reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4365. Oaths of appraisers; sheriff appoints third appraiser if two cannot agree; minute, written appraisal; delivery

RS 13:4365 - Oaths of appraisers; sheriff appoints third appraiser if two cannot agree; minute, written appraisal; delivery
A. The appraisers shall take an oath to make a true and just appraisal of the property.
B. If the appraisers cannot agree, and (1) the difference in value between the two appraisals does not exceed two hundred and fifty thousand dollars, and (2) the value assigned by the lower of the two appraisers is at least ninety percent of the value assigned by the higher of the two appraisers, then the sheriff shall average the two figures and use the average as the appraised value for purposes of determining the opening bid. In those cases where the two appraisers do not agree and the values are not within the averaging limits, then the sheriff shall appoint a third appraiser, who shall also be sworn, and whose decision shall be final.
C. The property seized must be appraised with such minuteness that it can be sold together or separately.
D. The appraisers shall reduce their appraisal to writing, sign it, and deliver it to the sheriff.
E. The appraisal of any appraiser appointed by the sheriff shall be made and delivered to the sheriff at a time prior to the sale.
Added by Acts 1960, No. 32, §6, eff. Jan. 1, 1961; Acts 1985, No. 446, §1; Acts 1987, No. 807, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4366. Fees of appraisers

RS 13:4366 - Fees of appraisers
A.(1) The fees of the appraisers shall be fixed by the sheriff at not more than fifty dollars on movables, and not less than one hundred dollars nor more than three hundred fifty dollars on immovable property for each appraiser.
(2) On ex parte motion of the sheriff, the court may order a fee to be paid in excess of fifty dollars on movable items and in excess of three hundred fifty dollars on immovable property if, in the court's judgment, the property cannot be adequately appraised at the fees established in Paragraph (1) of this Subsection. The sheriff shall attach to the motion a statement of the reasons for requesting payment of the excess fees before the court can authorize a payment in excess of the established fees.
(3) A party to an action or proceeding who acts as an appraiser is not entitled to a fee.
B. The fees of appraisers shall be taxed as costs.
Added by Acts 1960, No. 32, §6, eff. Jan. 1, 1961. Amended by Acts 1975, No. 699, §1. Acts 1984, No. 135, §1; Acts 1987, No. 697, §1; Acts 2001, No. 797, §1; Acts 2008, No. 895, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4367. Purchaser; release from liens; cancellation of inscriptions

RS 13:4367 - Purchaser; release from liens; cancellation of inscriptions
The sheriff shall give the purchaser of any property sold in any proceeding to enforce the liens and privileges enumerated in R.S. 9:4821(A)(1) a release from: (1) the lien or privilege of the seizing creditor; (2) all concurrent liens and privileges enumerated in R.S. 9:4821(A)(1); (3) all inferior liens, privileges, security interests, mortgages, and judgments; and (4) all liens in accordance with R.S. 47:1993(G). The sheriff shall also direct the recorder of mortgages or proper filing officer to cancel any inscriptions affecting the property sold.
Acts 2004, No. 209, §2, eff. June 14, 2004.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4369. Actions to set aside or annul online judicial sales

RS 13:4369 - Actions to set aside or annul online judicial sales
No action shall be instituted to set aside or annul the judicial sale of immovable property through an online auction by reason of noncompliance with the requirements of Code of Civil Procedure Article 2344 or R.S. 13:4358 if the sheriff executing the judicial sale has either filed the proces verbal of the sale or filed the sale for recordation in the conveyance records of the parish. No action shall be instituted to set aside or annul the judicial sale of movable property through an online auction by reason of noncompliance with the requirements of Code of Civil Procedure Article 2344 or R.S. 13:4358 if the sheriff executing the judicial sale has either filed the proces verbal of the sale or has delivered an act of sale to the purchaser.
Acts 2023, No. 390, §2.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4431. Suspensive appeal from judgment restraining enforcement of constitution or statute

RS 13:4431 - Suspensive appeal from judgment restraining enforcement of constitution or statute
In any case where any district court has granted any restraining order, preliminary injunction, permanent injunction, or other process which may restrain the execution or enforcement of any provision of the constitution or of any act, law or resolution of the legislature of Louisiana, the defendant or defendants or any person or persons affected thereby, may suspensively appeal the order or judgment to the court of competent appellate jurisdiction.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4433. Dismissal of appeal for informalities; opportunity to cure

