reglab/housing_qa huggingface dataset:
LA Code Civ Pro art. 934 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 934. Effect of sustaining peremptory exception

When the grounds of the objection pleaded by the peremptory exception may be removed by amendment of the petition, the judgment sustaining the exception shall order such amendment within the delay allowed by the court. If the grounds of the objection raised through the exception cannot be so removed, or if the plaintiff fails to comply with the order to amend, the action, claim, demand, issue, or theory shall be dismissed. Acts 2003, No. 545, §1.
LA Code Civ Pro art. 961 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 961. Written motion required; exception

An application to the court for an order, if not presented in some other pleading, shall be by motion which, unless made during trial or hearing or in open court, shall be in writing.
LA Code Civ Pro art. 962 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 962. Form of written motion

A written motion shall comply with Articles 853 and 863, and shall state the grounds therefor, and the relief or order sought. It must also comply with Article 854 if the motion is lengthy, and whenever applicable, with Articles 855 through 861.
LA Code Civ Pro art. 963 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 963. Ex parte and contradictory motions; rule to show cause

If the order applied for by written motion is one to which mover is clearly entitled without supporting proof, the court may grant the order ex parte and without hearing the adverse party. If the order applied for by written motion is one to which the mover is not clearly entitled, or which requires supporting proof, the motion shall be served on and tried contradictorily with the adverse party. The rule to show cause is a contradictory motion.
LA Code Civ Pro art. 964 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 964. Motion to strike

The court on motion of a party or on its own motion may at any time and after a hearing order stricken from any pleading any insufficient demand or defense or any redundant, immaterial, impertinent, or scandalous matter. Acts 1997, No. 1055, §1.
LA Code Civ Pro art. 965 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 965. Motion for judgment on pleadings

Any party may move for judgment on the pleadings after the answer is filed, or if an incidental demand has been instituted after the answer thereto has been filed, but within such time as not to delay the trial. For the purposes of this motion, all allegations of fact in mover's pleadings not denied by the adverse party or by effect of law, and all allegations of fact in the adverse party's pleadings shall be considered true.
LA Code Civ Pro art. 967 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 967. Same; affidavits

A. Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. The supporting and opposing affidavits of experts may set forth such experts' opinions on the facts as would be admissible in evidence under Louisiana Code of Evidence Article 702, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or by further affidavits. B. When a motion for summary judgment is made and supported as provided above, an adverse party may not rest on the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided above, must set forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be rendered against him. C. If it appears from the affidavits of a party opposing the motion that for reasons stated he cannot present by affidavit facts essential to justify his opposition, the court may refuse the application for judgment or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such other order as is just. D. If it appears to the satisfaction of the court at any time that any of the affidavits presented pursuant to this Article are presented in bad faith or solely for the purposes of delay, the court immediately shall order the party employing them to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused him to incur, including reasonable attorney fees. Any offending party or attorney may be adjudged guilty of contempt. Amended by Acts 1966, No. 36, §1; Acts 2003, No. 545, §1.
LA Code Civ Pro art. 968 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 968. Effect of judgment on pleadings and summary judgment

Judgments on the pleadings, and summary judgments, are final judgments and shall be rendered and signed in the same manner and with the same effect as if a trial had been had upon evidence regularly adduced. If the judgment does not grant mover all of the relief prayed for, jurisdiction shall be retained in order to adjudicate on mover's right to the relief not granted on motion. An appeal does not lie from the court's refusal to render any judgment on the pleading or summary judgment.
LA Code Civ Pro art. 969 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 969. Judgment on pleadings and summary judgment not permitted in certain cases; exception

A. Judgments on the pleadings and summary judgments shall not be granted in any action for divorce or annulment of marriage, nor in any case where the community, paraphernal, or dotal rights may be involved in an action between husband and wife. B.(1) Notwithstanding the provisions of Paragraph A, judgments on the pleadings and summary judgments may be granted without hearing in any action for divorce under Civil Code Article 103(1) under the following conditions:  (a) All parties are represented by counsel;  (b) Counsel for each party, after answer is filed, file a written joint stipulation of facts, request for judgment, and sworn verification by each party; and  (c) Counsel for each party file a proposed judgment containing a certification that counsel and each party agree to the terms thereof. (2) The court may render and sign such judgments in chambers without a hearing and without the taking of testimony. Acts 1986, No. 219, §2; Acts 1987, No. 271, §1; Acts 1990, No. 1009, §4, eff. Jan. 1, 1991.
LA Code Civ Pro art. 970 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 970. Motion for judgment on offer of judgment

