reglab/housing_qa huggingface dataset:
LA Code Civ Pro art. 5153 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 5153. Transferee in revocatory action; right to plead discussion

When a revocatory action is brought by a creditor to set aside a transfer of property made by his debtor, the transferee may plead discussion to compel the creditor to obtain and execute a judgment against the debtor before setting the transfer aside.
LA Code Civ Pro art. 5154 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 5154. Third possessor's right to plead

When a legal or judicial mortgage securing an indebtedness due by a former owner of property is sought to be enforced against the property after its acquisition by a third possessor, the latter may plead discussion to compel the mortgagee to enforce the mortgage against other property affected thereby, which is owned by the mortgagor, or which has been acquired from the mortgagor by a third person after the third possessor acquired his property.
LA Code Civ Pro art. 5155 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 5155. Pleading discussion

A third possessor may plead discussion in an injunction suit to restrain the enforcement of a legal or judicial mortgage against his property. Discussion may be pleaded by a surety or transferee in a revocatory action only in the dilatory exception. In pleading discussion, the secondary obligor shall:  (1) Point out by a description sufficient to identify it, property in the state belonging to the primary obligor, or otherwise subject to discussion, which is not in litigation, is not exempt from seizure, is free of mortgages and privileges, and is worth more than the total amount of the judgment or mortgage; and  (2) Deposit into the registry of the court, for the use of the creditor, an amount sufficient to defray the costs of executing the judgment or enforcing the mortgage against the property discussed.
LA Code Civ Pro art. 5156 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 5156. Effect of discussion

When discussion is pleaded successfully by a third possessor, or by the transferee in a revocatory action, the court shall stay proceedings against the third possessor or transferee until the creditor has executed his judgment against the property discussed. When discussion is pleaded successfully by a surety and the principal is joined, the court may render judgment against both the principal and the surety, but shall order the creditor to execute his judgment against the property discussed. If the principal is not joined in the action initially, the court shall order his joinder if he is subject to its jurisdiction, and may then proceed as provided in this paragraph. If the creditor is not able to satisfy his judgment out of the proceeds of the judicial sale of the property discussed, he may thereafter proceed as if discussion had not been pleaded.
LA Code Civ Pro art. 5181 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 5181. Privilege of litigating without prior payment of costs

A. Except as provided in Paragraph B of this Article, an individual who is unable to pay the costs of court because of his poverty and lack of means may prosecute or defend a judicial proceeding in any trial or appellate court without paying the costs in advance or as they accrue or furnishing security therefor. B. In the event any person seeks to prosecute a suit in a court of this state while incarcerated or imprisoned for the commission of a felony without paying the costs in advance as they accrue or furnishing security thereof, the court shall require such person to advance costs in accordance with the following schedule:  Prisoner's Present AssetsAdvance Cost To Be PaidMinimumMaximumMinimumMaximumAmountAmountAmountAmount$ 0.00$ 20.00$ 0.00$ 3.00$ 20.01$ 45.00$ 3.00$ 9.00$ 45.01$ 65.00$ 9.00$ 15.00$ 65.01$ 85.00$ 15.00$ 21.00$ 85.01$ 105.00$ 21.00$ 27.00$ 105.01$ 125.00$ 27.00$ 33.00$ 125.01$ 145.00$ 33.00$ 39.00$ 145.01$ 165.00$ 39.00$ 45.00$ 165.01$ 185.00$ 45.00$ 51.00$ 185.01$ 205.00$ 51.00$ 57.00$ 205.01$ 225.00$ 57.00$ 63.00$ 225.01$ 245.00$ 63.00$ 69.00$ 245.01$ 265.00$ 69.00$ 75.00$ 265.01$ 285.00$ 75.00$ 81.00$ 285.01$ 305.00$ 81.00$ 87.00$ 305.01$ 325.00$ 87.00$ 93.00$ 325.01$ 345.00$ 93.00$ 99.00$ 345.01$ 365.00$ 99.00$ 105.00$ 365.01Up$ 105.00 to all advancecost.C. The court for good cause shown may require a prisoner to pay more or less advance cost than is required by the schedule in Paragraph B of this Article if the court finds that the prisoner's prior financial record makes reliance on his present economic status inappropriate. Amended by Acts 1964, No. 336, §1; Acts 1972, No. 663, §1. Acts 1984, No. 509, §1.
LA Code Civ Pro art. 5182 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 5182. Restrictions on privilege