RS 13:4433 - Dismissal of appeal for informalities; opportunity to cure
Whenever an appellant files an incomplete transcript, or files the transcript or a further application for an extension, within three judicial days after the return day, or omits to file as part of the record any transcript exhibits offered in evidence, or whenever because of any error on the part of the clerk of court or of the trial judge, or for any purely technical reason, a motion to dismiss his appeal is filed either by an appellee, third person or intervener, charging and setting forth as grounds for dismissal any of the above reasons, no appellate court shall maintain said motion to dismiss, or dismiss the appeal, unless it first allow to the appellant at least two additional days, exclusive of Sundays and holidays, to cure and correct any and all the informalities and irregularities alleged and complained of in the motion to dismiss. Such appellant, before the date on which the motion to dismiss is fixed for trial, may cure and correct any objection, irregularity or informality charged or alleged to exist in the motion to dismiss, and if it appears to the appellate court that he has done so, the motion to dismiss shall be denied.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4434. Registration of copy of appellate decree

RS 13:4434 - Registration of copy of appellate decree
When any decree has been rendered by any court of appeal, or by the supreme court, any party to the suit in which the decree may have been rendered may demand a copy of the decree, may have it registered in either the mortgage or conveyance office of any parish in this state whether an application for a writ of certiorari or review, or for a rehearing, has or has not been made.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4435. Same; registry as mortgage or recognition of title

RS 13:4435 - Same; registry as mortgage or recognition of title
The registry of a decree as provided in R.S. 13:4434 shall operate as a judicial mortgage, or as a recognition of title, or otherwise, according to the terms of the decree, and shall continue to have that effect unless set aside or modified by the final decree in the proceeding.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4436.1. Termination permitted by summary proceedings; jurisdiction of court to order

RS 13:4436.1 - Termination permitted by summary proceedings; jurisdiction of court to order
A. A judgment debtor who appeals the judgment may obtain an order that terminates a judicial mortgage created by recording the judgment and that directs the recorder to erase the judgment from his records.
B. The proceeding for such termination shall be by summary proceedings brought against the judgment creditor.
C. The court that renders the judgment appealed from shall have jurisdiction of the proceedings to terminate a judicial mortgage whether or not the judicial mortgage results from the recordation of the court's judgment or that of an appellate court following the appeal of the judgment.
Acts 1992, No. 1132, §5, eff. Jan. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4436.2. Termination of mortgages resulting from judgment of courts of original jurisdiction

RS 13:4436.2 - Termination of mortgages resulting from judgment of courts of original jurisdiction
The court hearing the rule shall order the mortgage terminated and direct the recorder to erase the judgment from his records if it finds that the debtor's suspensive appeal has suspended the judgment's execution, that the appeal bond is in proper form and amount, and that the surety on the bond is qualified to act as surety.
Acts 1992, No. 1132, §5, eff. Jan. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4436.3. Termination of mortgages resulting from judgments of appellate courts

RS 13:4436.3 - Termination of mortgages resulting from judgments of appellate courts
The court hearing the rule shall order the mortgage terminated and direct the recorder to erase the judgment from his records, if it finds that the appellate judgment was not executory when the proceedings for termination were filed, that the debtor has filed a bond guaranteeing payment of the judgment with the clerk in proper form and amount, and that the surety on the bond is qualified to act as surety.
Acts 1992, No. 1132, §5, eff. Jan. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4436.4. Form and amount of bond for appellate judgments

RS 13:4436.4 - Form and amount of bond for appellate judgments
The bond required to be filed, if the judgment is that of an appellate court, shall be on the same terms and conditions and in the same amount as is required by law for suspensive appeal bonds.
Acts 1992, No. 1132, §5, eff. Jan. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4436.5. Qualifications of surety presumed

RS 13:4436.5 - Qualifications of surety presumed
For purposes of this Chapter, the surety of a bond is deemed to be qualified to act as surety unless the judgment creditor expressly denies such qualifications in an answer and, if the surety is licensed to conduct a surety business in this state, also proves that the surety lacks the necessary qualifications.
Acts 1992, No. 1132, §5, eff. Jan. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4437. §§4437, 4437.1 Repealed by Acts 1960, No. 38, §3, eff. June 20, 1960; Acts 1960, No. 32, §2, eff. Jan. 1, 1961

RS 13:4437 - §§4437, 4437.1 Repealed by Acts 1960, No. 38, §3, eff. June 20, 1960; Acts 1960, No. 32, §2, eff. Jan. 1, 1961
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4439. Triplicate copies of transcripts of appeal to supreme court

