reglab/housing_qa huggingface dataset:
LA Code Civ Pro art. 3667 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3667. When proof of nonuse required in possessory action against owner of mineral right

In a possessory action against the owner of a mineral right subject to the prescription of nonuse, one possessing land as owner under a title which on its face discloses the mineral right in question must allege and prove that he has possessed the surface of the land as owner quietly and without interruption for more than one year prior to the date the action is brought and that for a period of at least ten years before the year preceding the date on which the action is brought the mineral right was not used or exercised according to its nature. The fact that prescription accruing against the mineral right in question may have been suspended or may have been interrupted for some cause other than use is irrelevant to the possessory action and can be utilized by the defendant only as a basis for claiming ownership of the disputed rights in a petitory action. Added by Acts 1974, No. 547, §2, eff. Jan. 1, 1975.
LA Code Civ Pro art. 3668 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3668. When proof of nonuse not required in possessory action against claimant of mineral right

In all cases other than those specified in Article 3667, one possessing land as owner need only allege and prove his quiet, uninterrupted possession for more than a year prior to assertion of a possessory action against one claiming a mineral right in the land. Added by Acts 1974, No. 547, §2, eff. Jan. 1, 1975.
LA Code Civ Pro art. 3669 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3669. Possessory action unavailable between owner of mineral servitude and owner of dependent mineral royalty

In the event of a dispute between the owner of a mineral servitude and the owner of a mineral royalty burdening or alleged to burden the servitude in question, the possessory action is unavailable to either party, and the only available real action is the petitory action. The burden of proof on the plaintiff in such an action is that which must be borne by the plaintiff in a petitory action when neither party is in possession. Added by Acts 1974, No. 547, §2, eff. Jan. 1, 1975.
LA Code Civ Pro art. 3670 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3670. Real actions against mineral lessee unavailable to mineral lessor or possessor bound by lease

One who has granted a mineral lease, or who possesses under a title subject to a mineral lease, whether or not the lease is disclosed by his act of acquisition, cannot assert the real actions against the lessee on account of the termination of the lease by running of the term or occurrence of an express resolutory condition. Added by Acts 1974, No. 547, §2, eff. Jan. 1, 1975.
LA Code Civ Pro art. 3671 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3671. Real actions involving mineral rights subject to other provisions governing real actions generally

Real actions involving mineral rights are subject to all of the rules established for other real actions by Articles 3651 through 3653 except to the extent that those articles are inconsistent with the express or implied terms of Articles 3664 through 3670. Added by Acts 1974, No. 547, §2, eff. Jan. 1, 1975.
LA Code Civ Pro art. 3691 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3691. Boundary action

An action to fix the boundary is an ordinary proceeding. Amended by Acts 1977, No. 169, §2, eff. Jan. 1, 1978.
LA Code Civ Pro art. 3692 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3692. Appointment of surveyor by court; duties of surveyor

The court may appoint a surveyor to inspect the lands and to make plans in accordance with the prevailing standards and practices of his profession indicating the respective contentions of the parties. Amended by Acts 1977, No. 169, §2, eff. Jan. 1, 1978.
LA Code Civ Pro art. 3693 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3693. Evidence; judgment

After considering the evidence, including the testimony and exhibits of a surveyor or other expert appointed by the court or by a party, the court shall render judgment fixing the boundary between the contiguous lands in accordance with the ownership or possession of the parties. Amended by Acts 1977, No. 169, §2, eff. Jan. 1, 1978.
LA Code Civ Pro art. 3721 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3721. Methods of enforcing mortgage

A conventional mortgage is enforced by ordinary or executory proceedings.
LA Code Civ Pro art. 3722 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3722. Enforcement by ordinary proceeding

When the mortgagee enforces a conventional mortgage by an ordinary proceeding, he must first obtain a judgment against the mortgagor and then execute the judgment. If it is not possible to obtain a personal judgment against the mortgagor, then the judgment shall be in rem. Acts 2003, No. 1072, §1.
LA Code Civ Pro art. 3723 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3723. Enforcement by executory proceeding

When the mortgagee enforces a conventional mortgage by an executory proceeding, he must comply with Articles 2631 through 2724.
LA Code Civ Pro art. 3741 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3741. Right of enforcement

A legal mortgage, after judgment on the original obligation has been obtained, a judicial mortgage, or a conventional mortgage may be enforced without reference to any alienation or transfer of the mortgaged property from the original debtor, and the creditor may cause the property to be seized and sold as though it were still owned by the original debtor and in his possession.
LA Code Civ Pro art. 3742 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3742. Notice of seizure

