reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4106. Deficiency judgment prohibited if sale made without appraisement

RS 13:4106 - Deficiency judgment prohibited if sale made without appraisement
A. Unless otherwise provided by law, if a mortgagee or other creditor takes advantage of a waiver of appraisement of his property, movable, immovable, or both, by a debtor, and the proceeds of the judicial sale thereof are insufficient to satisfy the debt for which the property was sold, the debt nevertheless shall stand fully satisfied and discharged insofar as it constitutes a personal obligation of the debtor. The mortgagee or other creditor shall not have a right thereafter to proceed against the debtor or any of his other property for such deficiency, except as otherwise provided by law or as provided in the next Subsection.
B. If a mortgage or pledge affects two or more properties, movable, immovable, or both, the judicial sale of any property so affected without appraisement shall not prevent the enforcement of the mortgage or pledge in rem against any other property affected thereby.
C. This Section is limited to judicial sales of mortgaged property and shall not apply to public or private sales of collateral subject to Chapter 9 of the Louisiana Commercial Laws or any similar statute.
Amended by Acts 1952, No. 20, §1; Acts 1960, No. 32, §1, eff. Jan. 1, 1961; Acts 1989, No. 137, §8, eff. Sept. 1, 1989.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4107. R.S. 13:4106 cannot be waived; operation prospective

RS 13:4107 - R.S. 13:4106 cannot be waived; operation prospective
R.S. 13:4106 declares a public policy and the provisions thereof can not, and shall not be waived by a debtor, but it shall only apply to mortgages, contracts, debts or other obligations made, or arising on or after August 1, 1934.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4108. Transactions which do not bar deficiency judgment

RS 13:4108 - Transactions which do not bar deficiency judgment
Notwithstanding any other law to the contrary, including but not limited to R.S. 13:4106 and 4107, none of the following actions by a mortgagee or other creditor shall prohibit the mortgagee or other creditor from obtaining a deficiency judgment against any debtor, guarantor, or surety, notwithstanding the fact that a sale of property or collateral may have occurred at a judicial sale without appraisal, at a public or private sale with or without appraisal, or at a judicial sale with a defective appraisal:
(1) A sale through the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, of any pledged stock, bonds, or options registered or traded on such exchanges.
(2) A sale through the Chicago Commodity Exchange of any pledged options registered or traded on such exchange.
(3) A sale pursuant to an order of a United States Bankruptcy Court, or of a United States District Court sitting in bankruptcy.
(4) The mortgagee's or other creditor's exercise of its rights against property subject to a mortgage, pledge, privilege, security interest, or encumbrance in favor of such creditor, when the property or collateral is located outside the state of Louisiana, and the creditor has elected to proceed under the laws of the state, county, or territory where the property or collateral is then located to seize or sell such property or collateral.
(5) The collection or receipt of:
(a) Any proceeds of any pledged negotiable or nonnegotiable note;
(b) Any funds through the offset of any pledged deposit of cash, whether in the form of a demand deposit account with any institution insured by any agency of the federal government, certificate of deposit, or otherwise;
(c) Any proceeds of any pledge or assignment of accounts receivable; or
(d) Any proceeds of any pledge or assignment of the right to receive income under any lease or rent of movable property or immovable property.
(6) Collection or receipt of insurance proceeds under a simple or standard loss-payee clause.
(7) Collection or receipt of the return of any unearned premiums of any insurance policy.
Acts 1986, No. 489, §2; Acts 1989, No. 137, §8, eff. Sept. 1, 1989.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4108.1. Deficiency judgment when obligations based upon commercial transaction

