reglab/housing_qa huggingface dataset:
LA Code Civ Pro art. 1472 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1472. Failure to admit; expenses

If a party fails to admit the genuineness of any document or the truth of any matter as requested under Article 1466, and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, he may apply to the court for an order requiring the other party to pay him the reasonable expenses incurred in making that proof, including reasonable attorney's fees. The court shall make the order unless it finds that the request was held objectionable pursuant to Article 1467, or the admission sought was of no substantial importance, or the party failing to admit had reasonable ground to believe that he might prevail on the matter, or there was other good reason for the failure to admit. Acts 1976, No. 574, §1.
LA Code Civ Pro art. 1473 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1473. Failure to attend deposition, serve answers or respond to request for inspection

If a party or an officer, director, or managing agent of a party or a person designated under Articles 1442 or 1448 to testify on behalf of a party fails to appear before the officer who is to take his deposition, after being served with a proper notice, or to serve answers or objections to interrogatories submitted under Article 1457, after proper service of the interrogatories, or to serve a written response to a request for inspection submitted under Article 1461, after proper service of the request, the court in which the action is pending on motion may make such orders in regard to the failure as are just, and among others it may take any action authorized under Paragraphs (1), (2), and (3) of Article 1471. In lieu of any order or in addition thereto, the court shall require the party failing to act or the attorney advising him or both to pay the reasonable expenses, including attorney's fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. The failure to act described in this Article may not be excused on the ground that the discovery sought is objectionable unless the party failing to act has applied for a protective order as provided by Article 1426. Acts 1976, No. 574, §1.
LA Code Civ Pro art. 1474 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1474. Service of written objections, notices, requests, affidavits, interrogatories, and answers thereto

A. Except as otherwise provided by Article 1430, all of the objections, notices, requests, affidavits, interrogatories, and answers to interrogatories, required by any Article in this Chapter to be in writing and served on an adverse party, may be served as provided in Article 1313. B. Interrogatories and the answers thereto, requests for production or inspection, and requests for admissions and the responses thereto authorized by Article 1421 shall be served upon other counsel or parties, but shall not be filed in the record of the proceedings, unless filing is required under the provisions of Paragraph C of this Article or unless ordered to be filed by the court. The failure or lack of filing such items shall not affect the use or admissibility at trial or by the court if otherwise authorized or provided by law. The party responsible for service of the discovery materials shall retain the original and become the custodian of such materials. C.(1) If relief is sought under Article 1467 or 1469 with regard to any interrogatories, requests for production or inspection, requests for admissions, answers to interrogatories, or responses to requests for admissions, copies of the portions of the interrogatories, requests, answers, or responses in dispute shall be filed with the court contemporaneously with any motion filed under such Articles. (2) If interrogatories, requests, answers, or responses are to be used at trial or are necessary to a pretrial motion which might result in a final order on any issue, the portions to be used shall be filed in the proceedings at the outset of the trial or at the filing of the motion insofar as their use can be reasonably anticipated. (3) When documentation of discovery not previously in the record is needed for appeal purposes, upon an application and order of the court, or by stipulation of counsel, the necessary discovery materials shall be filed in the proceedings. (4) The serving of any discovery materials pursuant to the provisions of this Article shall be considered a step in the prosecution or defense of an action for purposes of Article 561, notwithstanding that such discovery materials are not filed in the record of the proceedings. D. The provisions of this Article shall not be construed to preclude the filing of any discovery materials as exhibits or as evidence in connection with a motion or at trial. Acts 1989, No. 388, §1, eff. June 30, 1989.
LA Code Civ Pro art. 1475 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1475. Affidavit for medical cost; counter affidavit; service