When property subject to a legal or a judicial mortgage is no longer owned by the original debtor, the seizing creditor shall cause notices of the seizure to be served by the sheriff upon both the original debtor and the present owner.
LA Code Civ Pro art. 3743 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3743. Rights of third possessor

When property subject to a legal or a judicial mortgage is seized to enforce the mortgage, or is about to be seized for this purpose, and the property is no longer owned by the original debtor, the third possessor has the following rights:  (1) To arrest the seizure, or threatened seizure, and consequent judicial sale of the property by injunction on the grounds that the mortgage was not recorded, that the inscription of its recordation had perempted, or that the debt secured by the mortgage is prescribed or extinguished, or to plead discussion as provided in Articles 5154 and 5155; and  (2) All of the rights granted a third possessor under Article 2703(1) and (3).
LA Code Civ Pro art. 3751 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3751. Notice to be recorded to affect third persons

The pendency of an action or proceeding in any court, state or federal, in this state affecting the title to, or asserting a mortgage or privilege on, immovable property does not constitute notice to a third person not a party thereto unless a notice of the pendency of the action or proceeding is made, and filed or recorded, as required by Article 3752.
LA Code Civ Pro art. 3752 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3752. Requirements of notice; recordation

A. The notice referred to in Article 3751 shall be in writing, signed by the plaintiff, defendant, or other party to the action or proceeding who desires to have the notice recorded, or by a counsel of record for such party showing the name of the persons against whom it is to be effective, the name of the court in which the action or proceeding has been filed, the title, docket number, date of filing, and object thereof, and the description of the property sought to be affected thereby. NOTE: Paragraph B effective until August 15, 2007. See Acts 2006, No. 267, §1. B. This notice shall be recorded in the mortgage office of the parish where the property to be affected is situated, and has effect from the time of the filing for recordation. NOTE: Paragraph B as amended by Acts 2006, No. 267, §1, eff. August 15, 2007: B. This notice shall be recorded in the mortgage office of the parish where the property to be affected is situated and has effect from the time of the filing for recordation. The notice shall cease to have effect after ten years from the date of its filing for recordation. Nevertheless, if the action or proceeding is still pending, the notice may be reinscribed by refiling the notice. A reinscription of the notice that is filed before the effect of recordation ceases continues that effect for five years from the day the notice is reinscribed. Acts 2005, No. 169, §3, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005; Acts 2006, No. 267, §1, eff. Aug. 15, 2007.
LA Code Civ Pro art. 3753 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3753. Cancellation of notice of pendency

When judgment is rendered in the action or proceeding against the party who filed the notice of the pendency thereof, the judgment shall order the cancellation of the notice at the expense of the party who filed it, and as part of the costs of the action or proceeding. Nevertheless, the notice of pendency filed in connection with the proceeding which gave rise to the judgment shall be canceled at the request of any interested party if the judgment has been canceled or if the action or proceeding has been dismissed. Acts 1999, No. 870, §1.
LA Code Civ Pro art. 3781 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3781. Petition; summary trial; issuance of writs

A writ of habeas corpus, mandamus, or quo warranto may be ordered by the court only on petition. The proceedings may be tried summarily and the writ when ordered may be signed by the clerk under the seal of the court, or it may be issued and signed by the judge without further formality.
LA Code Civ Pro art. 3782 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3782. Return date

Except as otherwise provided by law, a petition for a writ of habeas corpus, mandamus, or quo warranto shall be assigned for hearing not less than two or more than ten days after the service of the writ; but, upon proper showing, the court may assign the matter for hearing less than two days after the service of the writ. Amended by Acts 1964, No. 483, §1; Acts 1966, No. 36, §1.
LA Code Civ Pro art. 3783 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3783. Answer

A written answer to a petition for a writ shall be filed not later than the time fixed for the hearing.
LA Code Civ Pro art. 3784 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3784. Hearing

The hearing may be held in open court or in chambers, in term or in vacation.
LA Code Civ Pro art. 3785 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3785. Disobedience of writ or judgment; contempt

A person who fails to comply with a writ of habeas corpus, or with a judgment rendered after a hearing on a petition for a writ of habeas corpus, mandamus, or quo warranto may be punished for contempt. When a sentence of imprisonment is imposed for contempt, imprisonment may continue until the defendant obeys the writ or judgment.
LA Code Civ Pro art. 3821 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3821. Definition

Habeas corpus is a writ commanding a person who has another in his custody to produce him before the court and to state the authority for the custody. Custody, as used in this Chapter, includes detention and confinement. A petition for a writ of habeas corpus may be filed by the person in custody or by any other person in his behalf.
LA Code Civ Pro art. 3822 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3822. Venue

Habeas corpus proceedings may be brought in the parish in which the defendant is domiciled or the parish in which the person detained is in custody.
LA Code Civ Pro art. 3823 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3823. Persons authorized to make service; proof of service

