reglab/housing_qa huggingface dataset:
LA Code Civ Pro art. 3946 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3946. Execution of support and claims for contributions awards in arrears

A. When a payment of support under a judgment is in arrears, the party entitled thereto may proceed by contradictory motion to have the amount of past due support determined and made executory. On the trial of the contradictory motion, the court shall render judgment for the amount of past due support. B. The same rules and procedures apply when an installment payment of an award for contributions made to a spouse's education or training is in arrears. Acts 1995, No. 1204, §1.
LA Code Civ Pro art. 3947 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3947. Name confirmation

  A. Marriage does not change the name of either spouse. However, a married person may use the surname of either or both spouses as a surname.  B. The court may enter an order confirming the name of a spouse in a divorce proceeding, whether the person is the plaintiff or defendant, which confirmation shall be limited to the name that the person was using at the time of the marriage, or the name of the person's minor children, or the person's surname on the birth certificate, without complying with the provisions of R.S. 13:4751 through 4755. This Article shall not be construed to allow an amendment to a birth certificate with the Bureau of Vital Statistics.  Acts 1987, No. 836, §1; Acts 2021, No. 259, §2.
LA Code Civ Pro art. 3951 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3951. Petition for divorce

A petition for divorce under Civil Code Article 102 shall contain allegations of jurisdiction and venue and shall be verified by the affidavit of the petitioner. Acts 1990, No. 1009, §5, eff. Jan. 1, 1991.
LA Code Civ Pro art. 3952 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3952. Rule to show cause and affidavit

  The rule to show cause provided in Civil Code Article 102 shall allege proper service of the initial petition for divorce, that the requisite period of time, in accordance with Civil Code Article 103.1, or more has elapsed since that service, and that the spouses have lived separate and apart continuously for the requisite period of time, in accordance with Civil Code Article 103.1. The rule to show cause shall be verified by the affidavit of the mover and shall be served on the defendant, the defendant's attorney of record, or the duly appointed attorney for the defendant prior to the granting of the divorce, unless service is waived by the defendant.  Acts 1990, No. 1009, §5, eff. Jan. 1, 1991; Acts 1995, No. 386, §2; Acts 2006, No. 743, §2, eff. Jan. 1, 2007; Acts 2018, No. 195, §1.
LA Code Civ Pro art. 3953 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3953. Nullity of judgment

A judgment rendered in accordance with Civil Code Article 102 shall be an absolute nullity when: (1) Less than the requisite period of time, in accordance with Article 103.1, has elapsed between service of the petition, or between execution of written waiver of service of the petition, and filing of the rule to show cause. (2) Less than the requisite period of time, in accordance with Article 103.1, has elapsed between the date the parties commenced living separate and apart and filing of the rule to show cause. (3) The requirements of this Title with respect to jurisdiction and venue have not been met. Acts 1990, No. 1009, §5, eff. Jan. 1, 1991; Acts 1991, No. 367, §2; Acts 1995, No. 386, §2; Acts 2006, No. 743, §2, eff. Jan. 1, 2007.
LA Code Civ Pro art. 3954 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3954. Abandonment of action

A. A divorce action instituted under Civil Code Article 102 is abandoned if the rule to show cause provided by that Article is not filed within two years of the service of the original petition or execution of written waiver of service of the original petition. B. This provision shall be operative without formal order, but on ex parte motion of any party or other interested person, the trial court shall enter a formal order of dismissal as of the date of abandonment. Acts 1990, No. 1009, §5, eff. Jan. 1, 1991; Acts 1991, No. 367, §2.
LA Code Civ Pro art. 3955 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3955. Service of petition

  A. When a petition for divorce is filed in accordance with Civil Code Article 102, service of the petition shall be requested on the defendant within ninety days of the filing of the petition.  B. If the defendant is an absentee, the request for appointment of an attorney to represent the absentee defendant within ninety days of commencement of the action constitutes compliance with the requirements of Paragraph A of this Article.  C. The defendant may expressly waive the requirements of Paragraph A of this Article by any written waiver. The requirement provided by Paragraph A of this Article shall be expressly waived by a defendant unless the defendant files, in accordance with the provisions of Article 928, a declinatory exception of insufficiency of service of process specifically alleging the failure to timely request service of the petition, in which case, after due proceedings, the action shall be dismissed.  D. If not waived, a request for service of citation upon the defendant shall be considered timely if requested on the defendant within the time period provided by this Article, notwithstanding insufficient or erroneous service.  Acts 2010, No. 407, §1; Acts 2014, No. 379, §2, eff. May 30, 2014; Acts 2017, No. 419, §1.
LA Code Civ Pro art. 3956 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3956. Evidence of facts in divorce action

