reglab/housing_qa huggingface dataset:
LA Code Civ Pro art. 1672 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1672. Involuntary dismissal

A.(1) A judgment dismissing an action shall be rendered upon application of any party, when the plaintiff fails to appear on the day set for trial. In such case, the court shall determine whether the judgment of dismissal shall be with or without prejudice. (2) The court, on its own motion, may dismiss an action without prejudice when all the parties thereto fail to appear on the day set for trial; however, when a case has been dismissed pursuant to this provision and it is claimed that there is a pending settlement, either party may reinstate the suit within sixty days of receipt of the notice of dismissal, and any cause of action which had not prescribed when the case was originally filed shall be fully reinstated as though the case had never been dismissed. B. In an action tried by the court without a jury, after the plaintiff has completed the presentation of his evidence, any party, without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal of the action as to him on the ground that upon the facts and law, the plaintiff has shown no right to relief. The court may then determine the facts and render judgment against the plaintiff and in favor of the moving party or may decline to render any judgment until the close of all the evidence. C. A judgment dismissing an action without prejudice shall be rendered as to a person named as a defendant for whom service has not been requested within the time prescribed by Article 1201(C) or 3955 upon the sustaining of a declinatory exception filed by such defendant, or upon contradictory motion of any other party, unless good cause is shown why service could not be requested, in which case the court may order that service be effected within a specified time. Acts 1983, No. 534, §9; Acts 1997, No. 518, §2, eff. Jan. 1, 1998; Acts 1997, No. 1058, §1; Acts 2006, No. 750, §1; Acts 2010, No. 407, §1.
LA Code Civ Pro art. 1673 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1673. Effect of dismissal with or without prejudice

A judgment of dismissal with prejudice shall have the effect of a final judgment of absolute dismissal after trial. A judgment of dismissal without prejudice shall not constitute a bar to another suit on the same cause of action.
LA Code Civ Pro art. 1701 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1701. Preliminary default

  A. If a defendant in the principal or incidental demand fails to answer or file other pleadings within the time prescribed by law or by the court, a preliminary default may be entered against him. The preliminary default may be obtained by oral motion in open court or by written motion mailed to the court, either of which shall be entered in the minutes of the court, but the preliminary default shall consist merely of an entry in the minutes.  B. When a defendant in an action for divorce under Civil Code Article 103(1), by sworn affidavit, acknowledges receipt of a certified copy of the petition and waives formal citation, service of process, all legal delays, notice of trial, and appearance at trial, a preliminary default may be entered against the defendant the day on which the affidavit is filed. The affidavit of the defendant may be prepared or notarized by any notary public. The preliminary default may be obtained by oral motion in open court or by written motion mailed to the court, either of which shall be entered in the minutes of the court, but the preliminary default shall consist merely of an entry in the minutes. Notice of the entry of the preliminary default is not required. NOTE: Art. 1701 as repealed by Acts 2021, No. 174, eff. Jan. 1, 2022. Art. 1701. Repealed by Acts 2021, No. 174, eff. Jan. 1, 2022.  Amended by Acts 1968, No. 126, §1; Acts 1982, No. 587, §1; Acts 1985, No. 481, §1, eff. July 12, 1985; Acts 1987, No. 181, §1; Acts 1990, No. 1009, §4, eff. Jan. 1, 1991; Acts 2001, No. 512, §1; Acts 2017, No. 419, §1; Acts 2021, No. 174, §6, eff. Jan. 1, 2022.
LA Code Civ Pro art. 1702.1 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1702.1. Confirmation of preliminary default without hearing in open court; required information; certifications