RS 13:4439 - Triplicate copies of transcripts of appeal to supreme court
The clerks of the district courts of the various parishes including the parish of Orleans, without extra charge, shall make all transcripts of appeal to the supreme court in triplicate. Where a note of evidence has been taken in the case, a copy of the note of evidence shall be embraced in each triplicate copy of the record, and the whole as thus made up shall be forwarded to the clerk of the supreme court, who shall file the triplicate copies and preserve the same for the use of the court.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4440. Quadruplicate copies of note of evidence in case appealable to supreme court

RS 13:4440 - Quadruplicate copies of note of evidence in case appealable to supreme court
Hereafter in all civil and criminal cases wherein a note of evidence is taken and same is appealable to the supreme court the stenographer in transcribing his notes shall make an original and three carbons and shall deliver the original and three carbons into court or to the clerk of the court of the parish in which the case is being tried, including the parish of Orleans, within ten days as now required by law, and the carbons shall be furnished without extra charge.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4441. Transfer of cases appealed to wrong court; retransfer

RS 13:4441 - Transfer of cases appealed to wrong court; retransfer
When an appeal is taken and perfected to an appellate court having no jurisdiction thereof, the court to which it is taken may transfer it to the court having jurisdiction thereof, instead of dismissing the appeal. The appellate court to which the appeal is transferred shall proceed as if the appeal had been taken to it originally.
If an appeal is transferred erroneously to the supreme court, the latter shall retransfer it to the court having appellate jurisdiction thereof. If an appeal is transferred by a district court erroneously to a court of appeal, the latter shall retransfer it to the district court to which it was taken originally, or to the supreme court if the latter has jurisdiction thereof.
This section applies to appeals in all cases, civil or criminal, to appeals over which a court of appeal has jurisdiction but which has been taken to the wrong court of appeal, and to all courts having appellate jurisdiction.
Amended by Acts 1960, No. 38, §1, eff. June 20, 1960.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4442. Costs and conditions of transfer or retransfer of appeals

RS 13:4442 - Costs and conditions of transfer or retransfer of appeals
A court which orders the transfer or the retransfer of an appeal under the provisions of R.S. 13:4441 may regulate the costs thereof, and the costs of the prior transfer if retransferred, and may prescribe the delay within which the transfer or retransfer must be effected, and such other conditions as the court may deem proper.
Amended by Acts 1960, No. 38, §1, eff. June 20, 1960.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4443. §§4443, 4444 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961

RS 13:4443 - §§4443, 4444 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4447. Certified copy of opinion of court of appeals; filing in parish where suit originated

RS 13:4447 - Certified copy of opinion of court of appeals; filing in parish where suit originated
The clerks of the court of appeals shall furnish a certified copy of the opinion of the court of appeals in each case, to be filed with the original papers in the clerk's office in the parish where the suit originated.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4448. Notice required; constitutionality of statute at issue

RS 13:4448 - Notice required; constitutionality of statute at issue
Prior to adjudicating the constitutionality of a statute of the state of Louisiana, the courts of appeal and the Supreme Court of Louisiana shall notify the attorney general of the proceeding and afford him an opportunity to be heard. The notice shall be made by certified mail. No judgment shall be rendered without compliance with the provisions of this Section; provided where the attorney general was not notified of the proceeding, the court shall hold adjudication of the case open pending notification of the attorney general as required herein.
Acts 1985, No. 1004, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4449. Certification by court of appeal of questions to Supreme Court

RS 13:4449 - Certification by court of appeal of questions to Supreme Court
In any case pending before the courts of appeal in which the judges thereof may desire the instructions or opinion of the Supreme Court on any question of law arising therein, the judges of the intermediate appellate court shall submit to the Supreme Court, a clear and concise statement in writing signed by them of the points or propositions of law concerning which the opinion of the court is desired and solicited. Should the Supreme Court deem an examination of the records necessary to a proper decision of the question of law so certified and submitted to it, the judges of the court of appeals, on receipt of a written request therefor, shall forward the original record to the clerk of the Supreme Court for the latter's consideration. Thereupon the Supreme Court may give its opinion on the points or propositions of law so submitted, which opinion, with the original record, shall be transmitted by the clerk of the Supreme Court to the court of appeals. The Supreme Court's opinion shall be binding on the judges of the court of appeal, and they shall proceed to determine and dispose of the cause in conformity with the principles stated therein.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4451. Judgment against surety on appeal bond

RS 13:4451 - Judgment against surety on appeal bond
In all cases of appeal to any of the appellate courts, if the judgment appealed from be affirmed, the party in whose favor it is rendered on return of execution in the lower court that no property has been found, or not enough to satisfy the judgment and execution, after due demand on both parties, or their attorneys or legal representatives, may obtain a decree against the surety on the appeal bond, or his legal representative, for the amount of the judgment or any unsatisfied balance thereof, on motion, after ten days' notice. This motion shall be tried summarily and without the intervention of a jury, unless the surety or his legal representative shall allege, under oath, that the signature to the bond, purporting to be that of the surety, is not genuine, or that judgment has been satisfied.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4452. Delay for appeal in case involving public bonds