RS 13:4108.1 - Deficiency judgment when obligations based upon commercial transaction
A. As an exception to R.S. 13:4106 and 4107, if a mortgagee or other creditor holds a mortgage, pledge, security interest, or privilege which secures an obligation in a commercial transaction, the mortgagee or other creditor may collect from or pursue any debtor, guarantor, or surety for a deficiency judgment on the secured obligation whether or not the mortgagee or other creditor has foreclosed on all or any of the property and sold such property at a judicial, public, or private sale, with or without appraisal, regardless of the minimum bid, and whether or not the mortgagee or other creditor has acquired such property from any debtor, guarantor, or surety pursuant to a complete or partial giving in payment. However, other than with regard to a secured transaction subject to Chapter 9 of the Louisiana Commercial Laws, a mortgagee or other creditor may not pursue any debtor, guarantor, or surety for more than the secured obligation, minus the reasonably equivalent value of the property sold.
B. For the purpose of this Section, the terms "commercial transaction" and "reasonably equivalent value" shall have the following meanings:
(1) "Commercial transaction" means any transaction entered into primarily for business or commercial purposes.
(2) "Reasonably equivalent value" means the value that the owner and the mortgagee or other creditor of the property being sold or otherwise disposed of agree to attribute to the property for the purposes of reducing the secured debt.
Acts 1986, No. 489, §2; Acts 1989, No. 137, §8, eff. Sept. 1, 1989.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4108.3. Relation to Chapter 9 of the Louisiana Commercial Laws

RS 13:4108.3 - Relation to Chapter 9 of the Louisiana Commercial Laws
The rights or absence thereof of a secured creditor to pursue and collect a deficiency from a debtor, guarantor, or surety in connection with a secured transaction subject to Chapter 9 of the Louisiana Commercial Laws (R.S. 10:9-101, et seq.) shall be exclusively subject to the provisions of Chapter 9.
Added by Acts 1989, No. 137, §8, eff. Sept. 1, 1989.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4109. Executory process against property of insolvents; rights of persons holding special mortgages

RS 13:4109 - Executory process against property of insolvents; rights of persons holding special mortgages
Creditors holding special mortgages containing the pact de non alienando shall not lose their rights of executory process upon the property of their debtor, by reason of a cession of property, but in such cases the right shall continue and be exercised against the syndic, and when the cession takes place after the seizure under executory process it shall be continued against the provisional or definitive syndic.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4110. Same; sale under first process where provisional or definitive syndic appointed

RS 13:4110 - Same; sale under first process where provisional or definitive syndic appointed
In all cases when executory process has issued and a surrender has been made and a provisional or definitive syndic has been appointed, the sale under the first process shall be effected the same as if no surrender has been made or syndic appointed.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4111. Venue of executory proceeding against continuous tract of land in different parishes

RS 13:4111 - Venue of executory proceeding against continuous tract of land in different parishes
An executory proceeding to enforce a mortgage or privilege affecting the whole of a continuous tract of land situated partly in different parishes, at the option of the plaintiff, may be brought at the domicile of the defendant, or in any parish where a portion of the tract is situated.
Added by Acts 1960, No. 32, §6, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4112. Actions to set aside or annul judicial sales in executory proceedings

RS 13:4112 - Actions to set aside or annul judicial sales in executory proceedings
No action may be instituted to set aside or annul the judicial sale of immovable property by executory process by reason of any objection to form or procedure in the executory proceedings, or by reason of the lack of authentic evidence to support the order and seizure, where the sheriff executing the foreclosure has either filed the proces verbal of the sale or filed the sale for recordation in the conveyance records of the parish. Any party seeking to annul or set aside a judicial sale of immovable property through executory proceedings filed for record before the adoption of this Section must do so within six months of September 12, 1975. Nothing herein shall be construed to affect legal defenses otherwise available to any person against whom a deficiency judgment is sought after the public sale of immovable property through executory proceedings.
Added by Acts 1975, No. 681, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4151. Summary trial of suits in which mineral lands are in controversy; bond to prevent summary trial

RS 13:4151 - Summary trial of suits in which mineral lands are in controversy; bond to prevent summary trial
Whenever a suit is filed in which the title to or possession of mineral lands, or oil, gas or mineral leases, is questioned, the defendant may demand a summary trial of the cause. But on such demand being made by the defendant the plaintiff may have the cause retained on the ordinary docket of the court having jurisdiction thereof by giving bond sufficient to indemnify the defendant against any loss resulting from the suit in the event it is decided adversely to plaintiff.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4152. Same; motion for summary trial; date of trial