A. At any time more than twenty days before the time specified for the trial of the matter, without any admission of liability, any party may serve upon an adverse party an offer of judgment for the purpose of settling all of the claims between them. The offer of judgment shall be in writing and state that it is made under this Article; specify the total amount of money of the settlement offer; and specify whether that amount is inclusive or exclusive of costs, interest, attorney fees, and any other amount which may be awarded pursuant to statute or rule. Unless accepted, an offer of judgment shall remain confidential between the offeror and offeree. If the adverse party, within ten days after service, serves written notice that the offer is accepted, either party may move for judgment on the offer. The court shall grant such judgment on the motion of either party. B. An offer of judgment not accepted shall be deemed withdrawn and evidence of an offer of judgment shall not be admissible except in a proceeding to determine costs pursuant to this Article. C. If the final judgment obtained by the plaintiff-offeree is at least twenty-five percent less than the amount of the offer of judgment made by the defendant-offeror or if the final judgment obtained against the defendant-offeree is at least twenty-five percent greater than the amount of the offer of judgment made by the plaintiff-offeror, the offeree must pay the offeror's costs, exclusive of attorney fees, incurred after the offer was made, as fixed by the court. D. The fact that an offer is made but not accepted does not preclude a subsequent offer or a counter offer. When the liability of one party to another has been determined by verdict, order, or judgment, but the amount or extent of the damages remains to be determined by future proceedings, either party may make an offer of judgment, which shall have the same effect as an offer made before trial if it is served within a reasonable time not less than thirty days before the start of hearings to determine the amount or extent of damages. E. For purposes of comparing the amount of money offered in the offer of judgment to the final judgment obtained, which judgment shall take into account any additur or remittitur, the final judgment obtained shall not include any amounts attributable to costs, interest, or attorney fees, or to any other amount which may be awarded pursuant to statute or rule, unless such amount was expressly included in the offer. F. A judgment granted on a motion for judgment on an offer of judgment is a final judgment when signed by the judge; however, an appeal cannot be taken by a party who has consented to the judgment. Acts 1996, 1st Ex. Sess., No. 60, §1, eff. May 9, 1996; Acts 1997, No. 354, §1; Acts 2012, No. 557, §1.
LA Code Civ Pro art. 1001 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1001. Delay for answering

  A defendant shall file his answer within fifteen days after service of citation upon him, except as otherwise provided by law.  When an exception is filed prior to answer and is overruled or referred to the merits, or is sustained and an amendment of the petition ordered, the answer shall be filed within ten days after the exception is overruled or referred to the merits, or ten days after service of the amended petition.  The court may grant additional time for answering. NOTE: Art. 1001 as amended by Acts 2021, No. 174, eff. Jan. 1, 2022. Art. 1001. Delay for answering  A. A defendant shall file his answer within twenty-one days after service of citation upon him, except as otherwise provided by law. If the plaintiff files and serves a discovery request with his petition, the defendant shall file his answer to the petition within thirty days after service of citation and service of discovery request.  B. When an exception is filed prior to answer and is overruled or referred to the merits, or is sustained and an amendment of the petition ordered, the answer shall be filed within fifteen days after the exception is overruled or referred to the merits, or fifteen days after service of the amended petition.  C. The court may grant additional time for answering.  Acts 2021, No. 174, §1, eff. Jan. 1, 2022.
LA Code Civ Pro art. 1002 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1002. Answer or other pleading filed prior to signing of final default judgment

  Notwithstanding the provisions of Article 1001, the defendant may file his answer or other pleading at any time prior to the signing of a final default judgment against him. NOTE: Art. 1002 as amended by Acts 2021, No. 174, eff. Jan. 1, 2022. Art. 1002. Answer or other pleading filed prior to signing of default judgment  Notwithstanding the provisions of Article 1001, the defendant may file his answer or other pleading at any time prior to the signing of a default judgment against him.  Acts 2017, No. 419, §1; Acts 2021, No. 174, §1, eff. Jan. 1, 2022.
LA Code Civ Pro art. 1003 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1003. Form of answer

The answer shall comply with Articles 853, 854, and 863 and, whenever applicable, with Articles 855 through 861. It shall admit or deny the allegations of the petition as required by Article 1004, state in short and concise terms the material facts upon which the defenses to the action asserted are based, and shall set forth all affirmative defenses as required by Article 1005. It shall also contain a prayer for the relief sought. Relief may be prayed for in the alternative.
LA Code Civ Pro art. 1004 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1004. Denials

