reglab/housing_qa huggingface dataset:
LA Code Civ Pro art. 4548 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4548. Burden of proof

The petitioner in an interdiction proceeding bears the burden of proof by clear and convincing evidence. Amended by Acts 1961, No. 23, §1; Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001; Acts 2003, No. 1008, §2.
LA Code Civ Pro art. 4549 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4549. Temporary and preliminary interdiction; attorney

A. Temporary Interdiction: (1) When the court finds that immediate and irreparable injury, loss, or damage will result to the person or property of the defendant before a hearing can be held, the court may order temporary interdiction without notice and without an adversarial hearing. In that order, the court shall state why the order was granted without notice and without an adversarial hearing and shall schedule a preliminary interdiction hearing to be held not more than ten days following the signing of the ex parte judgment of temporary interdiction. On motion of the defendant or for extraordinary reasons shown at a contradictory hearing, the court may continue the hearing for one additional period not to exceed ten days. (2) A pleading requesting ex parte temporary interdiction shall be accompanied by all of the following: (a) An affidavit by a licensed physician or psychologist attesting to facts supporting the claim that all grounds for temporary interdiction set forth in Civil Code Article 391 exist. (b) A verified petition or affidavit attesting to facts supporting the claim that immediate and irreparable injury, loss, or damage will result to the person or property of the defendant before he or his attorney can be heard. (c) An affidavit by the movant or his attorney attesting to the efforts made to give notice to the defendant or the reasons supporting a claim that notice should not be required. B. Preliminary Interdiction: (1) The court shall not grant a judgment of preliminary interdiction prior to an adversarial hearing. The court shall conduct a preliminary interdiction hearing within twenty days of signing the order scheduling the hearing. (2) No later than seventy-two hours prior to a preliminary interdiction hearing, all orders, pleadings, and supporting documents shall be served personally on the defendant and his attorney. To the extent possible, the movant shall give reasonable notice of the preliminary interdiction hearing to all other persons named in the petition. C. Attorney. In an ex parte judgment of temporary interdiction and in every order scheduling a preliminary interdiction hearing, the court shall appoint an attorney to represent the defendant. If the defendant either retains his own attorney, or intelligently and voluntarily waives the assistance of an attorney, the court shall discharge the court-appointed attorney. Acts 1983, No. 344, §1; Acts 1997, No. 1117, §2; Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001; Acts 2003, No. 1008, §2.
LA Code Civ Pro art. 4550 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4550. Costs and attorney fees

The court may render judgment for costs and attorney fees, or any part thereof, against any party, as the court may consider fair. However, no attorney fees shall be awarded to a petitioner when judgment is granted against the petitioner or the petition is dismissed on the merits. Amended by Acts 1981, No. 304, §1; Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001.
LA Code Civ Pro art. 4551 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4551. Judgment

  A. In the judgment of interdiction, the court shall:  (1) Appoint a curator.  (2) Appoint an undercurator, unless an undercurator is not required by law.  (3) State that the powers of the curator commence only upon qualification.  (4) Direct the clerk of court to record the judgment in the conveyance and mortgage records of the parish where it was rendered.  (5) Set forth the name, domicile, age, and current address of the defendant. B. In addition, a judgment of limited interdiction shall confer upon the limited curator only those powers necessitated by the interests of the limited interdict to be protected through limited interdiction and shall state that the limited interdict retains the capacity of a natural person except as expressly limited by the judgment.  C. In addition, a judgment granting or extending temporary or preliminary interdiction shall set forth the date of termination.  Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001; Acts 2016, No. 122, §1.
LA Code Civ Pro art. 4552 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4552. Recordation of notice of suit and judgment

A. The clerk of court shall cause to be recorded a notice of the filing of the interdiction suit in the conveyance and mortgage records of the parish in which the interdiction action is pending. The clerk of court shall record every judgment granting, modifying, or terminating interdiction in the conveyance and mortgage records of the parish in which the judgment was rendered. B. Within fifteen days of his qualification, the curator shall cause the judgment of interdiction to be recorded in the conveyance and mortgage records of every other parish in which the interdict owns immovable property. Within fifteen days from the signing of a judgment modifying or terminating interdiction, the curator shall cause it to be recorded in the conveyance and mortgage records of every other parish in which the interdict owns immovable property. C. A clerk or curator whose failure to perform his duties causes damage is liable only to those who contract with the interdict and who neither knew nor should have known of the interdiction proceedings or judgment. Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001; Acts 2003, No. 1008, §2.
LA Code Civ Pro art. 4553 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4553. Post-judgment proceedings

