reglab/housing_qa huggingface dataset:
LA Code Civ Pro art. 615 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 615. Petition in shareholder's derivative action

The petition in a class action brought by a shareholder, partner, or member of a corporation or unincorporated association because it refuses to enforce a right which it may enforce shall: (1) Allege that the plaintiff was a shareholder, partner, or member at the time of the occurrence or transaction of which he complains, or that his share, partnership, or membership thereafter devolved on him by operation of law. (2) Allege with particularity the efforts of the plaintiff to secure from the managing directors, governors, or trustees and, if necessary, from the shareholders, partners, or members, the enforcement of the right and the reasons for his failure to secure such enforcement, or the reason for not making such an effort to secure enforcement of the right. (3) Join as defendants the corporation or unincorporated association and the obligor against whom the obligation is sought to be enforced. (4) Include a prayer for judgment in favor of the corporation or unincorporated association and against the obligor on the obligation sought to be enforced. (5) Be verified by the affidavit of the plaintiff or his counsel. Acts 1997, No. 839, §1, eff. July 1, 1997.
LA Code Civ Pro art. 616 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 616. Shareholder's derivative action when not impracticable to join all shareholders, partners, or members

A. When it is not impracticable for all of the shareholders, partners, or members of a corporation or unincorporated association to join or to be joined as parties to a derivative action to enforce a right of the corporation or unincorporated association which it refuses to enforce, such action shall not be maintained as a class action. Instead, all of the shareholders, partners, or members who refuse or fail to join as plaintiffs in such an action shall be joined as defendants. B. Derivative actions governed by this Article shall be subject to Articles 614 and 615. Acts 1997, No. 839, §1, eff. July 1, 1997.
LA Code Civ Pro art. 617 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 617. Unincorporated association; definition; applicability

As used in Articles 611 through 616, the term "unincorporated association" shall include any unincorporated business association that is treated by controlling substantive law as a separate juridical person. Acts 1997, No. 839, §1, eff. July 1, 1997.
LA Code Civ Pro art. 641 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 641. Joinder of parties needed for just adjudication

A person shall be joined as a party in the action when either: (1) In his absence complete relief cannot be accorded among those already parties. (2) He claims an interest relating to the subject matter of the action and is so situated that the adjudication of the action in his absence may either: (a) As a practical matter, impair or impede his ability to protect that interest. (b) Leave any of the persons already parties subject to a substantial risk of incurring multiple or inconsistent obligations. Acts 1995, No. 662, §1.
LA Code Civ Pro art. 642 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 642. Determination by court whenever joinder not feasible

If a person described in Article 641 cannot be made a party, the court shall determine whether the action should proceed among the parties before it, or should be dismissed. The factors to be considered by the court include: (1) To what extent a judgment rendered in the person's absence might be prejudicial to him or those already present. (2) The extent to which the prejudice can be lessened or avoided by protective provisions in the judgment, by the shaping of relief, or by other measures. (3) Whether a judgment rendered in the person's absence will be adequate. (4) Whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder. Acts 1995, No. 662, §1.
LA Code Civ Pro art. 643 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 643. Solidary obligees and obligors; joinder

One or more solidary obligees may sue to enforce a solidary right, and one or more solidary obligors may be sued to enforce a solidary obligation, without the necessity of joining all others in the action. Acts 1995, No. 662, §1.
LA Code Civ Pro art. 644 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 644. Party plaintiff who refuses or fails to sue

If a party subject to the jurisdiction of the court should join as a plaintiff but refuses or fails to do so, he may be joined as a defendant and required to assert his rights in the action or be precluded thereafter from asserting them. Acts 1995, No. 662, §1.
LA Code Civ Pro art. 645 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 645. Pleading nonjoinder of a party

The failure to join a party to an action may be pleaded in the peremptory exception, or may be noticed by the trial or appellate court on its own motion. Acts 1995, No. 662, §1.
LA Code Civ Pro art. 646 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 646. Amendment of petition to join a party

When the failure to join a party is pleaded successfully in or noticed by a trial court, the latter may permit amendment of the petition so as to make him a party, and may reopen the case if it has been submitted and further evidence is necessary. When such failure is pleaded successfully in or noticed by an appellate court, the latter may remand the case for such amendment and further evidence. Acts 1995, No. 662, §1.
LA Code Civ Pro art. 647 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 647. Permissive joinder governed by rules of cumulation of actions

The permissive joinder of two or more plaintiffs or defendants in the same suit is governed by the rules regulating the cumulation of actions provided in Articles 463 through 465.
LA Code Civ Pro art. 681 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 681. Real and actual interest required