RS 13:4452 - Delay for appeal in case involving public bonds
An appeal from a judgment in a case involving the validity of bonds or certificates of indebtedness of a public board or corporation, or political subdivision of the state, or of taxes or assessments necessary to pay the principal and interest thereon, can be taken only within thirty days of the applicable date provided in Article 2087(A) of the Code of Civil Procedure.
Added by Acts 1960, No. 32, §6, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4453. Trial court clerk need not prepare record of appeal until appeal bond filed

RS 13:4453 - Trial court clerk need not prepare record of appeal until appeal bond filed
The clerk of a trial court is under no duty to commence the preparation of the record of appeal in any case until the appeal bond, when required by law, is filed in the trial court by the appellant.
Added by Acts 1960, No. 38, §2, eff. June 20, 1960.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4522. Defendant may demand security for costs

RS 13:4522 - Defendant may demand security for costs
The defendant before pleading in all cases may by motion demand and require the plaintiff or intervenor to give security for the cost in such case, and on failure to do so within the time fixed by the court such suit or intervention, as the case may be, shall be dismissed without prejudice. This section shall not apply to the Parish of Orleans and to cases brought in forma pauperis, nor to the state or any political subdivision thereof.
Amended by Acts 1960, No. 32, §1, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4523. Same; liability of surety

RS 13:4523 - Same; liability of surety
In all cases mentioned in R.S. 13:4522 the surety for costs shall be considered a party to such suit or proceeding and shall be condemned for the amount of costs recoverable in solido with the principal if the latter is cast in the final judgment in such proceeding.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4524. §§4524 to 4528 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961

RS 13:4524 - §§4524 to 4528 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4529. Forma pauperis appeals in criminal cases

RS 13:4529 - Forma pauperis appeals in criminal cases
In all appealable criminal cases where the convicted person desires to appeal from the sentence imposed, at the time of asking for an appeal he may also present the affidavits mentioned hereinafter in this section and obtain an order permitting him to prosecute his appeal without paying the costs, or furnishing security therefor.
The affidavits required above are: (1) that of the convicted person that he is unable to pay the costs, or to furnish security therefor, because of his poverty and lack of means; and (2) that of a disinterested person other than his counsel that he knows the convicted person and his financial condition, and believes that the convicted person is unable to pay the costs, or to furnish security therefor.
The facts recited in these affidavits may be traversed by a summary rule by the district attorney. If this traverse is successful, the court shall rescind its order, and further order the convicted person to either pay the costs or to furnish security therefor within ten days. The failure to comply with this latter order shall operate a dismissal of the appeal.
This section does not apply to cases where the appellant is not now required by law to furnish an appeal bond or security for costs.
Amended by Acts 1960, No. 32, §1, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4530. Election contests and suits involving right to office; responsibility for costs

RS 13:4530 - Election contests and suits involving right to office; responsibility for costs
In every suit, having for its object the contest of the election of any district judge, clerk of the district court, sheriff, coroner, justice of the peace, and any other state or parish officer who may be elected by the people, and in every suit in which the right to any state or parish office whatever is claimed, whether such suit be brought by the person contesting the election or claiming the right to the office, or by the proper authority, on the relation of the person interested, the person contesting the election or claiming the right to the office, or on whose relation the suit was brought, shall be responsible for the costs of court, as in ordinary civil cases. Should the person whose election or whose right to such office is contested be cast in the suit, the person so cast shall be condemned to pay the costs of court, as in ordinary civil cases.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4531. Costs on appeal; parties liable

RS 13:4531 - Costs on appeal; parties liable
In all cases of appeal to the Supreme Court the party appellant shall be primarily liable for all costs occasioned by the appeal. The party plaintiff, if appellee, shall never be called on to pay the costs unless he is condemned therefor by judgment on the appeal.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4533. Costs of officers, depositions, etc., taxed as costs

RS 13:4533 - Costs of officers, depositions, etc., taxed as costs
The costs of the clerk, sheriff, witness' fees, costs of taking depositions and copies of acts used on the trial, and all other costs allowed by the court, shall be taxed as costs.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4534. No charge for issuance, service, or execution of process defective through clerk's error