A.(1) Unless a controverting affidavit is filed as provided for in this Article, an affidavit establishing medical services and costs shall be sufficient evidence to support a finding of fact by a judge or jury that the bill is authentic. (2) The affidavit shall be made either by the person who provided the medical service or by the official custodian in charge of the medical records. The affidavit shall be accompanied by an itemized statement which shall set forth with specificity the medical service provided and the corresponding charge. (3) The party submitting the affidavit in evidence shall file the affidavit with the clerk of court and serve a copy of the affidavit on other parties and all persons affected thereby at least thirty days before the trial. B.(1) Any party intending to contravene the affidavit shall file a counter affidavit with the clerk of court and serve a copy of the counter affidavit on the other party or party's attorney of record not later than fifteen days after receipt of a copy of the affidavit and at least ten days before the trial or at any time before the trial with leave of court. (2) The counter affidavit shall establish a reasonable basis on which the party intends to controvert the claim set forth in the initial affidavit and shall be made by a person who is qualified either by knowledge, skill, experience, training, or education, to testify in contravention of all or part of any matters contained in the initial affidavit. C. If a counter affidavit is filed, and after opportunity for hearing, a party who fails to establish to the court's satisfaction that the medical statements are not authentic shall be required to pay to the initial affiant all costs and expenses incurred as a result of the hearing. The court may waive assessment of costs and expenses if it finds that the counter affidavit was substantially justified or that other circumstances make an award of expenses unjust. Acts 1997, No. 72, §1.
LA Code Civ Pro art. 1551 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1551. Pretrial and scheduling conference; order

  A. In any civil action in a district court the court may in its discretion direct the attorneys for the parties to appear before it for conferences to consider any of the following:  (1) The simplification of the issues, including the elimination of frivolous claims or defenses.  (2) The necessity or desirability of amendments to the pleadings.  (3) What material facts and issues exist without substantial controversy, and what material facts and issues are actually and in good faith controverted.  (4) Proof, stipulations regarding the authenticity of documents, and advance rulings from the court on the admissibility of evidence.  (5) Limitations or restrictions on or regulation of the use of expert testimony under Louisiana Code of Evidence Article 702.  (6) The control and scheduling of discovery including any issues relating to disclosure or discovery of electronically stored information, and the form or forms in which it should be produced.  (7) Any issues relating to claims of privilege or protection of trial preparation material, and whether the court should include agreements between counsel relating to such issues in an order.  (8) The identification of witnesses, documents, and exhibits.  (9) The presentation of testimony or other evidence by electronic devices.  (10) Such other matters as may aid in the disposition of the action.  B. The court shall render an order which recites the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered, and which limits the issues for trial to those not disposed of by admissions or agreements of counsel. Such order controls the subsequent course of the action, unless modified at the trial to prevent manifest injustice.  C. If a party's attorney fails to obey a pretrial order, or to appear at the pretrial and scheduling conference, or is substantially unprepared to participate in the conference or fails to participate in good faith, the court, on its own motion or on the motion of a party, after hearing, may make such orders as are just, including orders provided in Article 1471 (2), (3), and (4). In lieu of or in addition to any other sanction, the court may require the party or the attorney representing the party or both to pay the reasonable expenses incurred by noncompliance with this Paragraph, including attorney fees.  D. If a suit has been pending for more than one year since the date of filing of the original petition and no trial date has been assigned, upon motion of any party, the court shall set the matter for conference for the purpose of resolving all matters subject to the provisions of this Article, including the scheduling of discovery, assignment for trial, and any other matters that will expedite the resolution of the suit. The conference may be conducted in chambers, by telephone, or by video teleconference.  Acts 1997, No. 1056, §1; Acts 2008, No. 824, §3, eff. Jan. 1, 2009; Acts 2018, No. 254, §1.
LA Code Civ Pro art. 1552 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1552. Environmental management orders

Upon the request of any party in any civil action alleging environmental damage pursuant to R.S. 30:29, or the Department of Natural Resources, office of conservation, the court shall direct the attorneys for the parties to appear before the court to develop an environmental management order. The environmental management order shall authorize all parties to access the property allegedly impacted to perform inspections and environmental testing. The order shall require that all test results be submitted to all parties and the Department of Natural Resources, office of conservation, within thirty days of receipt thereof. Failure by a party to provide the results of testing to the other parties shall preclude that party from admitting those results into evidence in the civil action. The environmental management order shall include reasonable terms for all of the following: (1) Access to the property. (2) Investigation and environmental testing. (3) Sampling and testing protocols. (4) Specific time frames within which to conduct such testing and sampling. Acts 2012, No. 754, §1.
LA Code Civ Pro art. 1561 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1561. Consolidation for trial or other limited purposes