Except as otherwise provided by law, an action can be brought only by a person having a real and actual interest which he asserts.
LA Code Civ Pro art. 682 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 682. Individuals having procedural capacity

A competent major and a competent emancipated minor have the procedural capacity to sue.
LA Code Civ Pro art. 683 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 683. Unemancipated minor

  A. An unemancipated minor has no procedural capacity to sue.  B. All persons having parental authority over an unemancipated minor must join as proper plaintiffs to sue to enforce a right of the minor, unless a joint custody implementation order otherwise applies. Nevertheless, with permission of the court, any person having parental authority may represent the minor whenever the other person having parental authority fails or refuses to do so.  C. During tutorship, the tutor is the proper plaintiff to sue to enforce a right of the unemancipated minor.  D. Notwithstanding the provisions of Paragraph A, B, or C of this Article, an attorney appointed by the court having jurisdiction over an unemancipated minor who is in the legal custody of the Department of Children and Family Services is the proper plaintiff to sue to enforce a right of an unemancipated minor. Upon application of the tutor or a person having parental authority who would otherwise be the proper plaintiff to sue pursuant to Paragraph B or C of this Article, the court shall appoint or substitute as the proper plaintiff the best qualified among the tutor, a person having parental authority, or the appointed attorney.  Acts 1992, No. 106, §1, eff. June 5, 1992; Acts 1993, No. 867, §1, eff. June 23, 1993; Acts 1995, No. 268, §1, eff. June 14, 1995; Acts 2004, No. 26, §2; Acts 2012, No. 741, §1; Acts 2015, No. 260, §2, eff. Jan. 1, 2016.
LA Code Civ Pro art. 684 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 684. Mental incompetent; interdict

A. A mental incompetent does not have the procedural capacity to sue.  B. Except as otherwise provided in Articles 4431, 4554, and 4566, the curator is the proper plaintiff to sue to enforce a right of an interdict.
LA Code Civ Pro art. 685 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 685. Succession

Except as otherwise provided by law, the succession representative appointed by a court of this state is the proper plaintiff to sue to enforce a right of the deceased or of his succession, while the latter is under administration. The heirs or legatees of the deceased, whether present or represented in the state or not, need not be joined as parties, whether the action is personal, real, or mixed.
LA Code Civ Pro art. 686 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 686. Marital community

Either spouse is the proper plaintiff, during the existence of the marital community, to sue to enforce a community right; however, if one spouse is the managing spouse with respect to the community right sought to be enforced, then that spouse is the proper plaintiff to bring an action to enforce the right. When doubt exists whether the right sought to be enforced is a community right or is the separate right of the plaintiff spouse, that spouse may sue in the alternative to enforce the right. When only one spouse sues to enforce a community right, the other spouse is a necessary party. Where the failure to join the other spouse may result in an injustice to that spouse, the trial court may order the joinder of that spouse on its own motion. Amended by Acts 1970, No. 344, §1; Acts 1979, No. 711, §3, eff. Jan. 1, 1980.
LA Code Civ Pro art. 687 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 687. Person doing business under trade name

A person who does business under a trade name shall sue in his own name to enforce a right created by or arising out of the doing of such business.
LA Code Civ Pro art. 688 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 688. Partnership

A partnership has the procedural capacity to sue to enforce its rights in the partnership name, and appears through and is represented by an authorized partner.
LA Code Civ Pro art. 689 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 689. Unincorporated association

An unincorporated association has the procedural capacity to sue to enforce its rights in its own name, and appears through and is represented by its president or other authorized officer.
LA Code Civ Pro art. 690 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 690. Domestic corporation; insurer; limited liability company

Except as otherwise provided in Articles 692 and 693, a domestic corporation, a domestic insurer, and a domestic limited liability company has the procedural capacity to sue to enforce its rights in the corporate or company name. Acts 1999, No. 145, §2.
LA Code Civ Pro art. 691 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 691. Foreign corporation; foreign limited liability company; foreign or alien insurance corporation

Except as otherwise provided in Articles 692 and 693, a foreign corporation, a foreign or alien insurer, and a foreign limited liability company has the procedural capacity to sue to enforce its rights in the corporate or company name. Acts 1999, No. 145, §2.
LA Code Civ Pro art. 692 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 692. Corporation, limited liability company, or partnership in receivership or liquidation

A. Except as otherwise provided by law, the receiver or liquidator appointed for a domestic or foreign corporation, limited liability company, or partnership by a court of this state is the proper plaintiff to sue to enforce a right of the corporation, limited liability company, or partnership, or of its receiver or liquidator. These rules apply whether, under the law of its domicile, the existence of the corporation, limited liability company, or partnership continues or is terminated. B. The receiver or liquidator may institute and prosecute any action without special authorization from the court which appointed him. Acts 1999, No. 145, §2.
LA Code Civ Pro art. 693 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 693. Insurer in receivership