The facts entitling a moving party to a divorce in accordance with Civil Code Article 102 may be established by: (1) The petition for divorce. (2)(a) The sheriff's return of service of the petition. (b) The sheriff's return of service of the petition showing personal service on the defendant if the parties were living together at the time of the filing of the petition. (c) The return receipt when service is effectuated pursuant to R.S. 13:3204. (d) Waiver of the service of petition. (3) The rule to show cause and the affidavit required by Code of Civil Procedure Article 3952. (4) The sheriff's return of service of the rule, or by a waiver of that service. (5) The affidavit of the mover, executed after the filing of the rule, that the parties have lived separate and apart continuously for at least the requisite period of time, in accordance with Civil Code Article 103.1, prior to the filing of the rule to show cause and are still living separate and apart and that the mover desires to be divorced. Acts 1990, No. 1009, §5, eff. Jan. 1, 1991; Acts 1991, No. 367, §2; Acts 1995, No. 386, §2; Acts 1999, No. 95, §1; Acts 2006, No. 743, §2, eff. Jan. 1, 2007.
LA Code Civ Pro art. 3957 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3957. Waiver of service of petition and rule to show cause and accompanying notices

A. A party in a divorce action under Civil Code Article 102 may expressly waive service of the petition and accompanying notice by any written waiver executed after the filing of the petition and made part of the record. B. If there is such a waiver, the periods specified by Civil Code Article 102 and Code of Civil Procedure Articles 3953 and 3954 shall run from the date of execution of the waiver. C. A party in a divorce action under Civil Code Article 102 may expressly waive service of the rule to show cause why a divorce should not be granted and accompanying notice by any written waiver executed after the filing of the rule to show cause and made part of the record. Acts 1991, No. 367, §2.
LA Code Civ Pro art. 3958 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3958. Voluntary dismissal

A judgment dismissing a petition for divorce under Civil Code Article 102 shall be rendered upon joint application of the parties and upon payment of all costs, or upon contradictory motion of the plaintiff. A judgment of dismissal rendered under this Article shall be without prejudice to any separation of property decree rendered under Civil Code Articles 2374 and 2375. Acts 1993, No. 628, §1.
LA Code Civ Pro art. 3991 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3991. Petition for judicial emancipation

A. A minor age sixteen or older may petition for emancipation individually without the participation of his tutor or administrator. The petition of the minor shall name as parties defendant and shall be served personally on the parents of the minor, if parental authority exists, or his tutor if parental authority does not exist. B. The parents of a minor age sixteen or older, if parental authority exists, or the tutor of the minor, if parental authority does not exist, may petition for the emancipation of the minor. A petition filed by the parents or tutor of a minor shall name the minor as defendant and shall be served personally on the minor and on an attorney appointed by the court, who shall represent the minor. C. A joint petition for judicial emancipation may be filed by a minor age sixteen or older and the parents of the minor, if parental authority exists, or the tutor of the minor, if parental authority does not exist. A joint petition need not be served on any party. Acts 2008, No. 786, §2, eff. Jan. 1, 2009.
LA Code Civ Pro art. 3992 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3992. Petition requirements

The petition shall be verified by all petitioners and shall set forth the following with particularity: (1) The name, domicile, age, and, if known, the current address of the minor. (2) The names and current addresses of the parents and any tutors of the minor, if known. (3) The reasons why good cause exists for emancipation. (4) If limited judicial emancipation is requested, the effects of majority sought to be conferred upon the minor. (5) A descriptive list of the property of the minor, including the location of such property, if known. Acts 2008, No. 786, §2, eff. Jan. 1, 2009.
LA Code Civ Pro art. 3993 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3993. Venue for judicial emancipation

Venue for a judicial emancipation proceeding is the parish where a party is domiciled. Amended by Acts 1972, No. 347, §2; Acts 2008, No. 786, §2, eff. Jan. 1, 2009.
LA Code Civ Pro art. 3994 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3994. Emancipation hearing

A. An emancipation hearing shall be a summary proceeding. B. Except for good cause shown, the minor shall be present at the hearing and may be called as a witness by the court. C. With the consent of all parties and the court, judicial emancipation may be granted without a hearing upon a joint petition for emancipation. Acts 2008, No. 786, §2, eff. Jan. 1, 2009.
LA Code Civ Pro art. 3995 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3995. Judgment of limited emancipation