A. Except for good cause shown, the court and division or section rendering an interdiction judgment shall conduct all post-judgment proceedings related to the interdiction. B. Except for good cause shown, all proceedings for injunction pursuant to Article 3601 et seq., including ancillary proceedings, involving an interdicted person as applicant or as an adverse party, shall be conducted by the court and division or section rendering the interdiction judgment. C. Any proceeding under this Article pending in any court or division, or section, other than the court and division or section rendering the interdiction judgment, shall be transferred immediately to the court and division or section rendering the interdiction judgment upon motion of any party or upon motion of the court. Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001; Acts 2008, No. 806, §1, eff. July 7, 2008.
LA Code Civ Pro art. 4554 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4554. Modification or termination of interdiction

On motion of the court or any person, including the interdict, the court may modify or terminate its judgment when the court finds, by a preponderance of the evidence, that the terms of that judgment are currently either excessive or insufficient or that the ability of the interdict to care for his person or property has so changed as to warrant modification or termination. Except for good cause, the court shall follow substantially the same procedures that apply to an original petition for interdiction before it modifies or terminates an interdiction judgment. Amended by Acts 1962, No. 92, §1; Acts 1991, No. 143, §2; Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001.
LA Code Civ Pro art. 4555 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4555. Appeal

An appeal from a judgment of interdiction, an order or judgment appointing or removing a curator or undercurator, or a judgment modifying or terminating interdiction shall be taken within thirty days from the applicable date provided by Article 2087. The order or judgment is not suspended during the pendency of an appeal. The acts of a curator or an undercurator shall not be invalidated by the annulment of his appointment on appeal. Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001.
LA Code Civ Pro art. 4556 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4556. Ancillary interdiction procedure

  A. Upon producing proof of his appointment, a conservator who was appointed by a court outside of Louisiana may appear in court on behalf of the protected person without qualifying as a curator according to the law of Louisiana when no curator has been appointed in this state. In accordance with the authority set forth in his letters, such a conservator may perform acts affecting the protected person's property in Louisiana when authorized by the court of the parish in which the property is located. Once so authorized, the conservator shall act in the same manner and in accordance with the same procedures as a curator appointed by a court in Louisiana. Whenever the action of an undercurator would be necessary, the court shall appoint an undercurator ad hoc.  B. In order to take possession of the protected person's property, or to remove any of it from the state, a conservator appointed by a court outside Louisiana shall file a petition for authority to do so in the court of the parish in which any of the property is located. The court shall render a judgment granting the authority prayed for if the foreign conservator alleges in the petition that there are no Louisiana creditors of the protected person, or that all such known creditors have been paid, and if the foreign conservator attaches to the petition an irrevocable power of attorney appointing a resident of this state to receive service of process in any action or proceeding brought in Louisiana to enforce a claim against the protected person, or against any of the protected person's property located in this state.  Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001; Acts 2016, No. 333, §2.
LA Code Civ Pro art. 4561 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4561. Appointment of curator

A. The court shall appoint as curator the qualified person who is best able to fulfill the duties of his office. B.(1) The following persons are not qualified to serve as a curator of an interdict: (a) A person under eighteen years of age. (b) An interdicted person. (c) A nonresident of the state without a resident agent for service of process. (2) Except for good cause shown, the following persons are not qualified to serve as a curator of an interdict: (a) A convicted felon. (b) A person indebted to the interdict at the time of appointment. (c) An adverse party in a lawsuit pending against the interdict at the time of appointment. (d) An owner, operator, or employee of long-term care institutions where the interdict is receiving care, unless he is related to the interdict. C.(1) The court shall consider the qualified persons in the following order of preference: (a) A person designated by the defendant in a writing signed by him while he had sufficient ability to communicate a reasoned preference. (b) The spouse of the defendant. (c) An adult child of the defendant. (d) A parent of the defendant. (e) An individual with whom the defendant has resided for more than six months prior to the filing of the petition. (f) Any other person. (2) The court may appoint separate curators for the person and affairs of the interdict pursuant to Article 4069. D. At any time prior to qualification, the court may revoke the appointment for good cause and appoint another qualified person. Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001.
LA Code Civ Pro art. 4562 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4562. Qualification of curator