The receiver appointed by a court of this state for a domestic insurer is the proper plaintiff to sue to enforce a right of the domestic insurer, or of its receiver. Except as otherwise provided by law, the ancillary receiver appointed by a court of this state for a foreign or alien insurer is the proper plaintiff to sue to enforce a right of the foreign or alien insurer, or of its domiciliary or ancillary receiver. As used herein and in Article 741, "receiver" includes liquidator, rehabilitator, and conservator.
LA Code Civ Pro art. 694 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 694. Agent

An agent has the procedural capacity to sue to enforce a right of his principal, when specially authorized to do so. For all procedural purposes, the principal is considered the plaintiff in such an action. The defendant may assert any defense available against the principal, and may enforce his rights against the principal in a reconventional demand.
LA Code Civ Pro art. 695 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 695. Absent or mentally incompetent managing spouse

If the managing spouse with respect to the community right sought to be enforced is an absentee or a mental incompetent, then the other spouse is the proper plaintiff to enforce that community right. Added by Acts 1979, No. 711, §4, eff. Jan. 1, 1980.
LA Code Civ Pro art. 696 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 696. Pledgor and pledgee

The pledgee of a real right, or of a negotiable instrument or other incorporeal right, is the proper plaintiff to sue to enforce the pledged right.  The pledgee may enforce the entire right judicially, unless it is an obligation of the pledgor, in which event it may be enforced only to the extent of the indebtedness secured by the pledge.
LA Code Civ Pro art. 697 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 697. Subrogor and subrogee

An incorporeal right to which a person has been subrogated, either conventionally or by effect of law, shall be enforced judicially by:  (1) The subrogor and the subrogee, when the subrogation is partial; or  (2) The subrogee, when the entire right is subrogated.
LA Code Civ Pro art. 698 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 698. Assignor and assignee

An incorporeal right which has been assigned, whether unconditionally or conditionally for purposes of collection or security, shall be enforced judicially by:  (1) The assignor and the assignee, when the assignment is partial; or  (2) The assignee, when the entire right is assigned.
LA Code Civ Pro art. 699 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 699. Trust estate

Except as otherwise provided by law, the trustee of an express trust is the proper plaintiff to sue to enforce a right of the trust estate.
LA Code Civ Pro art. 700 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 700. Authority or qualification of plaintiff suing in representative capacity

When a plaintiff sues as an agent to enforce a right of his principal, or as a legal representative, his authority or qualification is presumed, unless challenged by the defendant by the timely filing of the dilatory exception. When so challenged, the plaintiff shall prove his authority or qualification on the trial of the exception.
LA Code Civ Pro art. 731 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 731. Individuals having procedural capacity

A competent major and a competent emancipated minor have the procedural capacity to be sued.
LA Code Civ Pro art. 732 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 732. Unemancipated minor

  A. An unemancipated minor has no procedural capacity to be sued.  B. Any person having parental authority over an unemancipated minor is a proper defendant in an action to enforce an obligation against the minor.  C. During tutorship, the tutor is the proper defendant in an action to enforce an obligation against the unemancipated minor. If a minor has no tutor, the action may be brought against the minor, but the court shall appoint an attorney to represent him until a tutor is appointed for the minor.  D. Notwithstanding the provisions of Paragraph A, B, or C of this Article, an attorney appointed by the court having jurisdiction over an unemancipated minor who is in the legal custody of the Department of Children and Family Services is the proper defendant in an action to enforce an obligation against an unemancipated minor. Upon application of the tutor or person having parental authority who would otherwise be the proper defendant to be sued pursuant to Paragraph B or C of this Article, the court shall appoint or substitute as the proper defendant the best qualified among the tutor, a person having parental authority, or the appointed attorney.  Acts 1992, No. 106, §1, eff. June 5, 1992; Acts 1993, No. 867, §1, eff. June 23, 1993; Acts 2004, No. 26, §2; Acts 2015, No. 260, §2, eff. Jan. 1, 2016.
LA Code Civ Pro art. 733 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 733. Mental incompetent; interdict

A. A mental incompetent has no procedural capacity to be sued. B. Except as otherwise provided in Articles 732, 4431, and 4566, the curator appointed by a court of this state is the proper defendant in an action to enforce an obligation against a mental incompetent or an interdict. If an incompetent has no curator, but is interdicted, or committed to or confined in a mental institution, the action shall be brought against him, but the court shall appoint an attorney at law to represent him.
LA Code Civ Pro art. 734 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 734. Succession