A writ of habeas corpus may be served by any person over the age of twenty-one who is capable of testifying. If the writ is served by someone other than a sheriff, the affidavit of the person who served it shall be prima facie proof of such service.
LA Code Civ Pro art. 3824 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3824. Method of service

A writ of habeas corpus shall be served upon the party to whom it is addressed or who has the person in custody in the manner provided by Articles 1232 and 1233. If personal service cannot be made, service may be made by attaching the writ to an entrance door of the residence of the party to be served or to a door of the place where the person is in custody.
LA Code Civ Pro art. 3825 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3825. Answer; production of person in custody

The person upon whom the writ has been served, whether it is directed to him or not, shall file an answer stating whether he has custody of the person named in the writ. If the person is in his custody, he shall produce him and state in his answer by what authority he holds the person detained.
LA Code Civ Pro art. 3826 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3826. Transfer of custody; answer

If the person upon whom the writ of habeas corpus is served has transferred the custody of the person detained prior to service of the writ, he shall state in his answer the name and address of the person to whom custody was transferred, the time of and the authority for the transfer, and the place where the person detained is then in custody.
LA Code Civ Pro art. 3827 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3827. Inability to produce person in custody

If the person in custody cannot be brought before the court, the reasons therefor shall be stated in the answer. The hearing may proceed as if he had been produced.
LA Code Civ Pro art. 3828 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3828. Custody pendente lite

If judgment cannot be rendered immediately, the court may award the custody to a proper person until rendition of the judgment.
LA Code Civ Pro art. 3829 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3829. Notice of hearing

When a person is in custody by virtue of a prior court order, or at the request of any person, reasonable written notice of the hearing shall be given to the person who provoked the prior court order or requested the custody.
LA Code Civ Pro art. 3830 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3830. Judgment

The judgment may order the person released or placed in the custody of a proper person.
LA Code Civ Pro art. 3831 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3831. Appeal not to suspend execution of judgment; delay

An appeal from a judgment ordering the release of a person from custody or placing him in the custody of another person shall not suspend the execution of the judgment. Such an appeal shall be taken only within thirty days from the applicable dates provided in Article 2087(A). Amended by Acts 1974, No. 132, §1.
LA Code Civ Pro art. 3861 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3861. Definition

  Mandamus is a writ directing a public officer, a corporation or an officer thereof, or a limited liability company or a member or manager thereof, to perform any of the duties set forth in Articles 3863 and 3864.  Acts 2017, No. 419, §1.
LA Code Civ Pro art. 3862 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3862. Mandamus; issuance of

A writ of mandamus may be issued in all cases where the law provides no relief by ordinary means or where the delay involved in obtaining ordinary relief may cause injustice; provided, however, that no court shall issue or cause to be issued a writ of mandamus to compel the expenditure of state funds by any state department, board or agency, or any officer, administrator or head thereof, or any officer of the state of Louisiana, in any suit or action involving the expenditure of public funds under any statute or law of this state, when the director of such department, board or agency, or the governor shall certify that the expenditure of such funds would have the effect of creating a deficit in the funds of said agency or be in violation of the requirements placed upon the expenditure of such funds by the legislature. Amended by Acts 1969, No. 34, §3.
LA Code Civ Pro art. 3863 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3863. Person against whom writ directed

A writ of mandamus may be directed to a public officer to compel the performance of a ministerial duty required by law, or to a former officer or his heirs to compel the delivery of the papers and effects of the office to his successor.
LA Code Civ Pro art. 3864 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3864. Mandamus against corporation or corporate officer; limited liability company or member or manager

  A. A writ of mandamus may be directed to a corporation or an officer thereof to compel either of the following:  (1) The holding of an election or the performance of other duties required by the corporation's articles of incorporation or bylaws, or as prescribed by law.  (2) The recognition of the rights of the corporation's members or shareholders.  B. A writ of mandamus may be directed to a limited liability company or a member or manager thereof to compel either of the following:  (1) The holding of an election or the performance of other duties required by the limited liability company's articles of organization or operating agreement, or as prescribed by law.  (2) The recognition of the rights of the limited liability company's members.  Acts 2017, No. 419, §1.
LA Code Civ Pro art. 3865 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3865. Alternative writ

Upon the filing of a petition for a writ of mandamus, the court shall order the issuance of an alternative writ directing the defendant to perform the act demanded or to show cause to the contrary.
LA Code Civ Pro art. 3866 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3866. Judgment

After the hearing, the court may render judgment making the writ peremptory.
LA Code Civ Pro art. 3901 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3901. Definition