RS 13:4152 - Same; motion for summary trial; date of trial
On or before ten days after the date of filing of the suit, defendant shall file his answer to plaintiff's demand, and after the answer is filed, or as a part thereof, defendant may file a motion for a summary trial of the cause. Upon the filing of the motion, the judge shall sign an order fixing the case for trial by preference in not less than five days, nor more than ten days, from date of such filing.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4154. Same; no summary trial if plaintiff gives bond; judgment on failure to give bond

RS 13:4154 - Same; no summary trial if plaintiff gives bond; judgment on failure to give bond
Forty-eight hours or more before the cause is called for trial, plaintiff may place the cause back in the category of ordinary causes, and not subject to any preference or priority by giving bond with surety in an amount sufficient to indemnify the defendant or defendants, against any loss which might result if the suit is decided adversely to plaintiff, which bond shall be fixed by the court after a summary hearing on a rule filed by plaintiff and served on defendant.
In fixing the amount of such bond, the court shall consider all the circumstances that may affect the particular property, or business in contestation, including probable loss arising from the unsalability of the property at time of final judgment, the stopping of development, the hindering or retarding of development, refusal of the purchaser to pay for the product until the title is settled, the requirements of the leases as to development, or any loss of whatsoever nature which may be caused by the filing of the suit.
Upon fixing the amount of such bond, the plaintiff shall, within twenty-four hours thereafter file his bond, with surety, approved by the court, in favor of the clerk of court. The conditions of such obligation shall be to pay the defendant any and all damages he may sustain, by reason of the filing of the suit, together with all costs of court if the court should decide the case contrary to the demands of the plaintiff.
Should the plaintiff fail to file such bond, the court, upon motion of defendant, shall render judgment in favor of defendant and rejecting plaintiff's demands in toto.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4155. Same; appeal

RS 13:4155 - Same; appeal
Should either party appeal a case so fixed for summary trial, the cause shall be a preference suit in the appellate court and shall be fixed and set for argument in the appellate court for a date not more than thirty days from the date of the filing of the transcript in the cause.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4157. Damages ex delicto; trial with preference

RS 13:4157 - Damages ex delicto; trial with preference
All suits or actions for damages, arising "ex delicto" shall be placed upon the preference docket of the district and city courts and shall be tried along with such other preference cases as is now provided by law.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4159. Trial by judge when no verdict reached on two jury trials

RS 13:4159 - Trial by judge when no verdict reached on two jury trials
In any case where a jury has been prayed for by either party, and where the case has been tried twice by a jury without a verdict being reached, no further trial by jury shall be had, but the case shall be tried by the judge alone, as if no jury had been prayed for.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4160. Third verdict of jury not to be set aside

RS 13:4160 - Third verdict of jury not to be set aside
No judge may set aside the verdict of a jury in the same case more than twice, but should there be three jury trials of the same case, the third verdict shall not be disturbed by the trial judge, who shall render judgment thereon without entertaining an application for a new trial.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4161. Trial of cases on holiday

RS 13:4161 - Trial of cases on holiday
Whenever empanelling of a jury or the taking of evidence on the trial of any case, shall have been begun, but not concluded, at the time at which there shall intervene any legal holiday or legal half-holiday, it is lawful for the presiding judge, and within his discretion, to order the trial to be proceeded with upon the legal holiday, if not a Sunday or Christmas day, or upon the legal half-holiday. All proceedings thereafter had in the trial of the case shall have the same force and effect as though had on a day not a legal holiday or legal half-holiday.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4162. Suits entitled to preference; right of office; state, police jury or municipal corporation as party

RS 13:4162 - Suits entitled to preference; right of office; state, police jury or municipal corporation as party
Suits in which the right of office is involved, or in which the state, a police jury or municipal corporation is a party, shall have precedence over all others except criminal cases, and they shall take precedence in the order in which they are named.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4164. Television