The answer shall admit or deny the allegations of fact contained in each paragraph of the petition, and all such allegations, other than those as to the amount of damages, are admitted if not denied in the answer. If the defendant is without knowledge or information sufficient to justify a belief as to the truth of an allegation of fact made in the petition, he shall so state and this shall have the effect of a denial. Denials shall fairly meet the substance of the allegations denied. When the defendant intends in good faith to deny only a part of or to qualify an allegation of fact, he shall admit so much of it as is true and material and shall deny or qualify the remainder.
LA Code Civ Pro art. 1005 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1005. Affirmative defenses

The answer shall set forth affirmatively negligence, or fault of the plaintiff and others, duress, error or mistake, estoppel, extinguishment of the obligation in any manner, failure of consideration, fraud, illegality, injury by fellow servant, and any other matter constituting an affirmative defense. If a party has mistakenly designated an affirmative defense as a peremptory exception or as an incidental demand, or a peremptory exception as an affirmative defense, and if justice so requires, the court, on such terms as it may prescribe, shall treat the pleading as if there had been a proper designation. Acts 2008, No. 824, §1, eff. Jan. 1, 2009.
LA Code Civ Pro art. 1006 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1006. Alternative defenses

An answer may set forth two or more defenses in the alternative, even though the factual or legal bases thereof may be inconsistent or mutually exclusive. All allegations in such cases are made subject to the obligations set forth in Article 863.
LA Code Civ Pro art. 1031 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1031. Incidental demands allowed

A. A demand incidental to the principal demand may be instituted against an adverse party, a co-party, or against a third person. B. Incidental demands are reconvention, cross-claims, intervention, and the demand against third parties. Acts 1983, No. 63, §1.
LA Code Civ Pro art. 1032 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1032. Form of petition

An incidental demand shall be commenced by a petition which shall comply with the requirements of Articles 891, 892 and 893. An incidental demand instituted by the defendant in the principal action may be incorporated in his answer to the principal demand. In this event, the caption shall indicate appropriately the dual character of the combined pleading. Amended by Acts 1988, No. 443, §2, eff. Jan. 1, 1989. {{NOTE: SEE ACTS 1988, NO. 443, §3.}}
LA Code Civ Pro art. 1033 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1033. Delay for filing incidental demand

An incidental demand may be filed without leave of court at any time up to and including the time the answer to the principal demand is filed. An incidental demand may be filed thereafter, with leave of court, if it will not retard the progress of the principal action, or if permitted by Articles 1066 or 1092. An incidental demand that requires leave of court to file shall be considered as filed as of the date it is presented to the clerk of court for filing if leave of court is thereafter granted. Amended by Acts 1970, No. 473, §1.
LA Code Civ Pro art. 1034 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1034. Exceptions and motions

A defendant in an incidental action may plead any of the exceptions available to a defendant in a principal action, and may raise any of the objections enumerated in Articles 925 through 927, except that an objection of improper venue may not be urged if the principal action has been instituted in the proper venue. Exceptions pleaded by the defendant in an incidental action shall be subject to all of the provisions of Articles 924 through 934. A party to an incidental action may plead any of the written motions available to a party to a principal action, subject to the provisions of Articles 961 through 969.
LA Code Civ Pro art. 1035 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1035. Answer

The answer in an incidental action shall be filed within the delay allowed by Article 1001, and shall be subject to all of the rules set forth in Articles 1001 and 1003 through 1006. Acts 2014, No. 655, §1.
LA Code Civ Pro art. 1036 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1036. Jurisdiction; mode of procedure

A. Except as otherwise provided in Article 4845, a court shall have jurisdiction over an incidental demand only if it would have had jurisdiction over the demand had it been instituted in a separate suit. The only exceptions to this rule are those provided in the state constitution. B. The mode of procedure employed in the incidental action shall be the same as that used in the principal action, except as otherwise provided by law. Acts 1995, No. 202, §1.
LA Code Civ Pro art. 1037 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1037. Action instituted separately

When a person does not assert in an incidental demand the action which he has against a party to the principal action or a third person, he does not thereby lose his right of action, except as provided in Article 1113, and except as provided in Article 1061. Acts 1990, No. 521, §2, eff. Jan. 1, 1991.
LA Code Civ Pro art. 1038 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1038. Separate trial; separate judgment

