reglab/housing_qa huggingface dataset:
LA Code Civ Pro art. 803 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 803. Same; service or publication of summons

A. When the name and address of the legal successor is known, and he is a resident of the state, he shall be summoned to appear and substitute himself for the deceased party within thirty days of the date the summons is served on him. B. When the name and address of the legal successor is known, but he is a nonresident or absentee, he shall be summoned to appear and substitute himself for the deceased party within sixty days of the receipt of the summons through registered or certified mail. C. If the name or address of the legal successor is unknown, the summons shall be by two publications not less than fifteen days apart in a newspaper published in the parish where the action is pending and in the parish of the domicile of the deceased party, which shall summon him to appear and substitute himself for the deceased party within sixty days of the first publication. The summons shall be addressed to the legal successor by name, if the latter is known; and otherwise shall be addressed to "The legal successor of ____________, deceased". Acts 1987, No. 146, §1.
LA Code Civ Pro art. 804 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 804. Same; effect of failure of legal successor to appear

When the legal successor fails to appear and substitute himself for the deceased party within the delay allowed in the summons, on ex parte written motion of any other party, the court may:  (1) Dismiss the action as to the deceased party, with or without prejudice, if the deceased was a plaintiff; or  (2) When the legal successor of a deceased defendant has not been served by personal or domiciliary service with summons to appear and substitute, appoint an attorney at law to represent such legal successor, and the action shall be proceeded with contradictorily against the attorney at law. Amended by Acts 1968, No. 123, §1.
LA Code Civ Pro art. 805 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 805. Legal representative; successor

Articles 801 through 804 apply to the substitution of a legal representative of any party other than a deceased person, and to the substitution of the successor of any legal representative appointed by a court of this state, except that the term "legal successor", as used therein shall be considered as referring to such legal representative, or successor, as the case may be. When an action has been commenced by a proper representative on behalf of an incompetent person and such person thereafter becomes competent, the authority of the representative shall continue until substitution is made in accordance with the provisions of this article. Amended by Acts 1968, No. 124, §1.
LA Code Civ Pro art. 806 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 806. Public officer

When an officer of the state, or of a municipality, parish, political subdivision, agency, or public corporation, who is a party dies, resigns, or otherwise ceases to hold office, his successor may be substituted therefor on ex parte written motion of the successor or any other party, supported by an affidavit of the truth of the facts alleged. A copy of the order substituting the successor shall be served on the adverse party by mail.
LA Code Civ Pro art. 807 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 807. Transfer of interest

When a party to an action transfers an interest in the subject matter thereof, the action shall be continued by or against such party, unless the court directs that the transferee be substituted for or joined with the transferor
LA Code Civ Pro art. 821 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 821. Rules of Chapter applicable to district courts; rules of other appellate courts applicable

Articles 801 through 807 govern the substitution of parties in a case pending in a district court on appeal from a justice of the peace or city court. The substitution of parties in an action pending in the supreme court or in a court of appeal is governed by the rules of the appellate court.
LA Code Civ Pro art. 851 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 851. Three modes of procedure; Book II governs ordinary proceedings

Three different modes of procedure are used in civil matters in the trial courts of this state: ordinary, summary, and executory. The articles in this Book govern ordinary proceedings, which are to be used in the district courts in all cases, except as otherwise provided by law. Summary and executory proceedings are regulated by the provisions of Book V.
LA Code Civ Pro art. 852 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 852. Pleadings allowed; replicatory pleadings prohibited

The pleadings allowed in civil actions, whether in a principal or incidental action, shall be in writing and shall consist of petitions, exceptions, written motions, and answers. No replicatory pleadings shall be used and all new matter alleged in exceptions, contradictory motions, and answers, whether in a principal or incidental action, shall be considered denied or avoided.
LA Code Civ Pro art. 853 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 853. Caption of pleadings; adoption by reference; exhibits

  Every pleading shall contain a caption setting forth the name of the court, the title and number of the action, and a designation of the pleading. The title of the action shall state the name of the first party on each side with an appropriate indication of other parties.  A statement in a pleading may be adopted by reference in a different part of the same pleading or in another pleading in the same court. A copy of any written instrument that is an exhibit to a pleading is a part thereof.  Acts 2018, No. 195, §1.
LA Code Civ Pro art. 854 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 854. Form of pleading

No technical forms of pleading are required. All allegations of fact of the petition, exceptions, or answer shall be simple, concise, and direct, and shall be set forth in numbered paragraphs. As far as practicable, the contents of each paragraph shall be limited to a single set of circumstances.
LA Code Civ Pro art. 855 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 855. Pleading special matters; capacity