RS 13:4164 - Television
A. Except as otherwise provided herein, no proceeding in any court in this state shall be televised or recorded by television equipment.
B. Each court in this state may provide by court rule for the broadcasting or recordation for broadcasting of proceedings for preservation of testimony or for use in a course of instruction in an accredited law school.
C. Unless otherwise provided by rule promulgated by the supreme court to allow a pilot project in a city court, a proceeding in court may be televised or recorded by television equipment in accordance with the terms of a motion and stipulation agreed to by all parties to the proceeding and approved by the judge hearing the matter.
Acts 1979, No. 456, §1; Acts 1990, No. 161, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4201. Voluntary dismissal or discontinuance; payment of costs before judgment rendered or signed

RS 13:4201 - Voluntary dismissal or discontinuance; payment of costs before judgment rendered or signed
No order or judgment shall be rendered or signed by any court of the state dismissing or discontinuing any suit or reconventional demand, on the voluntary motion of any or all of the parties thereto, unless and until all costs and commissions due the clerk of court and the sheriff shall first have been paid, to be evidenced by certificates of those officers to be filed with and made part of the motion to dismiss or discontinue.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4203. Interest on judgments from judicial demand in ex delicto cases

RS 13:4203 - Interest on judgments from judicial demand in ex delicto cases
Legal interest shall attach from date of judicial demand, on all judgments, sounding in damages, "ex delicto", which may be rendered by any of the courts.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4204. United States courts; recorded judgments as judicial mortgages

RS 13:4204 - United States courts; recorded judgments as judicial mortgages
All judgments rendered by United States courts of original jurisdiction in Louisiana, or those registered in accordance with 28 U.S.C. §1963, when recorded in the mortgage records of any parish shall rank as judicial mortgages against all of the immovable property of the judgment debtor situated in the parish to the same extent and effect given by Louisiana law to the recorded judgments of the courts of this state.
Acts 1988, No. 986, §1.
{{NOTE: SEE ACTS 1988, NO. 986, §2.}}
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4206. Inability to pay money judgment not contempt

RS 13:4206 - Inability to pay money judgment not contempt
Failure to obey an order or judgment of court, when such order or judgment is in effect an order or judgment for the payment of money, shall not be construed as a contempt, if it appears that the failure to obey is due to inability to comply with the order or judgment which inability existed when the order or judgment was rendered.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4207. Maximum delays for decisions on cases under advisement and on applications for new trials and orders of appeal

RS 13:4207 - Maximum delays for decisions on cases under advisement and on applications for new trials and orders of appeal
If oral reasons for judgment are not rendered in open court and the matter taken under advisement, the district judges and judges of the city courts shall render a written judgment within thirty days from the time the cases are submitted for their decision. All motions or applications for a new trial and all orders of appeal shall be passed upon by judges of the city court within three days from the time such motions or applications for new trial or orders of appeal are submitted to them for their decision and by district court judges within seven days from the time such motions or applications for a new trial or orders of appeal are submitted to them for their decision; but by the written consent of the attorneys representing both sides, filed in the records or spread upon the minutes, the time herein granted may be extended for a further period of ten days, but no longer.
Acts 2006, No. 653, §1; Acts 2007, No. 82, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4208. Same; judgment and appeal when court not in session

RS 13:4208 - Same; judgment and appeal when court not in session
When the thirty days herein provided in R.S. 13:4207 expires at a time when the judge is not holding court in the parish wherein the case was tried and submitted, or while the judge is on vacation, the judge shall forward his decree to the clerk of the court, who shall enter the decree upon the minutes of the court, and the decree shall have the same effect as if rendered in open court. In all such cases which are appealable, the judges, at the time of rendering their judgments, shall grant an order of appeal, and fix the appeal bonds when not fixed by law. Either party to any such suit, upon filing the required bond, may take an appeal, which shall have the same legal effect as if granted in open court. The clerk of court as aforesaid, shall file same and issue notices of the decree to all the parties to the suit, or to their attorneys of record, unless the notice has been waived by the parties, or by their attorneys of record; and the sheriff shall serve the notices. The time granted parties under existing laws to take appeals, in cases where decrees are rendered under this section, shall begin to run from the time of the service upon the parties or their attorneys, unless the notice has been waived; and if the notice has been waived, the delay for appeals shall begin to run from the date of the clerk's receipt of the decree.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4209. Decisions by successor judge