  A. When two or more separate actions are pending in the same court, the section or division of the court in which the first filed action is pending may order consolidation of the actions for trial or other limited purposes after a contradictory hearing, upon a finding that common issues of fact and law predominate, and, in the event a trial date has been set in a subsequently filed action, upon a finding that consolidation is in the interest of justice. The contradictory hearing may be waived upon the certification by the mover that all parties in all cases to be consolidated consent to the consolidation.  B. Consolidation shall not be ordered if it would do any of the following:  (1) Cause jury confusion.  (2) Prevent a fair and impartial trial.  (3) Give one party an undue advantage.  (4) Prejudice the rights of any party.  Acts 1997, No. 968, §1; Acts 2008, No. 824, §4, eff. Jan. 1, 2009; Acts 2012, No. 194, §1; Acts 2021, No. 259, §2.
LA Code Civ Pro art. 1562 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1562. Separate trials of issues of insurance coverage, liability, and damages

A. If it would simplify the proceedings or would permit a more orderly disposition of the case or otherwise would be in the interest of justice, at any time prior to trial the court may order, with the consent of all parties, separate trials on the issues of liability and damages, whether or not there is to be a jury trial on either issue. B. If a defendant has been found liable by a jury, the court shall proceed with the trial on the remaining issues before the same jury unless all parties consent to a trial before a different jury. C. Notwithstanding the provisions of Paragraph B of this Article, in a jury trial, the court may order, with the consent of all the parties, that a separate trial on the issue of damages shall precede a trial on the issue of liability. D. If it would simplify the proceedings or would permit a more orderly disposition of the case or otherwise would be in the interest of justice, at any time prior to trial on the merits, the court may order, with the consent of all parties, a separate trial on the issue of insurance coverage, unless a factual dispute that is material to the insurance coverage issue duplicates an issue relative to liability or damages. The issue of insurance coverage shall be decided by the court alone, whether or not there is to be a jury trial on the issue of liability or damages. Added by Acts 1983, No. 534, §2. Amended by Acts 1985, No. 289, §1, eff. July 8, 1985; Acts 1992, No. 72, §1.
LA Code Civ Pro art. 1571 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1571. Assignment by court rule

A.(1) The district courts shall prescribe the procedure for assigning cases for trial, by rules which shall:  (a) Require adequate notice of trial to all parties; and  (b) Prescribe the order of preference in accordance with law. (2) These rules shall not allow the assignment of ordinary proceedings for trial except after answer filed. B. A party who appears in proper person before the court shall advise the court of his current address and any change of address during the pendency of the proceedings. The address and change of address shall be entered in the record of the proceedings. The failure of a party to provide such information does not affect the validity of any judgment rendered if notice of trial or other matters was sent to the party's last known address of record. Acts 1989, No. 284, §1.
LA Code Civ Pro art. 1572 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1572. Written request for notice of trial

The clerk shall give written notice of the date of the trial whenever a written request therefor is filed in the record or is made by registered mail by a party or counsel of record. This notice shall be mailed by the clerk, by certified mail, properly stamped and addressed, at least ten days before the date fixed for the trial. The provisions of this article may be waived by all counsel of record at a pre-trial conference. Amended by Acts 1980, No. 460, §1.
LA Code Civ Pro art. 1573 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1573. Assignment of trials; preference; terminally ill

The court shall give preference in scheduling upon the motion of any party to the action who presents to the court documentation to establish that the party has reached the age of seventy years or who presents to the court medical documentation that the party suffers from an illness or condition because of which he is not likely to survive beyond six months, if the court finds that the interests of justice will be served by granting such preference.  Acts 1990, No. 106, §1.
LA Code Civ Pro art. 1601 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1601. Discretionary grounds

A continuance may be granted in any case if there is good ground therefor.
LA Code Civ Pro art. 1602 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1602. Peremptory grounds

A continuance shall be granted if at the time a case is to be tried, the party applying for the continuance shows that he has been unable, with the exercise of due diligence, to obtain evidence material to his case; or that a material witness has absented himself without the contrivance of the party applying for the continuance. Amended by Acts 1966, No. 186, §1.
LA Code Civ Pro art. 1603 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1603. Motion for continuance

A motion for a continuance shall set forth the grounds upon which it is based, and if in writing shall comply with the provisions of Article 863.
LA Code Civ Pro art. 1604 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1604. Prevention of continuance by admission of adverse party

When a party applies for a continuance on account of the absence of a material witness, the adverse party may require him to disclose on oath what facts he intends to prove by such witness, and if the adverse party admits that if the witness were present he would testify as stated in the affidavit, the court shall proceed to the trial of the case.
LA Code Civ Pro art. 1605 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1605. Trial of motion; order