  Except as otherwise provided by law, it is not necessary to allege the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of a legal entity or an organized association of persons made a party. Such procedural capacity shall be presumed, unless challenged by the dilatory exception.  Acts 2018, No. 195, §1.
LA Code Civ Pro art. 856 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 856. Same; fraud, mistake, or condition of the mind

In pleading fraud or mistake, the circumstances constituting fraud or mistake shall be alleged with particularity. Malice, intent, knowledge, and other condition of mind of a person may be alleged generally.
LA Code Civ Pro art. 857 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 857. Same; suspensive conditions

In pleading the performance or occurrence of suspensive conditions, it is sufficient to allege generally that all such conditions have been performed or have occurred. A denial of performance or occurrence shall be alleged specifically and with particularity.
LA Code Civ Pro art. 858 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 858. Same; official document or act

In pleading an official document or official act, it is sufficient to allege that the document was issued or the act done in compliance with law.
LA Code Civ Pro art. 859 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 859. Same; judgment or decision

In pleading a judgment of a domestic or foreign court, or a decision of a judicial or quasi judicial tribunal, or of a board, commission, or officer, it is sufficient to allege the judgment or decision without setting forth matter showing jurisdiction to render it.
LA Code Civ Pro art. 860 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 860. Same; time and place

For the purpose of testing the sufficiency of a pleading, allegations of time and place are material and shall be considered as all other allegations of material matter.
LA Code Civ Pro art. 861 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 861. Same; special damage

When items of special damage are claimed, they shall be specifically alleged.
LA Code Civ Pro art. 862 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 862. Relief granted under pleadings; sufficiency of prayer

Except as provided in Article 1703, a final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in his pleadings and the latter contain no prayer for general and equitable relief.
LA Code Civ Pro art. 864 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 864. Attorney subject to disciplinary action

An attorney may be subjected to appropriate disciplinary action for a wilful violation of any provision of Article 863, or for the insertion of scandalous or indecent matter in a pleading.
LA Code Civ Pro art. 865 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 865. Construction of pleadings

Every pleading shall be so construed as to do substantial justice.
LA Code Civ Pro art. 891 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 891. Form of petition

 NOTE: Paragraph (A) eff. until Jan. 1, 2022. See Acts 2021, No. 68.  A. The petition shall comply with Articles 853, 854, and 863, and, whenever applicable, with Articles 855 through 861. It shall set forth the name, surname, and domicile of the parties; shall contain a short, clear, and concise statement of all causes of action arising out of, and of the material facts of, the transaction or occurrence that is the subject matter of the litigation; shall designate an address, not a post office box, for receipt of service of all items involving the litigation; and shall conclude with a prayer for judgment for the relief sought. Relief may be prayed for in the alternative. NOTE: Paragraph (A) as amended by Acts 2021, No. 68, eff. Jan. 1, 2022.  A. The petition shall comply with Articles 853, 854, and 863, and, whenever applicable, with Articles 855 through 861. It shall set forth the name, surname, and domicile of the parties; shall contain a short, clear, and concise statement of all causes of action arising out of, and of the material facts of, the transaction or occurrence that is the subject matter of the litigation; shall designate a physical address, not a post office box, and an email address for receipt of service of all items involving the litigation; and shall conclude with a prayer for judgment for the relief sought. Relief may be prayed for in the alternative.  B. For petitions involving domestic violence brought pursuant to R.S. 46:2131 et seq., R.S. 9:361 et seq., Children's Code Article 1564 et seq., or Code of Civil Procedure Article 3601 et seq., the address and parish of the residence of each petitioner and each person on whose behalf the petition is filed may remain confidential with the court.  Acts 1990, No. 521, §2, eff. Jan. 1, 1991; Acts 1991, No. 48, §1; Acts 1997, No. 1156, §2; Acts 2021, No. 68, §1, eff. Jan. 1, 2022.
LA Code Civ Pro art. 892 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 892. Alternative causes of action

Except as otherwise provided in Article 3657, a petition may set forth two or more causes of action in the alternative, even though the legal or factual bases thereof may be inconsistent or mutually exclusive. In such cases all allegations shall be made subject to the obligations set forth in Article 863.
LA Code Civ Pro art. 893 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 893. Pleading of damages