  A. When the plaintiff seeks to confirm a preliminary default without appearing for a hearing in open court as provided in Article 1702(B)(1) and (C), along with any proof required by law, he or his attorney shall include in an itemized form with a written motion for confirmation of preliminary default and proposed final default judgment a certification that the suit is on an open account, promissory note, or other negotiable instrument, on a conventional obligation, or on a check dishonored for nonsufficient funds, and that the necessary invoices and affidavit, note and affidavit, or check or certified reproduction thereof are attached. If attorney fees are sought under R.S. 9:2781 or 2782, the attorney shall certify that fact and the fact that the number of days required by R.S. 9:2781(A) or 2782(A), respectively, have elapsed since demand was made upon the defendant.  B. The certification shall indicate the type of service made on the defendant, the date of service, and the date a preliminary default was entered, and shall also include a certification by the clerk that the record was examined by the clerk, including therein the date of the examination and a statement that no answer or other pleading has been filed within the time prescribed by law or by the court. NOTE: Art. 1702.1 as amended by Acts 2021, No. 174, eff. Jan. 1, 2022. Art. 1702.1. Default judgment without hearing in open court; required information; certifications  A. When the plaintiff seeks a default judgment without appearing for a hearing in open court as provided in Article 1702(B)(1) and (C), the plaintiff shall file a written request for default judgment containing a certification that the suit is on an open account, promissory note, or other negotiable instrument, on a conventional obligation, or on a check dishonored for nonsufficient funds, and that the necessary invoices and affidavit, note and affidavit, or check or certified reproduction thereof are attached, along with any proof required by law and a proposed default judgment. If attorney fees are sought under R.S. 9:2781 or 2782, the attorney shall certify that fact and the fact that the number of days required by R.S. 9:2781(A) or 2782(A), respectively, have elapsed since demand was made upon the defendant.  B. The certification shall indicate the type of service made on the defendant and the date of service and shall also include a certification by the clerk that the record was examined by the clerk, including therein the date of the examination and a statement that no answer or other pleading has been filed within the time prescribed by law or by the court.  Added by Acts 1984, No. 507, §1. Acts 1987, No. 182, §1; Acts 1992, No. 292, §1; Acts 2001, No. 1075, §2; Acts 2017, No. 419, §1; Acts 2021, No. 174, §1, eff. Jan. 1, 2022.
LA Code Civ Pro art. 1703 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1703. Scope of judgment

  A final default judgment shall not be different in kind from that demanded in the petition. The amount of damages awarded shall be the amount proven to be properly due as a remedy. NOTE: Art. 1703 as amended by Acts 2021, No. 174, eff. Jan. 1, 2022. Art. 1703. Scope of judgment  A default judgment shall not be different in kind from that demanded in the petition. The amount of damages awarded shall be the amount proven to be properly due as a remedy.  Amended by Acts 1988, No. 443, §2, eff. Jan. 1, 1989; Acts 2017, No. 419, §1; Acts 2021, No. 174, §1, eff. Jan. 1, 2022. NOTE: See Acts 1988, No. 443, §3.
LA Code Civ Pro art. 1731 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1731. Issues triable by jury

A. Except as limited by Article 1732, the right of trial by jury is recognized. B. Except as otherwise provided, the nature and amount of the principal demand shall determine whether any issue in the principal or incidental demand is triable by jury. C. If the compulsory reconventional demand is triable by a jury, but the principal demand is not, the compulsory reconventional demand may be tried by a jury. Acts 1983, No. 534, §1; Acts 1995, No. 661, §1.
LA Code Civ Pro art. 1732 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1732. Limitation upon jury trials