RS 13:4534 - No charge for issuance, service, or execution of process defective through clerk's error
No clerk of a court may charge for the issuance of any citation, writ, mandate, summons, subpoena, order, or other process of the court which is invalid as the result of an error or omission of the clerk, a deputy clerk, or other employee of the clerk in the drafting or issuance thereof. The clerk shall reimburse the sheriff, constable, or marshal, as the case may be, the costs and expenses incurred in the service or execution thereof, or the attempted service or execution thereof. No party to the action or proceeding may be charged with any of the costs of issuance, service, or execution thereof.
Added by Acts 1960, No. 32, §6, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4571. §§4571 to 4580 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961

RS 13:4571 - §§4571 to 4580 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4581. State, state agencies, political subdivisions, and public boards and commissions not required to furnish bond; Louisiana Citizens Property Insurance Corporation

RS 13:4581 - State, state agencies, political subdivisions, and public boards and commissions not required to furnish bond; Louisiana Citizens Property Insurance Corporation
The state, state agencies, political subdivisions, parish, and municipal boards or commissions exercising public power and functions, sheriffs, sheriffs' departments, and law enforcement districts, the Louisiana Insurance Guaranty Association, the Louisiana Citizens Property Insurance Corporation, and the Patient's Compensation Fund, or any officer or employee thereof, shall not be required to furnish any appeal bond or any other bond in any judicial proceedings instituted by or brought against them, that arise from activities within the scope and course of their duties and employment.
Acts 1993, No. 560, §1; Acts 1999, No. 1206, §1, eff. July 9, 1999; Acts 2008, No. 455, §1; Acts 2012, No. 632, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4681. Withdrawal of district court records

RS 13:4681 - Withdrawal of district court records
It is unlawful to withdraw from any district court the record, or any part thereof, of any civil or criminal proceeding heretofore or hereafter filed in such court, except as may be allowed to attorneys or parties interested in any cause by order of the clerk of court, or, in his absence, by the deputy clerk of court, as custodian of such court records.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4682. Preservation of duplicate file of transcripts of cases finally disposed of by Supreme Court; designation of Louisiana State University Law Library as depository; destruction of certain records

RS 13:4682 - Preservation of duplicate file of transcripts of cases finally disposed of by Supreme Court; designation of Louisiana State University Law Library as depository; destruction of certain records
A. Effective August 15, 2010, the Louisiana State University Law Library shall cease to serve as the depository for duplicate copies of transcripts and briefs of cases finally disposed of by the Supreme Court of Louisiana. Thereafter, the clerk of the Supreme Court of Louisiana shall not transmit duplicate copies of transcripts and briefs.
B. The Louisiana State University Law Library shall continue to store and maintain records transmitted by the clerk of the Supreme Court between the dates of January 1, 1980, through August 15, 2010, pending further orders of the Supreme Court of Louisiana.
C. All duplicate records received by the Louisiana State University Law Library prior to January 1, 1980, may be destroyed.
Acts 2010, No. 463, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4683. Same; delivery to depository of copy of brief and transcript; recall

RS 13:4683 - Same; delivery to depository of copy of brief and transcript; recall
The clerk of the supreme court is directed to deliver to the Law Library of the Louisiana State University, the depository designated in R.S. 13:4682, a copy of each brief filed in the supreme court, and to deliver to this depository a copy of the transcript when each case is finally disposed of by the supreme court. Any records so deposited may be recalled at pleasure by requisition of the chief justice, any associate justice or by the clerk of the supreme court.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4684. Same; clerk to turn over duplicate copies to law library

RS 13:4684 - Same; clerk to turn over duplicate copies to law library
The clerk of the supreme court is further directed to turn over to the Law Library of the Louisiana State University, a depository, any duplicate copies of each transcript and brief in the files of the supreme court and the depository shall catalogue, index and preserve the documents.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4685. Construction of R.S. 13:4682 through 13:4685; intention

RS 13:4685 - Construction of R.S. 13:4682 through 13:4685; intention
Nothing herein contained shall be so construed as to hamper the supreme court in the performance of its judicial functions, it being the sole purpose and intention of R.S. 13:4682 through 13:4685 to provide for the preservation of duplicate records no longer necessary for the business of the court.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4686. Preservation of documents and records of the courts of appeal; destruction of certain records