  A.(1) No specific monetary amount of damages shall be included in the allegations or prayer for relief of any original, amended, or incidental demand. The prayer for relief shall be for such damages as are reasonable in the premises except that if a specific amount of damages is necessary to establish the jurisdiction of the court, the right to a jury trial, the lack of jurisdiction of federal courts due to insufficiency of damages, or for other purposes, a general allegation that the claim exceeds or is less than the requisite amount is required. By interrogatory, an opposing party may seek specification of the amount sought as damages, and the response may thereafter be supplemented as appropriate.  (2) If a petition is filed in violation of this Article, the claim for a specific monetary amount of damages shall be stricken upon the motion of an opposing party, and the court may award attorney fees and costs against the person who signed the petition, the party on whose behalf the petition was filed, or both.  B. The provisions of Paragraph A of this Article shall not be applicable to a suit on a conventional obligation, promissory note, open account, or other negotiable instrument, for alimony or child support, on a tax claim, or in a garnishment proceeding.  C. The prohibitions in Paragraph A of this Article apply only to an original, amended, or incidental demand. Evidence at trial or hearing of a specific monetary amount of damages shall be adduced in accordance with the Louisiana Code of Evidence or other applicable law.  Added by Acts 1988, No. 443, §1, eff. Jan. 1, 1989. Amended by Acts 1989, No. 724, §1, eff. July 8, 1989; Acts 1992, No. 332, §1; Acts 2004, No. 334, §1; Acts 2021, No. 259, §2.
LA Code Civ Pro art. 921 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 921. Exception defined

An exception is a means of defense, other than a denial or avoidance of the demand, used by the defendant, whether in the principal or an incidental action, to retard, dismiss, or defeat the demand brought against him.
LA Code Civ Pro art. 922 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 922. Kinds of exceptions

Three exceptions and no others shall be allowed: the declinatory exception, the dilatory exception, and the peremptory exception.
LA Code Civ Pro art. 923 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 923. Functions of exceptions

The function of the declinatory exception is to decline the jurisdiction of the court, while the dilatory exception merely retards the progress of the action, but neither exception tends to defeat the action. The function of the peremptory exception is to have the plaintiff's action declared legally nonexistent, or barred by effect of law, and hence this exception tends to dismiss or defeat the action.
LA Code Civ Pro art. 924 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 924. Form of exceptions

All exceptions shall comply with Articles 853, 854, and 863, and, whenever applicable, with Articles 855 through 861. They shall set forth the name and surname of the exceptor, shall state with particularity the objections urged and the grounds thereof, and shall contain a prayer for the relief sought.
LA Code Civ Pro art. 925 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 925. Objections raised by declinatory exception; waiver

  A. The objections which may be raised through the declinatory exception include but are not limited to the following:  (1) Insufficiency of citation.  (2) Insufficiency of service of process, including failure to request service of citation on the defendant within the time prescribed by Article 1201(C), or failure to request service of petition within the time prescribed by Article 3955.  (3) Lis pendens under Article 531.  (4) Improper venue.  (5) The court's lack of jurisdiction over the person of the defendant.  (6) The court's lack of jurisdiction over the subject matter of the action.  B. When two or more of these objections are pleaded in the declinatory exception, they need not be pleaded in the alternative or in any particular order.  C. All objections which may be raised through the declinatory exception, except the court's lack of jurisdiction over the subject matter of the action, are waived unless pleaded therein.  Acts 1990, No. 521, §2, eff. Jan. 1, 1991; Acts 1997, No. 578, §1; Acts 2006, No. 750, §1; Acts 2010, No. 407, §1; Acts 2017, No. 419, §1.
LA Code Civ Pro art. 926 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 926. Objections raised by dilatory exception; waiver

A. The objections which may be raised through the dilatory exception include but are not limited to the following: (1) Prematurity. (2) Want of amicable demand. (3) Unauthorized use of summary proceeding. (4) Nonconformity of the petition with any of the requirements of Article 891. (5) Vagueness or ambiguity of the petition. (6) Lack of procedural capacity. (7) Improper cumulation of actions, including improper joinder of parties. (8) Discussion. B. All objections which may be raised through the dilatory exception are waived unless pleaded therein. Acts 1995, No. 662, §1.
LA Code Civ Pro art. 927 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 927. Objections raised by peremptory exception

  A. The objections which may be raised through the peremptory exception include but are not limited to the following:  (1) Prescription.  (2) Peremption.  (3) Res judicata.  (4) Nonjoinder of a party under Articles 641 and 642.  (5) No cause of action.  (6) No right of action, or no interest in the plaintiff to institute the suit.  (7) Discharge in bankruptcy.  B. Except as otherwise provided by Articles 1702(D), 4904(D), and 4921(C), the court may not supply the objection of prescription, which shall be specially pleaded. The nonjoinder of a party, peremption, res judicata, the failure to disclose a cause of action or a right or interest in the plaintiff to institute the suit, or discharge in bankruptcy, may be noticed by either the trial or appellate court on its own motion.  Acts 1995, No. 662, §1; Acts 2008, No. 824, §1, eff. Jan. 1, 2009; Acts 2021, No. 259, §2.
LA Code Civ Pro art. 928 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 928. Time of pleading exceptions