  A trial by jury shall not be available in:  (1) A suit where the amount of no individual petitioner's cause of action exceeds ten thousand dollars exclusive of interest and costs, except as follows:  (a) If an individual petitioner stipulates or otherwise judicially admits sixty days or more prior to trial that the amount of the individual petitioner's cause of action does not exceed ten thousand dollars exclusive of interest and costs, a defendant shall not be entitled to a trial by jury.  (b) If an individual petitioner stipulates or otherwise judicially admits for the first time less than sixty days prior to trial that the amount of the individual petitioner's cause of action does not exceed ten thousand dollars exclusive of interest and costs, any other party may retain the right to a trial by jury if that party is entitled to a trial by jury pursuant to this Article and has otherwise complied with the procedural requirements for obtaining a trial by jury.  (c) Notwithstanding Subsubparagraphs (a) and (b) of this Subparagraph, if, as a result of a compromise or dismissal of one or more claims or parties which occurs less than sixty days prior to trial, an individual petitioner stipulates or otherwise judicially admits that the amount of the individual petitioner's cause of action does not exceed ten thousand dollars exclusive of interest and costs, a defendant shall not be entitled to a trial by jury.  (2)(a) A suit commenced in a parish or city court, wherein the individual petitioner stipulates or otherwise judicially admits that the amount of the individual petitioner's cause of action does not exceed the amount in dispute to which the jurisdiction of the court is limited by Articles 4842 and 4843, exclusive of interest, penalties, attorney fees, and costs.  (b) The provisions of this Subparagraph shall not apply to delictual or quasi-delictual actions, which shall be governed by the provisions of Subparagraph (1) of this Article.  (3) A suit on an unconditional obligation to pay a specific sum of money, unless the defense thereto is forgery, fraud, error, want, or failure of consideration.  (4) A summary, executory, probate, partition, mandamus, habeas corpus, quo warranto, injunction, concursus, workers' compensation, emancipation, tutorship, interdiction, curatorship, filiation, annulment of marriage, or divorce proceeding.  (5) A proceeding to determine custody, visitation, alimony, or child support.  (6) A proceeding to review an action by an administrative or municipal body.  (7) All cases where a jury trial is specifically denied by law.  Acts 1983, No. 534, §1. Amended by Acts 1984, No. 301, §1; Acts 1987, No. 766, §1; Acts 1988, No. 147, §1; Acts 1989, No. 107, §1; Acts 1990, No. 361, §1, eff. Jan. 1, 1991; Acts 1993, No. 661, §1; Acts 1999, No. 1363, §1; Acts 2004, No. 26, §2; Acts 2013, No. 391, §1; Acts 2020, 1st Ex. Sess., No. 37, §2, eff. Jan. 1, 2021.
LA Code Civ Pro art. 1733 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1733. Demand for jury trial; bond for costs

  A.(1) Except as provided in Subparagraph (2) of this Paragraph, a party may obtain a trial by jury by filing a pleading demanding a trial by jury and a bond in the amount and within the time set by the court pursuant to Article 1734.  (2)(a) In a suit for damages arising from a delictual or quasi-delictual action where an individual petitioner stipulates or otherwise judicially admits that his cause of action exceeds ten thousand dollars and is less than fifty thousand dollars, a party may obtain a trial by jury by filing a pleading demanding a trial by jury and providing a cash deposit of five thousand dollars no later than sixty days after filing the request for a trial by jury. Failure to post the cash deposit as required by this Subparagraph shall constitute a waiver of the trial by jury. This cash deposit shall be subject to Article 1734.1(E).  (b) When the case is set for trial, the court may additionally provide for a supplemental bond or cash deposit in accordance with Article 1734 or 1734.1.  B. A motion to withdraw a demand for a trial by jury shall be in writing.  C. The pleading demanding a trial by jury shall be filed not later than ten days after either the service of the last pleading directed to any issue triable by a jury, or the granting of a motion to withdraw a demand for a trial by jury.  Acts 1983, No. 534, §1; Acts 2020, 1st Ex. Sess., No. 37, §2, eff. Jan. 1, 2021.
LA Code Civ Pro art. 1734 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1734. Fixing the bond; calling the jury venire

  A. Except as otherwise provided by R.S. 13:3105 et seq., when the case has been set for trial, the court shall fix the amount of the bond to cover all costs estimated by the court related to the trial by jury and shall fix the time for filing the bond, which shall be no later than sixty days prior to trial. Notice of the fixing of the bond shall be served on all parties. If the bond is not filed timely, any other party shall have an additional ten days to file the bond.  B. When the bond has been filed, the clerk of court shall order the jury commission to draw a sufficient number of jurors to try and determine the cause, such drawing to be made in accordance with R.S. 13:3044.  Acts 1987, No. 148, §1; Acts 1995, No. 148, §1; Acts 2005, No. 28, §1; Acts 2021, No. 382, §1.
LA Code Civ Pro art. 1734.1 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1734.1. Cash deposit; procedure