A. The person appointed qualifies as curator upon furnishing the security required by law and taking an oath to discharge faithfully the duties of his office. B.(1) If the person fails to qualify for office within ten days from his appointment or within such other period specified by the court, the court on its own motion, or on motion of any interested person, may revoke the appointment and appoint another qualified person. (2) The delay allowed for qualification may be extended by the court for good cause. C. The court rendering an interdiction judgment may issue any protective order necessary to protect the interest of the interdict in the interim between the appointment and qualification of the curator. Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001.
LA Code Civ Pro art. 4563 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4563. Inventory and security

A. The person appointed as the curator shall furnish security conditioned on the faithful discharge of his duties. The rules provided in Articles 4101 through 4102, 4131 through 4133, and 4136 apply to curatorship of interdicts. Provisions establishing special rules for natural tutors and parents shall not apply in the context of interdiction and curatorship. B. A detailed descriptive list, sworn to and subscribed by the applicant setting forth the fair market value of each item of property of the interdict, shall be permitted in lieu of an inventory in interdiction matters, unless otherwise ordered by the court. Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2000.
LA Code Civ Pro art. 4564 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4564. Letters of curatorship

Upon qualification of the appointed curator, the court or clerk thereof shall issue letters of curatorship in the name and under the seal of the court. The letters shall set forth the date of the qualification of the curator and the date, if any, on which the letters expire. Letters of curatorship issued to a limited curator shall also set forth the powers of the limited curator. Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001.
LA Code Civ Pro art. 4565 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4565. Undercurators

  A.(1) The court shall appoint as undercurator the qualified person best able to fulfill the duties of his office. The person appointed as undercurator qualifies by taking an oath to discharge faithfully the duties of his office.  (2) At any time prior to qualification, the court may revoke the appointment for good cause and appoint another qualified person.  (3) If a person fails to qualify within ten days from his appointment or within the period specified by the court, the court on its own motion or on motion of any interested person, may revoke the appointment and appoint another qualified person. The delay allowed for qualification may be extended by the court for good cause.  B. The undercurator shall:  (1) Notify the court when the curator has failed to qualify timely for office.  (2) Have free access to the interdict and to all records relating to the interdict relevant to his office.  (3) Review all accounts and personal reports filed by the curator.  (4) Notify the court when he has reason to believe that the curator has failed to perform any duties imposed by law, including the duties to file necessary accounts and personal reports, and to maintain adequate security.  (5) Approve or disapprove any transactions that require his concurrence.  (6) Move to appoint a successor for a curator who becomes disqualified or whose office terminates.  (7) Move to appoint a successor for a curator who violates any of the provisions of Article 4566.  C. The undercurator shall have no duties, either express or implied, other than those set forth in this Article and in Civil Code Article 393.  Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001; Acts 2016, No. 110, §2, eff. May 19, 2016.
LA Code Civ Pro art. 4566 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4566. Management of affairs of the interdict

  A. Except as otherwise provided by law, the relationship between interdict and curator is the same as that between minor and tutor. The rules provided by Articles 4261 through 4269, 4270 through 4274, 4301 through 4342, and 4371 apply to curatorship of interdicts. Nevertheless, provisions establishing special rules for natural tutors and parents shall not apply in the context of interdiction.  B. A curator who owns an interest in property with the interdict or who holds a security interest or lien that encumbers the property of the interdict may acquire the property, or any interest therein, from the interdict upon compliance with Article 4271, with prior court authorization, and when it would be in the best interest of the interdict. Except for good cause shown, the court shall appoint an independent appraiser to value the interest to be acquired by the curator.  C. A curator may accept donations made to the interdict. A curator shall not make donations of the property of the interdict except as provided by law.  D. A curator may place the property of the interdict in trust in accordance with the provisions of Article 4269.1. The trust shall be subject to termination at the option of the interdict upon termination of the interdiction, or if the interdict dies during the interdiction, at the option of his heirs or legatees.  E. A curator shall inform the undercurator reasonably in advance of any material changes in the living arrangements of the interdict and any transactions materially affecting his person or affairs.  F. A curator shall not establish or move the place of dwelling of the interdict outside this state without prior court authorization.  G. A curator may not consent to an abortion or sterilization of the interdict without prior court authorization.  H. Neither a curator nor a court shall admit or commit an interdict to a mental health treatment facility except in accordance with the provisions of R.S. 28:50 through 64.  I. A curator appointed in an order of temporary interdiction shall have no authority to admit the defendant to a residential or long- term care facility in the absence of good cause shown at a contradictory hearing.  J. A curator shall allow communication, visitation, and interaction between an interdict who is over the age of eighteen years and a relative of the interdict by blood, adoption, or affinity within the third degree, or another individual who has a relationship with the interdict based on or productive of strong affection if it would serve the best interest of the interdict.  K. Notwithstanding the requirements of Article 4270 or any other provision of law to the contrary, a curator shall have authority to access deposit accounts held in the name of the interdict and authority to establish and maintain deposit accounts in the name of the "curator on behalf of the interdict", unless the letters of curatorship expressly limit such authority.  Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001; Acts 2016, No. 110, §2, eff. May 19, 2016; Acts 2021, No. 163, §1.
LA Code Civ Pro art. 4567 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4567. Expenses of interdict and legal dependents