Every contested motion for a continuance shall be tried summarily and contradictorily with the opposite party.
LA Code Civ Pro art. 1631 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1631. Power of court over proceedings; exclusion of witnesses; mistrial

A. The court has the power to require that the proceedings shall be conducted with dignity and in an orderly and expeditious manner, and to control the proceedings at the trial, so that justice is done. B. The exclusion of witnesses is governed by Louisiana Code of Evidence Article 615. C. The court on its own motion, or on the motion of any party, after hearing, may grant a mistrial. Amended by Acts 1966, No. 36, §1; Acts 1988, No. 515, §2, eff. Jan. 1, 1989; Acts 1995, No. 411, §1.
LA Code Civ Pro art. 1632 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1632. Order of trial

The normal order of trial shall be as follows:  (1) The opening statements by the plaintiff and the defendant, in that order;  (2) The presentation of the evidence of the plaintiff and of the defendant, in that order;  (3) The presentation of the evidence of the plaintiff in rebuttal; and  (4) The argument of the plaintiff, of the defendant, and of the plaintiff in rebuttal, in that order. This order may be varied by the court when circumstances so justify.  When an action involves parties in addition to the plaintiff and the defendant, the court shall determine the order of trial as to them and the plaintiff and the defendant.
LA Code Civ Pro art. 1633 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1633. Oath or affirmation of witnesses; refusal to testify

A. Before testifying, every witness shall be required to declare that he will testify truthfully, by oath or affirmation administered in a form calculated to awaken his conscience and impress his mind with his duty to do so. B. A witness who appears but refuses to testify without proper cause shall be considered in contempt of court. Amended by Acts 1988, No. 515, §2, eff. Jan. 1, 1989.
LA Code Civ Pro art. 1633.1 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1633.1. Live trial testimony by video

The court may order, upon a showing of appropriate safeguards, live testimony of a witness to be presented in open court by teleconference, video link, or other visual remote technology, if the witness is beyond the subpoena power of the court or when compelling circumstances are shown. The order may be entered at a pretrial conference or, in exceptional circumstances, on motion set for hearing at least ten days prior to trial or at another time that does not prejudice the parties. Acts 2007, No. 140, §1.
LA Code Civ Pro art. 1634 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1634. Cross-examination of a party or person identified with a party

A party or a person identified with a party may be called as a witness and examined by the adverse party in accordance with Louisiana Code of Evidence Articles 607 and 611. Amended by Acts 1970, No. 406, §1; Acts 1988, No. 515, §2, eff. Jan 1, 1989.
LA Code Civ Pro art. 1635 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1635. Exceptions unnecessary

Formal exceptions to rulings or orders of the court are unnecessary. For all purposes it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which he desires the court to take or his objection to the action of the court and his grounds therefor; and, if a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection does not thereafter prejudice him.
LA Code Civ Pro art. 1636 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1636. Evidence held inadmissible; record or statement as to nature thereof

A. When the court rules against the admissibility of any evidence, it shall either permit the party offering such evidence to make a complete record thereof, or permit the party to make a statement setting forth the nature of the evidence. B. At the request of any party, the court may allow any excluded evidence to be offered, subject to cross-examination: on the record during a recess or such other time as the court shall designate; or by deposition taken before a person authorized by Article l434 within thirty days subsequent to the exclusion of any such evidence or the completion of the trial or hearing, whichever is later. When the record is completed during a recess or other designated time, or by deposition, there will be no necessity for the requesting party to make a statement setting forth the nature of the evidence. C. In all cases, the court shall state the reason for its ruling as to the inadmissibility of the evidence. This ruling shall be reviewable on appeal without the necessity of further formality. D. If the court permits a party to make a complete record of the evidence held inadmissible, it shall allow any other party the opportunity to make a record in the same manner of any evidence bearing upon the evidence held to be inadmissible. Acts 1993, No. 985, §1.
LA Code Civ Pro art. 1637 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1637. Completion of trial; pronouncement of judgment

After the trial is completed, the court may immediately pronounce judgment or take the case under advisement.
LA Code Civ Pro art. 1671 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1671. Voluntary dismissal

A judgment dismissing an action without prejudice shall be rendered upon application of the plaintiff and upon his payment of all costs, if the application is made prior to any appearance of record by the defendant. If the application is made after such appearance, the court may refuse to grant the judgment of dismissal except with prejudice. Acts 1997, No. 578, §1.