The privilege granted by this Chapter shall be restricted to litigants who are clearly entitled to it, with due regard to the nature of the proceeding, the court costs which otherwise would have to be paid, and the ability of the litigant to pay them or furnish security therefor, so that the fomentation of litigation by an indiscriminate resort thereto may be discouraged, without depriving a litigant of its benefits if he is entitled thereto.
LA Code Civ Pro art. 5183 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 5183. Affidavits of poverty; documentation; order

  A. A person who wishes to exercise the privilege granted in this Chapter shall apply to the court for permission to do so in his first pleading, or in an ex parte written motion if requested later, to which the applicant shall annex the following:  (1) The applicant's affidavit that the applicant is unable to pay the costs of court in advance, or as they accrue, or to furnish security therefor, because of the applicant's poverty and lack of means, accompanied by any supporting documentation.  (2) The affidavit of a third person other than the applicant's attorney that he knows the applicant, knows the applicant's financial condition, and believes that the applicant is unable to pay the costs of court in advance, or as they accrue, or to furnish security therefor.  (3) A recommendation from the clerk of court's office as to whether or not it feels the litigant is in fact indigent, and thus unable to pay the cost of court in advance, or as they accrue, or to furnish security therefor, if required by local rule of the court.  B.(1) Upon the filing of the completed application and supporting affidavits, the court shall render an order that does one of the following:  (a) Grants the application and allows the applicant to litigate or to continue the litigation without paying the costs in advance.  (b) Denies the application with written reasons for such denial.  (c) Sets the matter for a contradictory hearing.  (2) The submission by the applicant of supporting documentation that the applicant is receiving public assistance benefits or that the applicant's income is less than or equal to one hundred twenty-five percent of the federal poverty level shall create a rebuttable presumption that the applicant is entitled to the privilege granted in this Chapter. If the court finds that the presumption has been rebutted, it shall provide written reasons for its finding.  (3) The court may reconsider its original order granting the application on its own motion at any time in a contradictory hearing.  Amended by Acts 1984, No. 456, §1; Acts 1997, No. 1122, §1, eff. July 14, 1997; Acts 1997, No. 1205, §1; Acts 2021, No. 416, §1.
LA Code Civ Pro art. 5184 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 5184. Traverse of affidavits of poverty

A. An adverse party or the clerk of the court in which the litigation is pending may traverse the facts alleged in the affidavits of poverty, and the right of the applicant to exercise the privilege granted in this Chapter, by a rule against him to show cause why the order of court permitting him to litigate, or to continue the litigation, without paying the costs in advance, or as they accrue, or furnishing security therefor, should not be rescinded. However, only one rule to traverse the affidavit of poverty shall be allowed, whether the rule is filed by an adverse party or the clerk of court. B. The court shall rescind its order if, on the trial of the rule to traverse, it finds that the litigant is not entitled to exercise the privilege granted in this Chapter. Acts 1990, No. 179, §1.
LA Code Civ Pro art. 5185 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 5185. Rights of party permitted to litigate without payment of costs

  A. When an order of court permits a party to litigate without the payment of costs until this order is rescinded or expires, the party is entitled to:  (1) All services required by law of a sheriff, clerk of court, court reporter, notary, or other public officer in, or in connection with, the judicial proceeding, including but not limited to the filing of pleadings and exhibits, the issuance of certificates, the certification of copies of notarial acts and public records, the issuance and service of subpoenas and process, the taking and transcribing of testimony, and the preparation of a record of appeal.  (2)(a) The right to the compulsory attendance of not more than six witnesses for the purpose of testifying, either in court or by deposition, without the payment of the fees, mileage, and other expenses allowed these witnesses by law. If a party has been permitted to litigate without full payment of costs and is unable to pay for witnesses desired by the party, in addition to those summoned at the expense of the parish, the party shall make a sworn application to the court for the additional witnesses. The application shall allege that the testimony is relevant and material and not cumulative and that the defendant cannot safely go to trial without it. A short summary of the expected testimony of each witness shall be attached to the application.  (b) The court shall make a private inquiry into the facts and, if satisfied that the party is entitled to the privilege, shall render an order permitting the party to subpoena additional witnesses at the expense of the parish. If the application is denied, the court shall state the reasons for the denial in writing, which shall become part of the record.  (3) The right to a trial by jury and to the services of jurors, when allowed by law and applied for timely.  (4) The right to have any judgment or order filed and to receive one certified copy of the judgment or order.  (5) The right to a devolutive appeal, and to apply for supervisory writs.  B. The party is not entitled to a suspensive appeal, or to an order or judgment required by law to be conditioned on his furnishing security other than for costs, unless the party furnishes the necessary security therefor.  C. No public officer is required to make any cash outlay to perform any duty imposed on him under any Article in this Chapter, except to pay witnesses summoned at the expense of the parish the witness fee and mileage to which they are entitled.  Amended by Acts 1964, No. 4, §1. Acts 1984, No. 541, §1; Acts 2021, No. 416, §1.
LA Code Civ Pro art. 5186 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 5186. Account and payment of costs