The curator shall expend that portion of the revenue from the property of the interdict as is necessary to care properly for his person or affairs, and with court authorization, to support his legal dependents. If the revenue is insufficient for these purposes, the curator may expend the capital of the interdict, with court authorization in the manner provided by Article 4271. Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001.
LA Code Civ Pro art. 4568 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4568. Removal of curator or undercurator

  On motion of any interested person, or on its own motion, the court may remove a curator or undercurator from office for good cause. Good cause may include but not be limited to a violation of Article 4566(J). Unless otherwise ordered by the court, removal of the curator or undercurator by the court is effective upon qualification of the appointed successor.  Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001; Acts 2016, No. 110, §2, eff. May 19, 2016.
LA Code Civ Pro art. 4569 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4569. Post-judgment monitoring and reporting

A. A curator with responsibility for affairs of the interdict shall file an account annually, upon the termination of his office, and at any other time ordered by the court. A curator with responsibility for the person of an interdict shall file a personal report describing the location and condition of the interdict annually, upon the termination of his responsibilities, and at any other time ordered by the court. At the time of filing, the curator shall send copies of any required account or personal report by first class United States mail postage prepaid to the undercurator and any successor curator. The provisions of Articles 4393 and 4398 shall apply to accounts by curators. B. The court may appoint an examiner at any time to review an account or personal report of the curator, to interview the interdict, curator, or undercurator, or to make any other investigation. At any time, the court may appoint an attorney to represent the interdict. Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001.
LA Code Civ Pro art. 4570 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4570. Cause of action for visitation with the interdict

  A. Any relative of an interdict by blood, adoption, or affinity within the third degree, or an individual who has a relationship with the interdict based on or productive of strong affection may file a rule to show cause seeking visitation, communication, or interaction with an interdict who is over the age of eighteen years.  B. Any person filing a cause of action pursuant to Paragraph A of this Article may request an expedited hearing on the cause of action, and upon showing of good cause, shall be entitled to an expedited hearing.  C. Good cause shall include but is not limited to a showing that the interdict suffers from an illness or condition because of which he is not likely to survive beyond six months.  Acts 2016, No. 110, §2, eff. May 19, 2016.
LA Code Civ Pro art. 4601 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4601. Methods of partition

Partition of property may be made either nonjudicially or judicially.
LA Code Civ Pro art. 4602 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4602. Judicial partition

Partition must be judicial when:  (1) A party is an unrepresented absentee, minor, or mental incompetent; or  (2) All the interested parties cannot agree upon a nonjudicial partition.
LA Code Civ Pro art. 4603 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4603. Same; procedure; venue

A person desiring a judicial partition of property shall petition for it in a court of competent jurisdiction. The partition proceeding shall be brought in the venue provided by Article 80(2) if the property sought to be partitioned is immovables, or both movables and immovables; or in the parish where some of the property is situated, if it consists only of movables. Except as otherwise provided by law, a partition proceeding is subject to the rules regulating ordinary proceedings.
LA Code Civ Pro art. 4604 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4604. Inventory

The court may order that an inventory be made of all property sought to be partitioned, in accordance with the provisions of Articles 3131 through 3137.
LA Code Civ Pro art. 4605 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4605. Preference; appointment of notary; discretion of court

A partition proceeding shall be tried with preference over other ordinary proceedings. After the trial of the proceeding, if the court finds that the plaintiff is entitled to a partition of the property, the court shall appoint a notary to make the partition in accordance with law. Except as otherwise provided in Article 4606, the court has discretion to direct the manner and conditions of effecting the partition, so that it will be most advantageous and convenient to the parties.
LA Code Civ Pro art. 4606 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4606. Partition in kind

Except as otherwise provided by law, or unless the property is indivisible by nature or cannot conveniently be divided, the court shall order the partition to be made in kind.