RS 13:4686 - Preservation of documents and records of the courts of appeal; destruction of certain records
A. Effective August 15, 2010, the Louisiana State University Law Library shall cease to serve as the depository for duplicate copies of transcripts and briefs of cases finally disposed of by the Courts of Appeal of the State of Louisiana. Thereafter, the clerks of the Courts of Appeal shall not transmit such duplicate copies of transcripts and briefs.
B. Any duplicate records transmitted to the Louisiana State University Law Library by a Court of Appeal prior to August 15, 2010, may be removed and destroyed by the library after the lapse of five years from the date of deposit. The duplicate records transmitted by a Court of Appeal shall be retained for the five-year period except as otherwise ordered by the Supreme Court of Louisiana.
C. Notwithstanding any other provision of law to the contrary, except as authorized by order of the Supreme Court of Louisiana, the Louisiana State University Law Library shall not dispose of any records of any criminal cases that have been previously transferred to the Louisiana State University Law Library by the Fourth Circuit Court of Appeal or the Fifth Circuit Court of Appeal.
Acts 1990, No. 88, §1; Acts 2010, No. 463, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4687. Divorce proceedings; confidential status of pleadings and testimony upon reconciliation

RS 13:4687 - Divorce proceedings; confidential status of pleadings and testimony upon reconciliation
A. Whenever the parties to a divorce proceeding shall effect a reconciliation and resume marital life together prior to rendition of judgment on the merits in the district court, and the plaintiff's petition is withdrawn, the court, upon joint motion of plaintiff and defendant, may order that all pleadings and testimony be separated from other court records and maintained in a confidential status, inaccessible to any person except upon order of court upon joint motion of both litigants.
B. The court may punish for contempt anyone violating the provisions of this Section.
Acts 1990, No. 361, §2, eff. Jan. 1, 1991.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4688. Actions for offenses and quasi offenses; reporting

RS 13:4688 - Actions for offenses and quasi offenses; reporting
A. When a suit has been filed in state district court for damages arising from an offense or quasi offense, including but not limited to wrongful death or redhibition, the clerk of court shall submit information as required by rule of the Supreme Court of Louisiana to the office of the judicial administrator of the supreme court. The judicial administrator shall provide for the method of communication of information provided pursuant to the provisions of this Section.
B. A processing fee of five dollars for the clerk of court and five dollars for the office of the judicial administrator shall be taxed as costs of court in each suit on which the information required by supreme court rule is submitted by the clerk of court. The court costs shall not exceed a total of ten dollars for each suit.
C. The information received by the judicial administrator pursuant to the supreme court rules shall not be subject to subpoena for any purpose by any court or public or legislative body. No state official or employee, clerk of court, nor an employee of a clerk of court shall be subject to subpoena by any court or public or legislative body for the purpose of providing evidence of information provided or obtained pursuant to the supreme court rules.
Acts 2010, No. 706, §1, eff. Jan. 1, 2012; Acts 2014, No. 179, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4711. Definitions; right to enjoin; abatement

RS 13:4711 - Definitions; right to enjoin; abatement
A. For the purposes of this Subpart, the following terms shall have the following definitions:
(1) "Maintenance of a nuisance" means to conduct, carry on, or knowingly permit to exist on one's premises a prohibited activity as defined in this Subsection.
(2) "Notice of violation" means a written notice advising the owner, tenant, occupant, operator, or other proprietary party of instances in which the premises have been used for prohibited activities and rendering the premises subject to an action for abatement of a public nuisance.
(3) "Premises" means any building, structure, land, watercraft, or movable owned or occupied by any proprietary party or representative thereof. Premises does not mean any premises which are regulated by Title 26 of the Louisiana Revised Statutes of 1950.
(4) "Prohibited activity" means:
(a) Any activity defined as a crime of violence in accordance with R.S. 14:2, any crime involving the illegal carrying or discharge of a weapon in accordance with R.S. 14:94 through 95.8, or theft which is a felony or illegal possession of stolen things in accordance with Title 14 of the Louisiana Revised Statutes of 1950.
(b) The illegal manufacture, sale, or distribution of, or possession with intent to manufacture, sell, or distribute, a controlled dangerous substance, as defined by R.S. 40:961 or of drug paraphernalia as defined by R.S. 40:1021.
(c) Prostitution, in accordance with R.S. 14:82.
(d) Obscenity, in accordance with R.S. 14:106.
(5) "Proprietary party" means an owner, lessee, sublessee, tenant, operator, or occupant of any premises covered by this Subpart.
(6) "Representative" means an officer, agent, employee, member, or other representative of a proprietary party.
B. Maintenance of a nuisance in or upon any premises by a proprietary party, his representative, or any person acting in active concert with him or them may be enjoined as provided in this Subpart. Maintenance of the same nuisance at any other location within the jurisdictional area of the court issuing the injunction by such individuals may be enjoined in such action.
C. An order of abatement directing the effectual closing of the premises in question may be entered as part of the judgment in the case as provided in R.S. 13:4715.
Acts 1977, No. 717, §2, eff. July 20, 1977; Acts 1992, No. 312, §1, eff. June 17, 1992; Acts 2001, No. 570, §1; Acts 2003, No. 498, §1; Acts 2008, No. 650, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4712. Right to petition for injunction or order of abatement