A judgment of limited emancipation shall specify the effects of majority conferred and shall state that the minor retains all other effects of minority. Acts 2008, No. 786, §2, eff. Jan. 1, 2009.
LA Code Civ Pro art. 3996 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3996. Appeal

A judgment granting, modifying, or terminating emancipation is not suspended during the pendency of an appeal. The validity of an act of the minor shall not be affected by the subsequent modification or termination of the judgment. Acts 2008, No. 786, §2, eff. Jan. 1, 2009.
LA Code Civ Pro art. 3997 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3997. Modification or termination of emancipation

 On motion of the court or any person, the court for good cause shown may modify or terminate its judgment of emancipation or an act of limited emancipation by authentic act. Acts 2008, No. 786, §2, eff. Jan. 1, 2009.
LA Code Civ Pro art. 3998 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3998. Recordation

A. The clerk of court shall record every judgment granting, modifying, or terminating emancipation in the conveyance records of the parish in which the judgment was rendered. B. Within fifteen days of the signing of a judgment granting, modifying, or terminating emancipation, the petitioner shall cause it to be recorded in the conveyance records of every other parish in which the minor owns immovable property. Acts 2008, No. 786, §2, eff. Jan. 1, 2009.
LA Code Civ Pro art. 4061 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4061. Natural tutor; general obligations

Before a natural tutor enters upon the performance of his official duties, he must take an oath to discharge faithfully the duties of his office, cause an inventory to be taken or a detailed descriptive list to be prepared, and cause a legal mortgage in favor of the minor to be inscribed, or furnish security, in the manner provided by law. Acts. 1983, No. 344, §1.
LA Code Civ Pro art. 4061.1 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4061.1. Natural tutor; action for damages on behalf of child

A. Notwithstanding Article 4061, the natural tutor of a minor child may file an action for damages based on a delictual obligation without the necessity of qualifying as tutor pursuant to Article 4061 and without the necessity of filing a petition pursuant to Article 4031, if the natural tutor is any of the following: (1) The surviving parent of the minor child. (2) The parent under whose sole care the minor child has been placed when the parents are divorced or judicially separated from bed and board. (3) The mother of her child born outside of marriage not acknowledged by the father, or acknowledged by him alone without her concurrence. B. The petitioner in an action for damages based on a delictual obligation shall allege in the petition that he qualifies under Paragraph A of this Article to act of right as tutor, and the petitioner shall set forth the facts, including the relationship to the minor child, entitling the petitioner to act as tutor. C. This Article shall not apply to parents who share joint custody of the minor child or to parents who have both acknowledged their child born outside of marriage pursuant to the Civil Code. Acts 2003, No. 155, §1; Acts 2004, No. 26, §2.
LA Code Civ Pro art. 4062 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4062. Tutorship by will

The court shall appoint as tutor the person nominated as such in a testament or an authentic act, upon his furnishing security and taking an oath, as provided in Articles 4131 and 4171, unless he is disqualified or unless for some other reason the court determines that the appointment would not be for the best interest of the minor.
LA Code Civ Pro art. 4063 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4063. Legal tutor

The court shall appoint a legal tutor under the circumstances and according to the rules for priority provided by law, and in the manner provided in Articles 4065 through 4068.
LA Code Civ Pro art. 4064 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4064. Dative tutor

The court shall appoint a dative tutor under the circumstances provided by law and in the manner provided in Articles 4065 through 4068.
LA Code Civ Pro art. 4065 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4065. Legal or dative tutor; petition for appointment; publication of notice

When a petition for appointment as legal or dative tutor is filed, the applicant shall annex an affidavit listing to the best of his knowledge the minor's ascendants and collaterals by blood within the third degree and the surviving spouse of the minor's mother or father dying last who reside in the state. A copy of the petition for appointment shall be mailed by registered or certified mail to each person listed in the affidavit. Notice of the application shall be published once in the parish where the petition was filed, in the manner provided by law. Amended by Acts 1976, No. 429, §3.
LA Code Civ Pro art. 4066 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4066. Opposition to application of legal or dative tutor

An opposition to an application for appointment as legal or dative tutor may be filed at any time prior to the appointment, as provided in Article 4067. The opposition shall comply with Article 2972 and shall allege the grounds upon which it is claimed that the applicant is disqualified or that it would be in the best interest of the minor for the opponent to be appointed tutor instead of the applicant. Amended by Acts 1976, No. 429, §3.
LA Code Civ Pro art. 4067 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4067. Appointment of legal or dative tutor