Except as otherwise provided by law, including but not limited to Articles 2641 and 2674, the succession representative appointed by a court of this state is the proper defendant in an action to enforce an obligation of the deceased or of his succession, while the latter is under administration. The heirs or legatees of the deceased, whether present or represented in the state or not, need not be joined as parties, whether the action is personal, real, or mixed. Acts 1991, No. 229, §1.
LA Code Civ Pro art. 735 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 735. Marital community

Either spouse is the proper defendant, during the existence of the marital community, in an action to enforce an obligation against community property; however, if one spouse is the managing spouse with respect to the obligation sought to be enforced against the community property, then that spouse is the proper defendant in an action to enforce the obligation. When doubt exists whether the obligation sought to be enforced is a community obligation or the separate obligation of the defendant spouse, that spouse may be sued in the alternative. When only one spouse is sued to enforce an obligation against community property, the other spouse is a necessary party. Where the failure to join the other spouse may result in an injustice to that spouse, the trial court may order the joinder of that spouse on its own motion. Amended by Acts 1979, No. 711, §3, eff. Jan. 1, 1980.
LA Code Civ Pro art. 736 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 736. Person doing business under trade name

A person who does business under a trade name is the proper defendant in an action to enforce an obligation created by or arising out of the doing of such business.
LA Code Civ Pro art. 737 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 737. Partnership; partners

A partnership has the procedural capacity to be sued in its partnership name. The partners of an existing partnership may not be sued on a partnership obligation unless the partnership is joined as a defendant.
LA Code Civ Pro art. 738 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 738. Unincorporated association; members

An unincorporated association has the procedural capacity to be sued in its own name. The members of an unincorporated association may be sued jointly on an obligation of the association and the association may be joined as a defendant in such an action.
LA Code Civ Pro art. 739 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 739. Corporation; limited liability company; insurer

Except as otherwise provided in Articles 740 and 741, a domestic or foreign corporation, a domestic or foreign limited liability company, or a domestic, foreign, or alien insurer has the procedural capacity to be sued in its corporate or company name. Acts 1999, No. 145, §2.
LA Code Civ Pro art. 740 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 740. Corporation; limited liability company; partnership in receivership or liquidation

A. Except as otherwise provided by law, the receiver or liquidator of a domestic or foreign corporation, a domestic or foreign limited liability company, or a domestic or foreign partnership, appointed by a court of this state is the proper defendant in an action to enforce an obligation of the corporation, limited liability company, or partnership, or of its receiver or liquidator. B. The receiver or liquidator may be sued without the necessity of obtaining permission therefor from the court which appointed him. Acts 1999, No. 145, §2.
LA Code Civ Pro art. 741 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 741. Insurer in receivership

The receiver appointed by a court of this state for a domestic insurer is the proper defendant in an action to enforce an obligation of the insurer, or of its receiver. Except as otherwise provided by law, the ancillary receiver appointed by a court of this state for a foreign or alien insurer is the proper defendant in an action to enforce an obligation of the insurer, or of its domiciliary or ancillary receiver.
LA Code Civ Pro art. 742 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 742. Trust estate

The trustee of an express trust is the proper defendant in an action to enforce an obligation against a trust estate.
LA Code Civ Pro art. 743 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 743. Absent or mentally incompetent managing spouse

If the managing spouse with respect to the obligation sought to be enforced against community property is an absentee or a mental incompetent, then the other spouse is the proper defendant in a suit to enforce that obligation. Added by Acts 1979, No. 711, §4, eff. Jan. 1, 1980.
LA Code Civ Pro art. 771 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 771. Rules applicable

Articles 641 through 742 and 801 through 821 are applicable to the parties to an incidental demand.
LA Code Civ Pro art. 801 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 801. Voluntary substitution for deceased party; legal successor

When a party dies during the pendency of an action which is not extinguished by his death, his legal successor may have himself substituted for the deceased party, on ex parte written motion supported by proof of his quality. As used in Articles 801 through 804, "legal successor" means:  (1) The survivors designated in Article 2315.1 of the Civil Code, if the action survives in their favor; and  (2) Otherwise, it means the succession representative of the deceased appointed by a court of this state, if the succession is under administration therein; or the heirs and legatees of the deceased, if the deceased's succession is not under administration therein. Amended by Acts 1962, No. 92, §1.
LA Code Civ Pro art. 802 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 802. Compulsory substitution for deceased party; summons

On ex parte written motion of any other party, supported by an affidavit of the truth of the facts alleged, the court may order the issuance of a summons to the legal successor to appear and substitute himself for the deceased party. This summons shall show the title and docket number of the action, and the name and address of the court where the action is pending.