RS 13:4209 - Decisions by successor judge
A. In all cases heard and taken under advisement of the district judge or judges of the city courts, if the judge before whom a case is tried dies, resigns, or is removed from office, or if his term expires before rendering his judgment in the case, his successor in office shall decide the case from the evidence in the record, if all of the testimony is in writing. If it is a case in which the testimony has not been reduced to writing, the succeeding judge shall decide the case from a statement of the facts, if one is found in the record, or if the parties to the suit agree upon a statement of facts. If the testimony is not in the record, and there is no statement of facts, the case shall be tried de novo.
B.(1) In cases which are heard and in which judgment is rendered, but not signed, whether the case was taken under advisement or not, if the judge who rendered the judgment dies, resigns, or is removed from office, or if his term expires before signing judgment in the case, his successor in office shall have the authority to sign a judgment which conforms with the judgment rendered.
(2) If a prior judge has stated an affirmative intent to sign a judgment and failed to do so for whatever reason, the successor judge is empowered to sign the judgment.
Acts 1993, No. 1009, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4231. Res judicata

RS 13:4231 - Res judicata
Except as otherwise provided by law, a valid and final judgment is conclusive between the same parties, except on appeal or other direct review, to the following extent:
(1) If the judgment is in favor of the plaintiff, all causes of action existing at the time of final judgment arising out of the transaction or occurrence that is the subject matter of the litigation are extinguished and merged in the judgment.
(2) If the judgment is in favor of the defendant, all causes of action existing at the time of final judgment arising out of the transaction or occurrence that is the subject matter of the litigation are extinguished and the judgment bars a subsequent action on those causes of action.
(3) A judgment in favor of either the plaintiff or the defendant is conclusive, in any subsequent action between them, with respect to any issue actually litigated and determined if its determination was essential to that judgment.
Acts 1990, No. 521, §1, eff. Jan. 1, 1991.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4232. Exceptions to the general rule of res judicata

RS 13:4232 - Exceptions to the general rule of res judicata
A. A judgment does not bar another action by the plaintiff:
(1) When exceptional circumstances justify relief from the res judicata effect of the judgment;
(2) When the judgment dismissed the first action without prejudice; or,
(3) When the judgment reserved the right of the plaintiff to bring another action.
B. In an action for divorce under Civil Code Article 102 or 103, in an action for determination of incidental matters under Civil Code Article 105, in an action for contributions to a spouse's education or training under Civil Code Article 121, and in an action for partition of community property and settlement of claims between spouses under R.S. 9:2801, the judgment has the effect of res judicata only as to causes of action actually adjudicated.
Acts 1990, No. 521, §1, eff. Jan. 1, 1991; Acts 1991, No. 367, §3.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4233. To 4240 Repealed by Acts 1960, No. 32, 2, eff. Jan. 1, 1961

§§4233. §4233 to 4240 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4242. Filing and status of foreign judgments

RS 13:4242 - Filing and status of foreign judgments
A copy of any foreign judgment authenticated in accordance with an act of congress or the statutes of this state may be annexed to and filed with an ex parte petition complying with Code of Civil Procedure Article 891 and praying that the judgment be made executory in a court of this state. The foreign judgment shall be treated in the same manner as a judgment of a court of this state. It shall have the same effect and be subject to the same procedures, and defenses, for reopening, vacating, or staying as a judgment of a court of this state and may be enforced in the same manner.
Acts 1985, No. 464, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4243. Notice of filing