At any time after the expiration of ten days from date of publication or date of mailing of the notice as provided in Article 4065, whichever period is longer, if no opposition has been filed, the court shall appoint the applicant, unless he is disqualified under Article 4231. If an opposition has been filed, it shall be tried in a summary manner. Amended by Acts 1976, No. 429, §3.
LA Code Civ Pro art. 4068 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4068. Appeal from judgment confirming, appointing, or removing tutor or undertutor; effect

An appeal from a judgment confirming, appointing, or removing a tutor or an undertutor can only be taken within thirty days from the applicable date provided in Article 2087(A). Such judgment shall not be suspended during the pendency of an appeal. The acts of a tutor or of an undertutor shall not be invalidated by the annulment of his appointment on appeal.
LA Code Civ Pro art. 4069 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4069. Separate tutor of property

A. In exceptional cases and for good cause shown, the court may appoint a bank or another person as administrator or tutor of the property of the minor. This appointment may be made upon the court's own motion or upon the motion of the tutor or other person entitled to the tutorship if no tutor has been previously appointed, or upon motion of any interested person after a contradictory hearing with the tutor, administrator, or person entitled to the tutorship or the administration. B. If a person is appointed as tutor or administrator of the minor's property, pursuant to this Article or Civil Code Article 258, that person shall furnish security as provided in Article 4131. Acts 1992, No. 680, §2.
LA Code Civ Pro art. 4070 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4070. Provisional tutor

On the application of an interested person or on its own motion, pending the appointment of a tutor, the court may appoint a qualified person as provisional tutor of a minor, if such appointment is necessary for the welfare of the minor or for the preservation of his property.
LA Code Civ Pro art. 4071 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4071. Security, oath, and tenure of provisional tutor

A provisional tutor shall take an oath to discharge faithfully the duties of his office and shall furnish security as provided in Article 4132 for the faithful performance of his duties, in an amount determined by the court as adequate for the protection of the minor. A provisional tutor shall continue in office until his appointment is terminated by the court or until a tutor has been qualified.
LA Code Civ Pro art. 4072 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4072. Inventory or detailed descriptive list on appointment of provisional tutor

When the court appoints a provisional tutor, it shall order the taking of an inventory or the preparation of a detailed descriptive list of the minor's property as provided in Articles 4101 and 4102. Acts 1983, No. 344, §1.
LA Code Civ Pro art. 4073 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4073. Functions, duties, and authority of provisional tutor

The functions of a provisional tutor are limited to the care of the person of the minor and the preservation of his rights and property. In the performance of his functions, a provisional tutor has the same authority, and is subject to the same duties and obligations, as a tutor. Under specific authority of the court which appointed him, a provisional tutor may:  (1) Institute and prosecute an action to enforce judicially a right of the minor; and  (2) Operate a business belonging to the minor. A provisional tutor shall file an account upon the termination of his authority.
LA Code Civ Pro art. 4101 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4101. Inventory and appraisement or descriptive list

A. When any person applies to be appointed as tutor, the court shall order either the taking of an inventory and an appraisal of the minor's property or the preparation of a detailed descriptive list of his property in accordance with Article 4462. B. If an inventory is ordered, it shall be begun not later than ten days after the order is signed. The court shall appoint a notary of each parish in which property of the minor has a situs to take the inventory of such property in that parish. Acts 1983, No. 344, §1.
LA Code Civ Pro art. 4102 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4102. Procedure for inventory; proces verbal; return

In so far as applicable, Articles 3131 through 3134 shall govern the procedure for the taking of the inventory, proces verbal, and the return and effect of the proces verbal.
LA Code Civ Pro art. 4131 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4131. Amount

A. The person appointed tutor, except the natural tutor, shall furnish security for the faithful performance of his duties in an amount equal to the total value of the minor's movable property as shown by the inventory or detailed descriptive list, plus such additional sum as the court may consider sufficient to cover any loss or damage which may be caused by the bad administration of the tutor. B. Upon proper showing that the security required is substantially in excess of that needed for the protection of the minor, the court may fix the security at any amount which it considers sufficient for the protection of the minor. C. The court may order the security to be increased or diminished at any time as the movable property may increase or diminish in value, or for other circumstances which the court may consider proper. D. When the only asset of the minor is a contested claim for damages, the court may postpone the furnishing of security until the claim is recovered, at which time the tutor shall provide security as required by this Article. Acts 1983, No. 344, §1; Acts 1985, No. 146, §1.