  A. When the case has been set for trial, the court may order, in lieu of the bond required in Article 1734, a deposit for costs, which shall be a specific amount estimated by the court, and the court shall fix the time for making the deposit, which shall be no later than thirty days prior to trial. The deposit shall include sufficient funds for payment of all costs associated with a jury trial, including juror fees and expenses and charges of the jury commission, clerk of court, and sheriff. The required deposit shall not exceed five thousand dollars for the first day, and one thousand dollars per day for each additional day the court estimates the trial will last. Notice of the fixing of the deposit shall be served on all parties. If the deposit is not timely made, any other party shall have an additional ten days to make the required deposit. Failure to post the deposit shall constitute a waiver of a trial by jury. However, no deposit shall be required of an applicant for a jury trial under the provisions of this Article if waived or an order is rendered, pursuant to Chapter 5 of Title I of Book IX of this Code, permitting the applicant to litigate or continue to litigate without payment of costs in advance or furnishing security therefor.  B. When the deposit has been filed, the clerk of court shall order the jury commission to draw a sufficient number of jurors to try and determine the cause, such drawing to be made in accordance with R.S. 13:3044.  C. The clerk of court may disburse funds from the cash deposit for payment of all or a part of the jury costs as such costs accrue. The clerk shall keep a record of funds disbursed from the deposit.  D. The court may require an additional deposit to be filed during the trial if the original amount of the deposit is insufficient to pay jury costs.  E. The funds disbursed from the cash deposit for payment of jury costs shall be assessed as costs of court.  F. After payment of all jury costs, any unexpended amounts remaining on deposit shall be refunded by the clerk of court to the party or attorney filing the deposit.  Acts 1987, No. 937, §2; Acts 1989, No. 307, §1; Acts 1995, No. 148, §1; Acts 2004, No. 840, §2; Acts 2021, No. 382, §1.
LA Code Civ Pro art. 1735 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1735. Specification of issues

In his demand a party may specify the issues which he wishes to be tried by jury; otherwise, he shall be considered to have demanded trial by jury for all the issues so triable. If he has demanded trial by jury for only some of the issues, any other party, within ten days after service of the demand, may demand trial by jury of any or all of the other issues in the action. Acts 1983, No. 534, §1.
LA Code Civ Pro art. 1736 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1736. Trial of less than all issues; stipulation

The trial of all issues for which a jury trial has been requested shall be by jury, unless the parties stipulate that the jury trial shall be as to certain issues only or unless the right to trial by jury as to certain issues does not exist; however, except as otherwise provided under the provisions of Article 1562, there shall be but one trial. Added by Acts 1983, No. 534, §1.
LA Code Civ Pro art. 1751 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1751. Qualification and exemptions of jurors

The qualification and exemptions of jurors and the method of choosing and summoning the general venire are provided by special laws. Acts 1983, No. 534, §4.
LA Code Civ Pro art. 1761 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1761. Procedure in general

A. In cases to be tried by jury, twelve jurors summoned in accordance with law shall be chosen by lot to try the issues specified unless the parties stipulate that the case shall be tried by six jurors. The method of calling and drawing by lot shall be at the discretion of the court. B. The parties may stipulate that if one or more jurors die or become disqualified the remaining jurors shall try the issues specified. Acts 1983, No. 534, §5.
LA Code Civ Pro art. 1762 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1762. Swearing of juror before examination

Before being examined, every prospective juror shall be sworn or shall affirm to answer truthfully such questions as may be propounded to him. Acts 1983, No. 534, §5.
LA Code Civ Pro art. 1763 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1763. Examination of juror

A. The court shall examine prospective jurors as to their qualifications and may conduct such further examination as it deems appropriate. B. The parties or their attorneys shall individually conduct such examination of prospective jurors as each party deems necessary, but the court may control the scope of the examination to be conducted by the parties or their attorneys. Acts 1983, No. 534, §5; Acts 1990, No. 603, §1.
LA Code Civ Pro art. 1764 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1764. Peremptory challenges

