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2022 Louisiana Laws
Code of Civil Procedure
LOUISIANA CODE OF CIVIL PROCEDURE
BOOK I
COURTS, ACTIONS, AND PARTIES
TITLE I
COURTS
CHAPTER 1. JURISDICTION
- 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 Repealed by Acts 1997, No. 578, 5.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
SECTION 1. GENERAL DISPOSITIONS
- 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 Repealed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
SECTION 1. GENERAL DISPOSITIONS
- 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.
- Art. 196.1. Power of courts to act during emergencies
- Art. 196.2. Power of Supreme Court to extend deadlines during emergencies
- Art. 197. Testimony of inmates
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
SECTION 1. GENERAL DISPOSITIONS
- 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
- 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
CHAPTER 1. GENERAL DISPOSITIONS
- 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
SECTION 1. CLASS 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
CHAPTER 1. JOINDER
- 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
SECTION 1. IN TRIAL COURTS
- 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.
PLEADING
CHAPTER 1. GENERAL DISPOSITIONS
- 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
- Art. 1001. Delay for answering
- 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
SECTION 1. GENERAL DISPOSITIONS
- 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
CHAPTER 1. CITATION
- 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
QUASI LEGAL ENTITIES
- 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
CHAPTER 1. SUBPOENAS
- 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
SECTION 1. GENERAL PROVISIONS GOVERNING 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; exceptions; nonresident insurance claims adjusters
- 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
PRE-TRIAL PROCEDURE
TITLE V
TRIAL
CHAPTER 1. CONSOLIDATION OF CASES AND SEPARATE
TRIALS OF ISSUES OF LIABILITY AND DAMAGES
- 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
- Art. 1701. Repealed by Acts 2021, No. 174, eff. Jan. 1, 2022.
- Art. 1702. Default judgment
- Art. 1702.1. Default judgment without hearing in open court; required information; certifications
- Art. 1703. Scope of judgment
- Art. 1704. Default judgment in suits against the state or a political subdivision
CHAPTER 7. JURY TRIAL
SECTION 1. RIGHT TO TRIAL BY JURY
- 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
EXAMINING JURORS
- 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
JUDGMENTS
CHAPTER 1. GENERAL DISPOSITIONS
- Art. 1841. Judgments, interlocutory and final
- Art. 1842. Repealed by Acts 1990, No. 521, 3, eff. Jan. 1, 1991.
- Art. 1843. Default judgment
- Art. 1844. Judgment of dismissal; effect
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 1. AMENDMENT
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
CHAPTER 1. GENERAL DISPOSITIONS
- 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
CHAPTER 1. WRIT OF FIERI FACIAS
- 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. 2336.1. Determination of superior encumbrances or privileges
- 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
WRIT OF FIERI FACIAS
- 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.
FOREIGN JUDGMENTS
- 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
CHAPTER 1. GENERAL DISPOSITIONS
- 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
SPOUSE, SUCCESSION, OR HEIR
- 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
POSSESSION OF THIRD PERSON
- 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
LOUISIANA COURTS EXECUTORY
SECTION 1. IN GENERAL
- 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
ORDERS FOR MODIFICATION AND ENFORCEMENT
SUBSECTION A. GENERAL PROVISIONS
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
CHAPTER 1. JURISDICTION
- 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
SECTION 1. PROCEDURE PRELIMINARY TO PROBATE
- 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
INHERITANCE TAXES
- 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
CHAPTER 1. INTESTATE SUCCESSIONS
- 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
CHAPTER 1. QUALIFICATION OF SUCCESSION
REPRESENTATIVES
SECTION 1. EXECUTORS
- 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
SUCCESSION REPRESENTATIVE
- 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
OF SUCCESSION REPRESENTATIVE
- Art. 3181. Revocation of appointment or confirmation; extension of time to qualify
- Art. 3182. Removal
CHAPTER 4. GENERAL FUNCTIONS, POWERS, AND DUTIES OF
SUCCESSION REPRESENTATIVE
SECTION 1. GENERAL DISPOSITIONS
- 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
OF SUCCESSION PROPERTY
- 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
AGAINST SUCCESSIONS
- 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
SECTION 1. GENERAL DISPOSITIONS
- 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
SUCCESSION REPRESENTATIVE
- 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
INTO POSSESSION
SECTION 1. INTESTATE SUCCESSION
- 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
ANCILLARY PROBATE PROCEDURE
- 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
CHAPTER 1. GENERAL DISPOSITIONS
- 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
TITLE VI
PARTITION OF SUCCESSIONS
BOOK VII
SPECIAL PROCEEDINGS
TITLE I PROVISIONAL REMEDIES
CHAPTER 1. ATTACHMENT AND SEQUESTRATION
SECTION 1. GENERAL DISPOSITIONS
- 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
CHAPTER 1. ACTIONS TO DETERMINE
OWNERSHIP OR POSSESSION
- 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
SECTION 1. GENERAL DISPOSITIONS
- 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
CHAPTER 1. GENERAL DISPOSITIONS
- 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.
DIVORCE AND ANNULMENT OF MARRIAGE
CHAPTER 1. DIVORCE AND ANNULMENT
- 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
TITLE VI
TUTORSHIP
CHAPTER 1. COURT WHERE PROCEEDINGS ARE BROUGHT
- 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
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
APPOINTMENT, RESIGNATION, AND REMOVAL
- 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
DUTIES OF TUTOR
- 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
SECTION 1. GENERAL DISPOSITIONS
- 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
DURING MARRIAGE OF PARENTS
TITLE VII-A. ADMINISTRATION OF COURT JUDGMENT IN FAVOR OF MINOR
TITLE VIII. INTERDICTION AND CURATORSHIP OF INTERDICTS
CHAPTER 1. IN GENERAL
- 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
PARTITION BETWEEN CO-OWNERS
CHAPTER 1. GENERAL DISPOSITIONS
- 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
MINOR OR INTERDICT
- 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
EVICTION OF TENANTS AND OCCUPANTS
CHAPTER 1. GENERAL DISPOSITIONS
- 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; federally declared disasters
- 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
- Art. 4736. Prohibition of eviction from tax sale property
BOOK VIII
TRIAL COURTS OF LIMITED JURISDICTION
TITLE I
GENERAL DISPOSITIONS
CHAPTER 1. APPLICABILITY: COURTS OF
LIMITED JURISDICTION
CHAPTER 2. CIVIL JURISDICTION
SECTION 1. PARISH COURTS AND CITY COURTS
- 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
OF JUDGES AD HOC
- 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
TO DISTRICT COURT
- 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
CHAPTER 1. PARISH AND CITY COURTS
- 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
- Art. 4904. 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
JUSTICE OF THE PEACE COURTS
- 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
- Art. 4921. 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
CONCURRENT WITH JUSTICE OF THE PEACE COURTS
BOOK IX
MISCELLANEOUS PROVISIONS AND DEFINITIONS
TITLE I. MISCELLANEOUS PROVISIONS
CHAPTER 1. RULES OF CONSTRUCTION
- 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
REPRESENT UNREPRESENTED DEFENDANTS
- 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
- 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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