RS 13:4712 - Right to petition for injunction or order of abatement
The issuance of an injunction or order of abatement pursuant to this Subpart may be petitioned for by the following parties: the attorney general of the state of Louisiana, in the name of the state and of the respective parish and without payment of any costs; the district attorney, in the name of the respective parish and without payment of any costs; the sheriff, through his attorney or designated representative, in the name of the respective parish and without the payment of any costs; the governing authority of the respective municipality, parish, or consolidated city-parish government, through its attorney or other designated representative in the name of the respective municipality, parish, or city-parish government and without payment of any costs; the mayor of the respective municipality, through his attorney or other designated representative in the name of the respective municipality; the chief of police of the respective municipality, through his attorney or other designated representative in the name of the respective municipality and without payment of any costs; or any seven residents of the election precinct wherein any nuisance described in this Subpart exists and without payment of costs.
Acts 1977, No. 717, §2, eff. July 20, 1977; Acts 2003, No. 498, §1; Acts 2007, No. 238, §1; Acts 2008, No. 650, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4714. Violations of injunction; punishment

RS 13:4714 - Violations of injunction; punishment
A violation of the provisions of an injunction issued in a cause instituted under the provisions of this Subpart shall constitute a contempt of court. A person found guilty of such contempt shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the parish prison for a period of not more than one year, or both. On conviction for a second or subsequent contempt the offender shall be punished by both fine and imprisonment.
Acts 1977, No. 717, §2, eff. July 20, 1977.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4715. Order of abatement

RS 13:4715 - Order of abatement
A. If it is established in an action under the provisions of this Subpart that maintenance of a nuisance exists and that the owner knew of its existence, an order of abatement may be entered as part of the judgment rendered in the case. The order of abatement shall direct the effectual closing of the premises for a period of five years, unless sooner released. However, for a nonconforming use of the premises, the order of abatement shall direct the effectual closing of the premises for at least six months and one day.
B. Any person who in any manner uses premises he knows have been so directed to be closed shall be guilty of contempt of court and punished therefor as provided in R.S. 13:4714.
Acts 1977, No. 717, §2, eff. July 20, 1977. Amended by Acts 1980, No. 802, §1; Acts 2008, No. 650, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4716. Release of property and discontinuance of action upon giving of bond; violations

RS 13:4716 - Release of property and discontinuance of action upon giving of bond; violations
A. If, after an order of abatement has been entered, the owner appears and pays all costs of the proceeding and files a bond with surety or sureties, bond in solido, to be approved by the clerk, in an amount to be ascertained by the court but said bond shall not exceed the sum of fifty thousand dollars, conditioned that he will immediately abate the nuisance for a period of five years thereafter, the court may, if satisfied of his good faith, order the release of the premises so closed under the order of abatement. Such release shall not affect any action against any person whatsoever.
B. If the bond is given and all costs therein are paid before judgment and order of abatement, the action shall be thereby discontinued as to only the premises.
C. In the event such bond is given and the premises released, each day that the owner knowingly permits the premises or any part thereof to be used for such prohibited activity during the term of the bond shall warrant a forfeiture of one hundred dollars under the bond for each day on which the premises are so used. Collection thereof shall be had by rule taken in the original action against the principal and sureties thereon, or either of them, and the release shall be revoked.
No forfeiture under the bond shall relieve the owner from any prosecution for contempt, and the consequences thereof. The penalty under the bond and the penalty for contempt shall be cumulative. The release of the property under the provisions of this Section shall not release it from any judgment, penalty, lien or liability to which it may be subject by law.
Acts 1977, No. 717, §2, eff. July 20, 1977. Amended by Acts 1980, No. 802, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4721. Gambling houses; definition; declared public nuisances

