 4551. Judgment
- Art. 4552. Recordation of notice of suit and judgment
- Art. 4553. Post-judgment proceedings
- Art. 4554. Modification or termination of interdiction
- Art. 4555. Appeal
- Art. 4556. Ancillary interdiction procedure
CHAPTER 2. CURATORS AND UNDERCURATORS
- Art. 4561. Appointment of curator
- Art. 4562. Qualification of curator
- Art. 4563. Inventory and security
- Art. 4564. Letters of curatorship
- Art. 4565. Undercurators
- Art. 4566. Management of affairs of the interdict
- Art. 4567. Expenses of interdict and legal dependents
- Art. 4568. Removal of curator or undercurator
- Art. 4569. Post-judgment monitoring and reporting
- Art. 4570. Cause of action for visitation with the interdict
TITLE IX
- Art. 4601. Methods of partition
- Art. 4602. Judicial partition
- Art. 4603. Same; procedure; venue
- Art. 4604. Inventory
- Art. 4605. Preference; appointment of notary; discretion of court
- Art. 4606. Partition in kind
- Art. 4607. Partition by licitation or by private sale
- Art. 4608. Controversy before notary effecting partition
- Art. 4609. Homologation of partition
- Art. 4610. Opposition to homologation
- Art. 4611. Supplementary partition when rule to reject or opposition to homologation sustained
- Art. 4612. Finality of partition when rule to reject or opposition unfounded
- Art. 4613. Attorney's fee in uncontested proceedings
- Art. 4614. Purchase by co-owner of property or interest sold
CHAPTER 2. PARTITION WHEN CO-OWNER AN ABSENTEE
- Art. 4621. Partition by licitation or private sale
- Art. 4622. Petition
- Art. 4623. Order; service of citation; contradictory proceedings
- Art. 4624. Publication of notice
- Art. 4625. Trial; judgment ordering sale
- Art. 4626. Judgment ordering reimbursement or payment of amounts due co-owner out of proceeds of public sale
- Art. 4626.1. Judgment ordering reimbursement or payment of amounts due co-owner and payment and allocation of costs of private sale out of proceeds of sale
- Art. 4627. Effect of judgment and sale
- Art. 4628. Deposit of absentee's share into registry of court
- Art. 4629. Articles applicable to partition by licitation or private sale
- Art. 4630. Partition in kind when defendant appears and prays therefor
CHAPTER 3. PARTITION WHEN CO-OWNER A
- Art. 4641. Sale of interest of minor or interdict to effect partition
- Art. 4642. Partition in kind, dispensing with drawing of lots when authorized by court
- Art. 4643. Appointment of attorney for incompetent when interests conflict
TITLE X
CONCURSUS PROCEEDINGS
- Art. 4651. Definition
- Art. 4652. Claimants who may be impleaded
- Art. 4653. Parish where proceeding brought
- Art. 4654. Petition
- Art. 4655. Service of process; delay for answer
- Art. 4656. Each defendant both plaintiff and defendant; no responsive pleadings to answer; no default required
- Art. 4657. Failure of defendant to answer timely
- Art. 4657.1. Notice to attorney general when the state is a defendant
- Art. 4658. Deposit of money into registry of court
- Art. 4659. Costs
- Art. 4660. Injunctive relief
- Art. 4661. Applicability of articles to proceedings under certain special statutes
- Art. 4662. Rules of ordinary proceeding applicable
TITLE XI
- Art. 4701. Termination of lease; notice to vacate; waiver of notice
- Art. 4702. Notice to occupant other than tenant to vacate
- Art. 4703. Delivery or service when premises abandoned or closed, or whereabouts of tenant or occupant unknown
- Art. 4704. Definitions
- Art. 4705. Lessors' rights or real actions not affected
CHAPTER 2. PROCEDURE
- Art. 4731. Rule to show cause why possession should not be delivered; abandonment of premises