The court may order the separate trial of the principal and incidental actions, either on exceptions or on the merits; and after adjudicating the action first tried, shall retain jurisdiction for the adjudication of the other. When the principal and incidental actions are tried separately, the court may render and sign separate judgments thereon. When in the interests of justice, the court may withhold the signing of the judgment on the action first tried until the signing of the judgment on the other.
LA Code Civ Pro art. 1039 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1039. Effect of dismissal of principal action

If an incidental demand has been pleaded prior to motion by plaintiff in the principal action to dismiss the principal action, a subsequent dismissal thereof shall not in any way affect the incidental action, which must be tried and decided independently of the principal action.
LA Code Civ Pro art. 1040 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1040. Words "plaintiff" and "defendant" include plaintiff and defendant in an incidental action

Unless the context clearly indicates otherwise, wherever the words "plaintiff" and "defendant" are used in this Code, they respectively include a plaintiff and a defendant in an incidental demand.
LA Code Civ Pro art. 1041 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1041. When prescribed incidental or third party demand is not barred

  An incidental demand is not barred by prescription or peremption if it was not barred at the time the main demand was filed and is filed within ninety days of date of service of main demand or in the case of a third party defendant within ninety days from service of process of the third party demand.  Added by Acts 1970, No. 472, §1. Amended by Acts 1974, No. 86, §1; Redesignated from C.C.P. Art. 1067 by Acts 2017, No. 419, §5.
LA Code Civ Pro art. 1061 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1061. Actions pleaded in reconventional demand; compulsory

A. The defendant in the principal action may assert in a reconventional demand any causes of action which he may have against the plaintiff in the principal action, even if these two parties are domiciled in the same parish and regardless of connexity between the principal and reconventional demands. B. The defendant in the principal action, except in an action for divorce under Civil Code Article 102 or 103 or in an action under Civil Code Article 186, shall assert in a reconventional demand all causes of action that he may have against the plaintiff that arise out of the transaction or occurrence that is the subject matter of the principal action. Acts 1990, No. 521, §2, eff. Jan. 1, 1991; Acts 1991, No. 367, §2; Acts 2006, No. 344, §2, eff. June 13, 2006.
LA Code Civ Pro art. 1062 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1062. Pleading compensation

Compensation may be asserted in the reconventional demand.
LA Code Civ Pro art. 1063 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1063. Service of reconventional demand; citation unnecessary

The petition in reconvention, whether incorporated in the answer to the principal action or filed separately, shall be served on the plaintiff in the principal action in the manner prescribed by Article 1314. Citation of the plaintiff in the principal action shall not be necessary. Amended by Acts 1972, No. 662, §1.
LA Code Civ Pro art. 1064 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1064. Additional parties

Persons other than those made parties to the original action may be made parties to the reconventional demand. Acts 1995, No. 858, §1.
LA Code Civ Pro art. 1065 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1065. Reconventional demand exceeding principal demand

The reconventional demand may or may not diminish or defeat the recovery sought in the principal demand. It may claim relief exceeding in amount that sought in the principal demand.
LA Code Civ Pro art. 1066 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1066. Action matured or acquired after pleading

An action which either matured or was acquired by the defendant in the principal action after answer may be presented, with the permission of the court, as a reconventional demand by supplemental pleading.
LA Code Civ Pro art. 1071 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1071. Cross-claims

A party by petition may assert as a cross-claim a demand against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or a reconventional demand or relating to any property that is the subject matter of the original action. The cross-claim may include a demand that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of the demand asserted in the action against the cross-claimant. Added by Acts 1983, No. 63, §1.
LA Code Civ Pro art. 1072 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1072. Service of cross-claim, citation unnecessary

The petition in a cross-claim shall be served on the co-party in the manner prescribed by Article 1314. Citation of the co-party shall not be necessary. Added by Acts 1983, No. 63, §1.
LA Code Civ Pro art. 1073 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1073. Additional parties

Persons other than those made parties to the original action may be made parties to a cross-claim. Added by Acts 1983, No. 63, §1.
LA Code Civ Pro art. 1091 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 1091. Third person may intervene

A third person having an interest therein may intervene in a pending action to enforce a right related to or connected with the object of the pending action against one or more of the parties thereto by:  (1) Joining with plaintiff in demanding the same or similar relief against the defendant;  (2) Uniting with defendant in resisting the plaintiff's demand; or  (3) Opposing both plaintiff and defendant.