A. If trial is by a jury of six, each side is allowed three peremptory challenges. If there is more than one party on any side, the court may allow each side additional peremptory challenges, not to exceed two. B. If trial is by a jury of twelve, each side is allowed six peremptory challenges. If there is more than one party on any side, the court may allow each side additional peremptory challenges, not to exceed four. C. Each side shall be allowed an equal number of peremptory challenges. If the parties on a side are unable to agree upon the allocation of peremptory challenges among themselves, the allocation shall be determined by the court before the examination on the voir dire. Acts 1983, No. 534, §5.
LA Code Civ Pro art. 1765 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1765. Challenges for cause

A juror may be challenged for cause based upon any of the following:  (1) When the juror lacks a qualification required by law;  (2) When the juror has formed an opinion in the case or is not otherwise impartial, the cause of his bias being immaterial;  (3) When the relations whether by blood, marriage, employment, friendship, or enmity between the juror and any party or his attorney are such that it must be reasonably believed that they would influence the juror in coming to a verdict;  (4) When the juror served on a previous jury, which tried the same case or one arising out of the same facts;  (5) When the juror refuses to answer a question on the voir dire examination on the ground that his answer might tend to incriminate him.
LA Code Civ Pro art. 1766 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1766. Time for challenges; method

A. After a juror has been examined as provided in Article 1763, the court may excuse the juror and if the court does not do so, either party may challenge the juror for cause. B. If a juror has not been excused for cause, a peremptory challenge may be made by any party. The court shall alternate between the sides when making initial inquiry as to whether any party wishes to exercise a peremptory challenge to that juror. C. After the entire jury has been accepted and sworn, no party has a right to challenge peremptorily. D. Peremptory challenges of jurors shall be made and communicated to the court in a side bar conference of the judge, the attorneys conducting the examination and selection of jurors, and the plaintiff or defendant in a case in which the plaintiff or defendant chooses to represent himself. The conference shall be conducted in a manner that only the court, the attorneys, and the plaintiff or defendant in a case in which the plaintiff or defendant chooses to represent himself, are aware of the challenges made until the court announces the challenges without reference to any party or attorney in the case. The side bar conference shall be conducted on the record and out of the presence of the prospective jurors. Acts 1983, No. 534, §5; Acts 1990, No. 703, §1.
LA Code Civ Pro art. 1767 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1767. Challenging or excusing jurors after acceptance

Although the entire jury may have been accepted and sworn, up to the beginning of the taking of evidence, a juror may be challenged for cause by either side or be excused by the court for cause or by consent of both sides, and the panel completed in the ordinary course. Acts 1983, No. 534, §5.
LA Code Civ Pro art. 1768 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1768. Swearing of jurors; selection of foreman

When the jury has been accepted by all parties, the jurors shall be sworn to try the case in a just and impartial manner, to the best of their judgment, and to render a verdict according to the law and the evidence. When the jury has retired, the jurors shall select a foreman to preside over them and sign the verdict which they may render.
LA Code Civ Pro art. 1769 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1769. Alternate jurors

A. The court may direct that one or more jurors, in addition to the regular panel, be called and empanelled to sit as alternate jurors. B. Alternate jurors, in the order in which they are called, shall replace jurors who, prior to the time the jury retires to consider its verdict, become unable or disqualified to perform their duties. C. Alternate jurors shall be drawn in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath, and shall have the same functions, powers, facilities, and privileges as the principal jurors. D. An alternate juror who does not replace a principal juror shall be discharged when the jury retires to consider its verdict. E. If one or more alternate jurors are called, each side shall have an equal number of additional peremptory challenges. The court shall determine how many challenges shall be allowed and shall allocate them among the parties on each side. The additional peremptory challenges may be used only against an alternate juror, and the other peremptory challenges allowed by law shall not be used against the alternate jurors. Acts 1983, No. 534, §5.