- Art. 4732. Trial of rule; judgment of eviction
- Art. 4733. Warrant for possession if judgment of eviction not complied with
- Art. 4734. Execution of warrant
- Art. 4735. Appeal; bond
BOOK VIII
TRIAL COURTS OF LIMITED JURISDICTION
TITLE I
GENERAL DISPOSITIONS
CHAPTER 2. CIVIL JURISDICTION
- Art. 4841. Subject matter jurisdiction
- Art. 4842. Parish court jurisdiction; amount in dispute; injunctive actions by a political subdivision
- Art. 4843. City court jurisdiction; amount in dispute; injunctive actions by state or political subdivision
- Art. 4844. Amount in dispute; eviction proceedings
- Art. 4845. Amount in dispute; jurisdiction of incidental demands; parish, city, and justice of the peace courts; payment of costs of transfer
- Art. 4846. Limitations upon jurisdiction; nature of proceedings
- Art. 4847. Limitations upon jurisdiction
- Art. 4848. Contempt power
- Art. 4849. Jurisdiction over the person
- Art. 4850. Jurisdiction in rem or quasi in rem; executory proceedings
- Art. 4850.1. City Court of Alexandria; in rem and quasi in rem jurisdiction
- Art. 4850.2. First City Court and Second City Court of New Orleans; appellate jurisdiction
- Art. 4851. Venue
- Art. 4852. Change of venue; city court; forum non conveniens
- Art. 4853. Repealed by Acts 1986, No. 156, 3.
- Art. 4854. Repealed by Acts 1986, No. 156, 3.
SECTION 2. MUNICIPAL AND TRAFFIC COURTS
CHAPTER 3. RECUSAL OF JUDGES; APPOINTMENT
- Art. 4861. Recusal of judges
- Art. 4862. Motion to recuse
- Art. 4863. Determination of recusal; appointment of judge ad hoc
- Art. 4864. Appointment of judge ad hoc after recusal
- Art. 4865. Appointment of judge ad hoc in event of temporary inability of parish or city court judge to preside
- Art. 4866. Power and authority of judge ad hoc
CHAPTER 4. JURY TRIALS PROHIBITED; TRANSFER
- Art. 4871. Jury trial prohibited
- Art. 4872. Transfer to district court
- Art. 4873. Transfer to district court; procedure; contest; effect
- Art. 4874. Withdrawal of demand for jury trial after transfer
- Art. 4875. Entire suit transferred
TITLE II
PROCEDURE IN TRIAL COURTS OF LIMITED JURISDICTION
- Art. 4901. Pleadings in parish and city courts
- Art. 4902. Citation in parish and city courts
- Art. 4903. Delay for answering in parish and city courts
NOTE: Art. 4904 eff. until Jan. 1, 2022. See Acts 2021, No. 174.
- Art. 4904. Final default judgment in parish and city courts
- Art. 4905. Notice of judgment in parish or city courts
- Art. 4906. Form of judgment in parish or city courts
- Art. 4907. New trials; delay in parish or city courts
- Art. 4908. New trial; procedure in parish or city courts
CHAPTER 2. CIVIL JURISDICTION FOR
- Art. 4911. Jurisdiction in justice of the peace courts; concurrent with district court; amount in dispute
- Art. 4912. Possession or ownership of movable property; eviction proceedings; justice of the peace courts
- Art. 4913. Limitations upon jurisdiction; nature of proceedings; justice of the peace courts
- Art. 4914. Contempt power; justice of the peace courts
- Art. 4915. Jurisdiction over the person; justice of the peace courts
- Art. 4916. Venue; justice of the peace courts
- Art. 4917. Pleadings; justice of the peace courts; district courts with concurrent jurisdiction
- Art. 4918. Record of the case; subsequent entries; justice of the peace courts; district courts with concurrent jurisdiction
- Art. 4919. Citation; service of citation; justice of the peace courts; district courts with concurrent jurisdiction
- Art. 4920. Delay for answering; justice of the peace courts; district courts with concurrent jurisdiction
NOTE: Art. 4921 eff. until Jan. 1, 2022. See Acts 2021, No. 174.