  Quo warranto is a writ directing an individual to show by what authority he claims or holds public office, or office in a corporation or limited liability company, or directing a corporation or limited liability company to show by what authority it exercises certain powers. Its purpose is to prevent usurpation of office or of powers.  Acts 2017, No. 419, §1
LA Code Civ Pro art. 3902 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3902. Judgment

  When the court finds that a person is holding or claiming office without authority, the judgment shall forbid him to do so. It may declare who is entitled to the office and may direct an election when necessary.  When the court finds that a corporation or limited liability company is exceeding its powers, the judgment shall prohibit it from doing so.  Acts 2017, No. 419, §1.
LA Code Civ Pro art. 3941 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3941. Court where action brought; nullity of judgment of court of improper venue

A. An action for an annulment of marriage or for a divorce shall be brought in a parish where either party is domiciled, or in the parish of the last matrimonial domicile. B. The venue provided in this Article may not be waived, and a judgment rendered in either of these actions by a court of improper venue is an absolute nullity. Acts 1990, No. 1009, §4, eff. Jan. 1, 1991.
LA Code Civ Pro art. 3942 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3942. Appeal from judgment granting or refusing annulment or divorce

A. An appeal from a judgment granting or refusing an annulment of marriage or a divorce can be taken only within thirty days from the applicable date provided in Article 2087(A). B. Such an appeal shall suspend the execution of the judgment insofar as the judgment relates to the annulment, divorce, or any partition of community property or settlement of claims arising from the matrimonial regime. Acts 1986, No. 225, §2; Acts 1990, No. 1009, §4, eff. Jan. 1, 1991.
LA Code Civ Pro art. 3943 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3943. Appeal from judgment awarding, modifying, or denying custody, visitation, or support

  An appeal from a judgment awarding, modifying, or denying custody, visitation, or support of a person can be taken only within the delay provided in Article 3942. Such an appeal shall not suspend execution of the judgment insofar as the judgment relates to custody, visitation, or support.  Acts 1993, No. 261, §3, eff. Jan. 1, 1994; Acts 2021, No. 259, §2.
LA Code Civ Pro art. 3944 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3944. Injunctive relief in divorce actions; bond not required in certain cases

Either party to an action for divorce may obtain injunctive relief as provided in Part V of Chapter 1 of Code Title V of Code Book I of Title 9 (R.S. 9:371 et seq.) of the Revised Statutes without bond. Acts 1990, No. 1009, §4, eff. Jan. 1, 1991.
LA Code Civ Pro art. 3945 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3945. Incidental order of temporary child custody; injunctive relief; exceptions

A. The injunctive relief afforded either party to an action for divorce or other proceeding which includes a provision for the temporary custody of a minor child shall be governed by the additional provisions of this Article. B. An ex parte order of temporary custody of a minor child shall not be granted unless: (1) It clearly appears from specific facts shown by a verified petition or by supporting affidavit that immediate and irreparable injury will result to the child before the adverse party or his attorney can be heard in opposition. (2) The applicant's attorney certifies to the court, in writing, either: (a) The efforts which have been made to give the adverse party reasonable notice of the date and time such order is being presented to the court. (b) The reasons supporting his claim that notice should not be required. C. An ex parte order of temporary custody shall: (1) Expire by operation of law within thirty days of signing of the order; however, the order may be extended for good cause shown at any time before its expiration for one period not exceeding fifteen days. (2) Provide specific provisions for temporary visitation by the adverse party of not less than forty-eight hours during any fifteen-day period, unless the verified petition or supporting affidavit clearly demonstrates that immediate and irreparable injury will result to the child as a result of such visitation. (3) Be endorsed with the date on which the ex parte order is signed and the date and hour of the rule to show cause. D. The rule to show cause why the respondent should not be awarded the custody, joint custody, or visitation of the child shall be assigned for hearing not more than thirty days after signing of the ex parte order of temporary custody. E. Any ex parte order not in compliance with the provisions of this Article is not enforceable, and is null and void. F. In the event an ex parte order of temporary custody is denied, the court shall specifically allocate between the parents the time which the child shall spend with each parent at the hearing on the rule to show cause set pursuant to Paragraph D of this Article, unless immediate and irreparable injury will result to the child. G. The provisions of this Article do not apply to any order of custody of a child requested in a verified petition alleging the applicability of the Domestic Abuse Assistance Act, R.S. 46:2131 et seq., Children's Code Article 1564 et seq., or the Post-Separation Family Violence Relief Act, R.S. 9:361 et seq. Acts 1990, No. 1008, §4, eff. Jan. 1, 1991; Acts 1995, No. 1204, §1; Acts 1997, No. 374, §1; Acts 2009, No. 379, §1; Acts 2014, No. 619, §1.