RS 13:4721 - Gambling houses; definition; declared public nuisances
A. For the purposes of this Subpart, or for the purposes of any action or prosecution in this Section, a gambling house is either:
(1) Any place whatsoever where any game of chance of any kind or character is played for money, for wagers, or for tokens, and where the conduct of such place operates, directly or indirectly, to the profit of one or more individuals and not exclusively to the direct profit of the actual participants in such game.
(2) Any place whatsoever where races, athletic contests, sports, and games are not actually held and where opportunity is afforded for wagering upon races, athletic contests, sports, and games of chance.
B. All gambling houses as defined in this Section are declared to be public nuisances, and the owners thereof, and the agents for such owners, or the lessees, sublessees, or other occupants thereof are declared to be guilty of maintaining a public nuisance.
C. The provisions of this Subpart shall not apply to any place where sports wagering is conducted in accordance with Chapter 10 of Title 27 of the Louisiana Revised Statutes of 1950 or Chapter 10 of Subtitle XI of Title 47 of the Louisiana Revised Statutes of 1950.
Acts 2021, No. 80, §1, eff. July 1, 2021; Acts 2021, No. 440, §2, eff. July 1, 2021.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4722. Abatement of nuisances; right to maintain action

RS 13:4722 - Abatement of nuisances; right to maintain action
The district attorney, in the name and on behalf of the parish and without the payment of any costs, the sheriff or the parish governing authority through its parish attorney or other designated representative, in the name of and on behalf of the parish and without the payment of any costs, or any ten residents of the election precinct wherein any nuisance described in R.S. 13:4721 exists, whether natural or artificial persons, shall have the right to file a suit in the district court having jurisdiction thereof in this state, or in the Civil District Court for the Parish of Orleans in the event it has jurisdiction, to abate the nuisances described in R.S. 13:4721 and to have the owner, lessee, sublessee, agent or other occupant thereof declared guilty of maintaining a public nuisance.
Amended by Acts 1960, No. 507, §1; Acts 1968, No. 362, §2.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4723. Action against owner of property; right to implead persons actually responsible

RS 13:4723 - Action against owner of property; right to implead persons actually responsible
When the name of the lessees, tenants, or other occupants of any gambling house as defined in R.S. 13:4721 is not known, the action to abate the nuisance created shall be brought against the person in whose name the said property stands on the assessment books of the parish in which the nuisance is situated at the time the action is filed, and such person shall be deemed to be the owner thereof for the purposes of this Sub-part. Any such owner made defendant as herein provided may, however, without delaying the trial of the action and within three days of being cited (counting Sundays, half-holidays and legal holidays) file an answer impleading the lessees or tenants actually responsible for the maintenance of the nuisance; and on proof that such owner is not implicated in the maintenance of the nuisance, he shall be dismissed with costs.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4725. Contempt of court; penalty

RS 13:4725 - Contempt of court; penalty
The violation of any judgment, interlocutory order or decree, injunction or restraining order, issued in any cause under this Sub-part shall constitute contempt of court; and the maintenance or operation of a nuisance as defined in R.S. 13:4721 by any person previously enjoined under the provisions of this Sub-part in any jurisdiction in the state from maintaining such a nuisance, is hereby declared to be contempt of the court in the jurisdiction where the nuisance is maintained, punishable upon the mere showing of the previous injunction and the maintenance of such nuisance.
Any person found guilty of contempt of court under the provisions of this Sub-part shall, for each offense, be fined not less than one hundred dollars nor more than two hundred and fifty dollars, and imprisoned for not less than thirty days nor more than six months.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4726. Fine for contempt lien on property

RS 13:4726 - Fine for contempt lien on property
Any fine for contempt levied against any owner of a place defined as a nuisance in R.S. 13:4721 or against any officer of a corporation which is the owner thereof, or against any lessee, tenant, or occupant, shall constitute and become a special lien and privilege on and against any and all property of such owner, officer, lessee, tenant, or occupant with priority over all other claims whatsoever, except state, parish, municipal, and special taxes and assessments. This lien and privilege may be enforced against any property of such owner, officer, lessee, tenant, or occupant in the same manner provided by law for the sale of real property under execution of judgments.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4727. Head of corporation; liability

RS 13:4727 - Head of corporation; liability
Where a gambling house as defined in R.S. 13:4721 is owned by a corporation, the president or executive head thereof shall be as fully amenable to the provisions of this Sub-part and the penalties hereunder as though such president or executive head were actually the owner of the gambling house.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4731. Alimony for support from children or grandchildren; summary proceedings; award

RS 13:4731 - Alimony for support from children or grandchildren; summary proceedings; award
When any person is in necessitous circumstances, that person may demand from his or her children or grandchildren alimony for support, and proceedings for that purpose may be instituted in any district court and shall be tried summarily. After hearing the parties, if the court finds the plaintiff to be in need and the defendant or defendants able to contribute to the support of the ancestor claiming it, the court shall award such amount as may be deemed proper, and shall order same payable weekly or monthly, and the judgment shall be at all times subject to the control of the court, by either increasing, decreasing or entirely canceling, as circumstances may require. All proceedings subsequent to the rendition of the judgment may be by rule.