RS 13:4243 - Notice of filing
A. At the time of the filing of the petition and foreign judgment, the judgment creditor shall file with the court an affidavit setting forth the name and last known address of the judgment debtor and the judgment creditor.
B. Promptly upon the filing of the petition, the foreign judgment, and the affidavit, the clerk shall send a notice by certified mail to the judgment debtor at the address given and shall make a note of the mailing in the record. The notice shall include the name and address of the judgment creditor and his attorney, if any. In addition, the judgment creditor may mail a notice of the filing to the judgment debtor and may file proof of mailing with the clerk. Failure to mail notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.
C. No execution or other process for enforcement of a foreign judgment filed hereunder shall issue until thirty days after the mailing of the notice of the filing of the foreign judgment.
Acts 1985, No. 464, §1; Acts 1997, No. 1156, §5; Acts 2003, No. 750, §4.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4244. Stay

RS 13:4244 - Stay
A. If the judgment debtor proves on contradictory motion that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.
B. If the judgment debtor proves on contradictory motion any ground upon which the execution of a judgment of a court of this state would be stayed, the court shall stay enforcement of the foreign judgment upon requiring security for satisfaction of the judgment as is required in this state.
Acts 1985, No. 464, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4248. Foreign protective orders

RS 13:4248 - Foreign protective orders
A. A copy of any foreign protective order authenticated in accordance with an act of congress or the statutes of this state may be annexed to and filed with an ex parte petition praying that the protective order be made executory in this state. The address of the petitioner may remain confidential with the court.
B. At an ex parte hearing, the court shall make the protective order executory in this state, cause to have prepared a Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall forward it to the clerk of court for filing, all without delay.
C. The clerk of the issuing court shall transmit the order to the Louisiana Protective Order Registry, R.S. 46:2136.2(A), by facsimile transmission, mail, or direct electronic input, where available. The order shall be mailed and transmitted as expeditiously as possible, but no later than the end of the next business day after the order is filed with the clerk of court.
Acts 1997, No. 1156, §5; Acts 2003, No. 750, §4.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4251.102. Definitions

RS 13:4251.102 - Definitions
In this Chapter:
(1) "Adult" means an individual who has attained eighteen years of age or who is an emancipated minor.
(2) "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed as a curator in a full interdiction; as a curator in a limited interdiction, but only insofar as the curator is given power over the care of some or all of the property of the interdict; or as a tutor in a continuing tutorship.
(3) "Guardian" means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed as a curator in a full interdiction; as a curator in a limited interdiction, provided that, and only insofar as, the curator is given power over the care of some or all aspects of the person of the interdict; or as a tutor in a continuing tutorship.
(4) "Guardianship order" means an order appointing a guardian.
(5) "Guardianship proceeding" means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.
(6) "Incapacitated person" means an adult for whom a guardian has been appointed.
(7) "Party" means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding.
(8) "Person", except in the term incapacitated person or protected person, means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.
(9) "Protected person" means an adult for whom a protective order has been issued.
(10) "Protective order" means an order, issued by a court of another state pursuant to the law of that other state, appointing a conservator or relating to management of an adult's property.
(11) "Protective proceeding" means a judicial proceeding in which a protective order is sought or has been issued.
(12) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(13) "Respondent" means an adult for whom a protective order or the appointment of a guardian is sought.
(14) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
Acts 2016, No. 333, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4251.103. International application of Part

RS 13:4251.103 - International application of Part
A court of this state may treat a foreign country as if it were a state for the purpose of applying this Part and Parts 2, 3, and 5 of this Chapter.
Acts 2016, No. 333, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4251.104. Communication between courts

RS 13:4251.104 - Communication between courts
A. A court of this state may communicate with a court in another state concerning a proceeding arising under this Act. The court may allow the parties to participate in the communication. Except as otherwise provided in Subsection B of this Section, the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.
B. Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.
Acts 2016, No. 333, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4251.105. Cooperation between courts

RS 13:4251.105 - Cooperation between courts
If a court of another state in which a guardianship or protective proceeding is pending requests assistance under a provision of law similar to R.S. 13:4251.104, a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
Acts 2016, No. 333, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4251.106. Taking testimony in another state