 NOTE: Paragraph (A) eff. until Jan. 1, 2022. See Acts 2021, No. 174.  A. The declinatory exception and the dilatory exception shall be pleaded prior to or in the answer and, prior to or along with the filing of any pleading seeking relief other than entry or removal of the name of an attorney as counsel of record, extension of time within which to plead, security for costs, or dissolution of an attachment issued on the ground of the nonresidence of the defendant, and in any event, prior to the signing of a final default judgment. When both exceptions are pleaded, they shall be filed at the same time, and may be incorporated in the same pleading. When filed at the same time or in the same pleading, these exceptions need not be pleaded in the alternative or in a particular order. NOTE: Paragraph (A) as amended by Acts 2021, No. 174, eff. Jan. 1, 2022.  A. The declinatory exception and the dilatory exception shall be pleaded prior to or in the answer and, prior to or along with the filing of any pleading seeking relief other than entry or removal of the name of an attorney as counsel of record, extension of time within which to plead, security for costs, or dissolution of an attachment issued on the ground of the nonresidence of the defendant, and in any event, prior to the signing of a default judgment. When both exceptions are pleaded, they shall be filed at the same time, and may be incorporated in the same pleading. When filed at the same time or in the same pleading, these exceptions need not be pleaded in the alternative or in a particular order.  B. The peremptory exception may be pleaded at any stage of the proceeding in the trial court prior to a submission of the case for a decision and may be filed with the declinatory exception or with the dilatory exception, or both.  Acts 1983, No. 60, §1; Acts 1997, No. 1055, §1; Acts 1999, No. 983, §1, eff. July 1, 2000; Acts 2017, No. 419, §1; Acts 2021, No. 174, §1, eff. Jan. 1, 2022.
LA Code Civ Pro art. 929 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 929. Time of trial of exceptions

A. The declinatory exception, the dilatory exception, and the peremptory exception when pleaded before or in the answer shall be tried and decided in advance of the trial of the case. B. If the peremptory exception has been filed after the answer, but at or prior to the trial of the case, it shall be tried and disposed of either in advance of or on the trial of the case. If the peremptory exception has been pleaded after the trial of the case, the court may rule thereon at any time unless the party against whom it has been pleaded desires and is entitled to introduce evidence thereon. In the latter event, the peremptory exception shall be tried specially. Acts 1987, No. 169, §1; Acts 1997, No. 1055, §1.
LA Code Civ Pro art. 930 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 930. Evidence on trial of declinatory and dilatory exceptions

On the trial of the declinatory exception, evidence may be introduced to support or controvert any of the objections pleaded, when the grounds thereof do not appear from the petition, the citation, or return thereon. On the trial of the dilatory exception, evidence may be introduced to support or controvert any of the objections pleaded, when the grounds thereof do not appear from the petition.
LA Code Civ Pro art. 931 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 931. Evidence on trial of peremptory exception

On the trial of the peremptory exception pleaded at or prior to the trial of the case, evidence may be introduced to support or controvert any of the objections pleaded, when the grounds thereof do not appear from the petition. When the peremptory exception is pleaded in the trial court after the trial of the case, but prior to a submission for a decision, the plaintiff may introduce evidence in opposition thereto, but the defendant may introduce no evidence except to rebut that offered by plaintiff. No evidence may be introduced at any time to support or controvert the objection that the petition fails to state a cause of action.
LA Code Civ Pro art. 932 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 932. Effect of sustaining declinatory exception

A. When the grounds of the objections pleaded in the declinatory exception may be removed by amendment of the petition or other action of plaintiff, the judgment sustaining the exception shall order the plaintiff to remove them within the delay allowed by the court; if the court finds, on sustaining the objection that service of citation on the defendant was not requested timely, it may either dismiss the action as to that defendant without prejudice or, on the additional finding that service could not have been timely requested, order that service be effected within a specified time. B. If the grounds of the objection cannot be so removed, or if the plaintiff fails to comply with an order requiring such removal, the action, claim, demand, issue, or theory subject to the exception shall be dismissed; except that if an action has been brought in a court of improper jurisdiction or venue, the court may transfer the action to a proper court in the interest of justice. Acts 2003, No. 545, §1; Acts 2006, No. 750, §1.
LA Code Civ Pro art. 933 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 933. Effect of sustaining dilatory exception

A. If the dilatory exception pleading want of amicable demand is sustained, the judgment shall impose all court costs upon the plaintiff. If the dilatory exception pleading prematurity is sustained, the premature action, claim, demand, issue or theory shall be dismissed. B. When the grounds of the other objections pleaded in the dilatory exception may be removed by amendment of the petition or other action by plaintiff, the judgment sustaining the exception shall order plaintiff to remove them within the delay allowed by the court; and the action, claim, demand, issue or theory subject to the exception shall be dismissed only for a noncompliance with this order. Acts 2003, No. 545, §1.