- Art. 4921. Final default judgment; justice of the peace courts; district courts with concurrent jurisdiction
- Art. 4921.1. Demand for trial; abandonment; applicability
- Art. 4921.2. Duties of the justice of the peace; trial procedure; rules of evidence; depositions
- Art. 4922. Notice of judgment; justice of the peace courts; district courts with concurrent jurisdiction
- Art. 4923. Form of judgment; justice of the peace courts; district courts with concurrent jurisdiction
- Art. 4924. Appeals from justice of the peace courts; district courts with concurrent jurisdiction
- Art. 4925. Delay for appeal; justice of the peace courts; district courts with concurrent jurisdiction
CHAPTER 3. APPEALS FROM CITY AND PARISH COURTS
- Art. 5001. Appeals from city and parish courts
- Art. 5002. Delay for appeal
- Art. 5003. Procedure for appealing
- Art. 5004. Repealed by Acts 1986, No. 156, 3.
TITLE III. DISTRICT COURTS WHERE JURISDICTION
BOOK IX
MISCELLANEOUS PROVISIONS AND DEFINITIONS
TITLE I. MISCELLANEOUS PROVISIONS
- Art. 5051. Liberal construction of articles
- Art. 5052. Unambiguous language not to be disregarded
- Art. 5053. Words and phrases
- Art. 5054. Clerical and typographical errors disregarded
- Art. 5055. Number; gender
- Art. 5056. Conjunctive, disjunctive, or both
- Art. 5057. Headings, source notes, cross references
- Art. 5058. References to code articles or statutory sections
- Art. 5059. Computation of time
CHAPTER 2. ATTORNEY APPOINTED TO
- Art. 5091. Appointment; contradictory proceedings against attorney; improper designation immaterial
- Art. 5091.1. Appointment of attorney in disavowal actions
- Art. 5091.2. Curator ad hoc in adoption cases
- Art. 5092. Qualifications; suggestions for appointment not permitted
- Art. 5093. Oath not required; waiver of citation and acceptance of service
- Art. 5094. Duties; notice to nonresident or absentee
NOTE: Art. 5095 eff. until Jan. 1, 2022. See Acts 2021, No. 174.
- Art. 5095. Same; defense of action
- Art. 5096. Compensation
- Art. 5097. Attorney appointed to represent claimant in worker's compensation case
- Art. 5098. Validity of proceeding not affected by failure of attorney to perform duties; punishment of attorney
CHAPTER 3. BONDS IN JUDICIAL PROCEEDINGS
- Art. 5121. Bond payable to clerk; cash bonds by plaintiffs authorized; person in interest may sue
- Art. 5121.1. Bond secured by immovable property
- Art. 5122. Oath of surety and principal on bond
- Art. 5123. Testing sufficiency and validity of bond
- Art. 5124. Furnishing new or supplemental bond to correct defects of original
- Art. 5125. Insufficiency or invalidity of bond; effect on orders or judgments; appeal from order for supplemental bond
- Art. 5126. Insufficiency or invalidity of new or supplemental bond
- Art. 5127. Release bond
CHAPTER 4. DISCUSSION
- Art. 5151. Discussion defined
- Art. 5152. Surety's right to plead
- Art. 5153. Transferee in revocatory action; right to plead discussion
- Art. 5154. Third possessor's right to plead
- Art. 5155. Pleading discussion
- Art. 5156. Effect of discussion
CHAPTER 5. WAIVER OF COSTS FOR INDIGENT PARTY
- Art. 5181. Privilege of litigating without prior payment of costs
- Art. 5182. Restrictions on privilege
- Art. 5183. Affidavits of poverty; documentation; order
- Art. 5184. Traverse of affidavits of poverty
- Art. 5185. Rights of party permitted to litigate without payment of costs
- Art. 5186. Account and payment of costs
- Art. 5187. Compromise; dismissal of proceedings prior to judgment
- Art. 5188. Unsuccessful party condemned to pay costs
TITLE II
DEFINITIONS
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