An account shall be kept of all costs incurred by a party who has been permitted to litigate without the payment of costs, by the public officers to whom these costs would be payable. If judgment is rendered in favor of the indigent party, the party against whom the judgment is rendered shall be condemned to pay all costs due such officers, who have a privilege on the judgment superior to the rights of the indigent party or his attorney. If judgment is rendered against the indigent plaintiff and he is condemned to pay court costs, an affidavit of the account by an officer to whom costs are due, recorded in the mortgage records, shall have the effect of a judgment for the payment due. Amended by Acts 1981, No. 545, §1; Acts 1993, No. 852, §1; Acts 1997, No. 408, §1.
LA Code Civ Pro art. 5187 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 5187. Compromise; dismissal of proceedings prior to judgment

No compromise shall be effected unless all costs due these officers have been paid. Should any compromise agreement be entered into in violation of this article, each party thereto is liable to these officers for all costs due them at the time. No judicial proceeding in which a party has been permitted to litigate without the payment of costs shall be dismissed prior to judgment, unless all costs due these public officers have been paid, or there is annexed to the written motion to dismiss the certificates of all counsel of record that no compromise has been effected or is contemplated. No release of a claim or satisfaction of a judgment shall be effective between the parties to a judicial proceeding in which one of the parties has been permitted to litigate without the payment of costs unless all costs due the clerk of court have been paid. The clerk of court shall have a lien for the payment of such costs superior to that of any other party on any monies or other assets transferred in settlement of such claim or satisfaction of such judgment and shall be entitled to collect reasonable attorney's fees in any action to enforce this lien for the payment of such costs. Amended by Acts 1982, No. 533, §1.
LA Code Civ Pro art. 5188 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 5188. Unsuccessful party condemned to pay costs

Except as otherwise provided by Articles 1920 and 2164, if judgment is rendered against a party who has been permitted to litigate without the payment of costs, he shall be condemned to pay the costs incurred by him, in accordance with the provisions of Article 5186, and those recoverable by the adverse party. The failure of the indigent party to pay the costs specified in this Article shall not prevent entry of a judgment in favor of any party who is not responsible for the costs. Acts 1993, No. 852, §1; Acts 2012, No. 741, §1.
LA Code Crim Pro art. 1 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 1. Short title; citation of Code

This Code shall be known as the Louisiana Code of Criminal Procedure and may be cited officially: C.Cr.P.
LA Code Crim Pro art. 2 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 2. Purpose and construction

The provisions of this Code are intended to provide for the just determination of criminal proceedings. They shall be construed to secure simplicity in procedure, fairness in administration, and the elimination of unjustifiable delay.
LA Code Crim Pro art. 3 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 3. Procedures not otherwise specified

Where no procedure is specifically prescribed by this Code or by statute, the court may proceed in a manner consistent with the spirit of the provisions of this Code and other applicable statutory and constitutional provisions.
LA Code Crim Pro art. 4 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 4. Number; gender

Unless the context clearly indicates otherwise:  (1) Words used in the singular number apply also to the plural; words used in the plural number include the singular; and  (2) Words used in one gender apply also to the other.
LA Code Crim Pro art. 5 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 5. Mandatory and permissive language

The word "shall" is mandatory, and the word "may" is permissive.
LA Code Crim Pro art. 6 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 6. Conjunctive, disjunctive, or both

Unless the context clearly indicates otherwise:  (1) The word "and" indicates the conjunctive;  (2) The word "or" indicates the disjunctive;  (3) When the article is phrased in the disjunctive, followed by the words "or both," both the conjunctive and disjunctive are intended; and  (4) The word "and" or "or" between the last two items in a series applies to the entire series.
LA Code Crim Pro art. 7 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 7. Municipal and parochial officers included