RS 13:4251.106 - Taking testimony in another state
A. In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.
B. In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
C. Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.
Acts 2016, No. 333, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4251.201. Definitions; significant-connection factors

RS 13:4251.201 - Definitions; significant-connection factors
A. In this Part:
(1) "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf.
(2) "Home state" means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition.
(3) "Significant-connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.
B. In determining under R.S. 13:4251.203 and R.S. 13:4251.301(E) whether a respondent has a significant connection with a particular state, the court shall consider:
(1) The location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding.
(2) The length of time the respondent at any time was physically present in the state and the duration of any absence.
(3) The location of the respondent's property.
(4) The extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services.
Acts 2016, No. 333, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4251.203. Jurisdiction

RS 13:4251.203 - Jurisdiction
A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if any of the following apply:
(1) This state is the respondent's home state.
(2) On the date the petition is filed, this state is a significant-connection state, and:
(a) The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or
(b) The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order:
(i) A petition for an appointment or order is not filed in the respondent's home state.
(ii) An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding.
(iii) The court in this state concludes that it is an appropriate forum under the factors set forth in R.S. 13:4251.206.
(3) This state does not have jurisdiction under either Paragraph (1) or (2) of this Section, the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States.
(4) The requirements for special jurisdiction under R.S. 13:4251.204 are met.
Acts 2016, No. 333, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4251.204. Special jurisdiction

RS 13:4251.204 - Special jurisdiction
A. A court of this state lacking jurisdiction under R.S. 13:4251.203(1) through (3) has special jurisdiction to do any of the following:
(1) Appoint a guardian in an emergency for a term not exceeding ninety days for a respondent who is physically present in this state.
(2) Issue a protective order with respect to immovable or corporeal movable property located in this state.
(3) Appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to R.S. 13:4251.301.
B. If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
Acts 2016, No. 333, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4251.205. Exclusive and continuing jurisdiction

RS 13:4251.205 - Exclusive and continuing jurisdiction
Except as otherwise provided in R.S. 13:4251.204, a court that has appointed a guardian or issued a protective order consistent with this Chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
Acts 2016, No. 333, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4251.206. Appropriate forum

RS 13:4251.206 - Appropriate forum
A. A court of this state having jurisdiction under R.S. 13:4251.203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
B. If a court of this state declines to exercise its jurisdiction under Subsection A of this Section, it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.
C. In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
(1) Any expressed preference of the respondent.
(2) Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation.
(3) The length of time the respondent was physically present in or was a legal resident of this or another state.
(4) The distance of the respondent from the court in each state.
(5) The financial circumstances of the respondent's estate.
(6) The nature and location of the evidence.
(7) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence.
(8) The familiarity of the court of each state with the facts and issues in the proceeding.
(9) If an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.
Acts 2016, No. 333, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4251.207. Jurisdiction declined by reason of conduct

RS 13:4251.207 - Jurisdiction declined by reason of conduct
A. If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may do any of the following:
(1) Decline to exercise jurisdiction.
(2) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction.
(3) Continue to exercise jurisdiction after considering:
(a) The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction.
(b) Whether it is a more appropriate forum than the court of any other state under the factors set forth in R.S. 13:4251.206(C).
(c) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of R.S. 13:4251.203.
B. If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this Chapter.
Acts 2016, No. 333, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4251.208. Notice of proceeding

RS 13:4251.208 - Notice of proceeding
If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice must be given in the same manner as notice is required to be given in this state.
Acts 2016, No. 333, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4251.209. Proceedings in more than one state

RS 13:4251.209 - Proceedings in more than one state
Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under R.S. 13:4251.204(A)(1) or (A)(2), if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(1) If the court in this state has jurisdiction under R.S. 13:4251.203, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to R.S. 13:4251.203 before the appointment or issuance of the order.
(2) If the court in this state does not have jurisdiction under R.S. 13:4251.203, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
Acts 2016, No. 333, §1.