Unless the context clearly indicates the contrary, the term "district attorney" includes a municipal prosecuting officer; the term "sheriff" includes a city or municipal police chief or a city marshall; and other official titles include their counterparts in municipal and parochial governments.
LA Code Crim Pro art. 8 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 8. Assistants and deputies included

Unless the context clearly indicates the contrary, official titles, such as clerk of court, coroner, district attorney, and sheriff, include assistants and deputies.
LA Code Crim Pro art. 9 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 9. References to Code articles or statutory sections

Unless the context clearly indicates the contrary:  (1) A reference in this Code to a title, chapter, or article, without further designation, means a title, chapter, or article of this Code; and  (2) A reference in this Code to a title, chapter, or article of a code, or to any statutory or constitutional provision, applies to subsequent amendments thereof.
LA Code Crim Pro art. 10 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 10. Article headings, source notes, and comments not part of law

The headings of the articles of this Code, and the source notes and comments thereunder do not constitute parts of the law.
LA Code Crim Pro art. 11 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 11. Clerical and typographical errors disregarded

Clerical and typographical errors in this Code shall be disregarded when the legislative intent is clear.
LA Code Crim Pro art. 12 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 12. Pleading a statute

In pleading a state statute of Louisiana or an ordinance of a political subdivision thereof, a state statute of another state of the United States, or a federal statute, or a right derived therefrom or an obligation created thereby, it is sufficient to refer to the statute or ordinance by an official method of citation, by its title, or in any other manner which identifies the statute or ordinance.
LA Code Crim Pro art. 13 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 13. Computation of time

In computing a period of time allowed or prescribed by law or by order of court, the date of the act, event, or default after which the period begins to run is not to be included. The last day of the period is to be included, unless it is a legal holiday, in which event the period runs until the end of the next day which is not a legal holiday. A half-holiday is considered as a legal holiday. A legal holiday is to be included in the computation of a period of time allowed or prescribed, except when:  (1) It is expressly excluded;  (2) It would otherwise be the last day of the period; or  (3) The period is less than seven days.
LA Code Crim Pro art. 14 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 14. Oath or affirmation in criminal proceedings; witness

A. If a person refuses to take an oath or to make a sworn statement or affidavit required in connection with any criminal proceedings, he may affirm in lieu of swearing, and his affirmation shall fulfill the requirement and shall have the same legal effect as an oath, sworn statement, or affidavit. B. 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. Acts 1988, No. 515, §3, eff. Jan. 1, 1989.
LA Code Crim Pro art. 15 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 15. Courts to which applicable; military not affected

A. The provisions of this Code, except as otherwise specially provided by other statutes, shall govern and regulate the procedure in criminal prosecutions and proceedings in district courts. They also shall govern criminal prosecutions in city, parish, juvenile, and family courts, except insofar as a particular provision is incompatible with the general nature and organization of, or special procedures established or authorized by law for, those courts. B. This Code shall not affect any power conferred by law upon any court martial, military authority, or military officer to impose or inflict punishment upon offenders.
LA Code Crim Pro art. 16 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 16. Jurisdiction and powers of courts

Courts have the jurisdiction and powers over criminal proceedings that are conferred upon them by the constitution and statutes of this state, except as their statutory jurisdiction and powers are restricted, enlarged, or modified by the provisions of this Code.
LA Code Crim Pro art. 17 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 17. Inherent power and authority of courts

A court possesses inherently all powers necessary for the exercise of its jurisdiction and the enforcement of its lawful orders, including authority to issue such writs and orders as may be necessary or proper in aid of its jurisdiction. It has the duty to require that criminal proceedings shall be conducted with dignity and in an orderly and expeditious manner and to so control the proceedings that justice is done. A court has the power to punish for contempt.
LA Code Crim Pro art. 18 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 18. Adoption of local rules of court

A court may adopt rules for the conduct of criminal proceedings before it, not in conflict with provisions of this Code or of other laws. When a court has more than one judge, its rules shall be adopted or amended by a majority of the judges thereof, sitting en banc. The rules shall be entered on the minutes of the court, and a copy shall be furnished on request to any attorney licensed to practice law in this state.
LA Code Crim Pro art. 19 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 19. Special sessions of court

A court may call a special criminal session at any time, including vacation, and any criminal proceeding or prosecution may be tried or heard during the special session.
LA Code Crim Pro art. 20 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 20. Contempt of court; kinds of contempt

A contempt of court is an act or omission tending to obstruct or interfere with the orderly administration of justice, or to impair the dignity of the court or respect for its authority. Contempts of court are of two kinds, direct and constructive.