reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4732. Execution on judgment

RS 13:4732 - Execution on judgment
For any judgment rendered in accordance with R.S. 13:4731 through 13:4733, execution may issue as in ordinary cases, but all property shall be liable thereto and none exempt therefrom and payment of the amount due may be enforced by the court by the process of contempt, should it be impossible to collect the judgment under execution.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4741. Proceeding by parish, municipality, etc.; approval by State Bond and Tax Board

RS 13:4741 - Proceeding by parish, municipality, etc.; approval by State Bond and Tax Board
No petition in relation to any plan for the readjustment of its debts by any parish, municipality, political subdivision, public board or public corporation, taxing district, or other agency of the state shall be received and filed in any court of bankruptcy of the United States, unless accompanied by the written approval of the State Bond and Tax Board, created at the 1935, 2nd Extra Session of the legislature, and no such plan of readjustment shall be put into temporary effect or finally confirmed by the courts of bankruptcy or carried into effect if already confirmed, without the written approval of the State Bond and Tax Board of such plans.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4751. Petition for name change; adults; minors

RS 13:4751 - Petition for name change; adults; minors
A. The name of a person may be changed as provided in this Section.
B. Whenever any person who has attained the age of majority desires to change his name, he shall present a petition to the district court of the parish of his residence, the parish of his birth, or the parish of venue for the Vital Records Registry, or, in the case of a person incarcerated in a penal institution, to the district court of the parish in which he was sentenced, setting forth the reasons for the desired change.
C. If the person desiring such change is a minor or if the parents or parent or the tutor of the minor desire to change the name of the minor:
(1) The petition shall be signed by the father and mother of the minor or by the survivor in case one of them be dead.
(2) If one parent has been granted custody of the minor by a court of competent jurisdiction, the consent of the other parent is not necessary under either of the following circumstances:
(a) The parental rights of the other parent have been terminated.
(b) The other parent has been served with a copy of the petition and any of the following exists:
(i) The other parent has refused or failed to comply with a court order of support for a period of one year.
(ii) The other parent has failed to support the child for a period of three years after judgment awarding custody to the parent signing the petition.
(iii) The other parent is not paying support and has refused or failed to visit, communicate, or attempt to communicate with the child without just cause for a period of two years.
(3) In case the minor has no father or mother living, the petition shall be signed by the tutor or tutrix of the minor and in default of any tutor or tutrix, shall be signed by a special tutor appointed by the judge for that purpose.
(4) The petition may be signed by either the mother or the father acting alone if a child has been given a surname which is different from that authorized in R.S. 40:34.2.
D.(1) A person who has been convicted of a felony shall not be entitled to petition for a change of name under the provisions of this Section until his sentence has been satisfied. This Subsection shall apply whether the offender is actually imprisoned or on probation or parole.
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection or any other provision of law to the contrary, a person convicted of any felony enumerated in R.S. 14:2(B) shall not be entitled to petition for a change of name.
Amended by Acts 1972, No. 768, §4; Acts 1978, No. 455, §1; Acts 1986, No. 269, §1; Acts 1988, No. 421, §1; Acts 1991, No. 673, §1; Acts 1993, No. 740, §2; Acts 1995, No. 201, §1; Acts 1995, No. 493, §1; Acts 1999, No. 790, §2 ; Acts 2001, No. 555, §1; Acts 2003, No. 489, §1; Acts 2015, No. 51, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4752. Representation of state; service

RS 13:4752 - Representation of state; service
The proceedings shall be carried on contradictorily with the district attorney or district attorney pro tem of the parish in which the application is made, who shall represent the state, and who shall be served with a copy of the petition and citation to answer the same.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4754. Judgment; true and lawful name; altering birth record

RS 13:4754 - Judgment; true and lawful name; altering birth record
A. If the prayer of the applicant is granted, judgment shall be rendered granting the change of name desired, which shall be the true and lawful name of the party asking the change after the recordation of the judgment in the miscellaneous records of the parish.
B. A Louisiana birth registrant seeking to have his original birth record altered to reflect his name change shall furnish the state registrar of vital records with a certified copy of the name change judgment, which judgment shall be accepted by the registrar who may alter only the name of the registrant.
Acts 1992, No. 755, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4791. Trial of cases for violation of rights guaranteed by constitution

RS 13:4791 - Trial of cases for violation of rights guaranteed by constitution
All cases brought for the purpose of vindicating, asserting or maintaining the rights, privileges and immunities guaranteed to all persons under the provisions of Article 1, §13 of the Constitution of Louisiana, or under the provisions of any acts of the Legislature to enforce this Article 1, §13, and to regulate the licenses therein mentioned, or for the purpose of recovering damages for the violation of said rights, privileges and immunities, shall be tried by the court, or by a jury, if any party to the suit prays for a trial by jury.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4792. Decision by judge when jury fail to render verdict

RS 13:4792 - Decision by judge when jury fail to render verdict
If the jury do not agree, or fail to render a verdict either for the plaintiff or defendant, the jury shall be discharged, and the case shall be immediately submitted to the judge upon the pleadings and evidence already on file, as if the case had been originally tried without the intervention of the jury. The judge shall decide the case at once, without any further proceedings, arguments, continuance or delay.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4811. §§4811 to 4816 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961

RS 13:4811 - §§4811 to 4816 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4817. Checks depositing funds continuously accruing

RS 13:4817 - Checks depositing funds continuously accruing
Supplemental deposits of funds continuously accruing, as provided in Article 4658 of the Code of Civil Procedure, may be made in the same manner as the initial deposit, except that when made by checks the latter need not be certified. Such checks, however, must contain thereon, or on vouchers attached thereto, the docket number of the concursus proceeding and sufficient additional information to enable the clerk of court to identify the deposits as such. No other formality in making or transmitting these deposits is required.
Amended by Acts 1958, No. 325, §1; Acts 1960, No. 32, §1, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4818. Concursus proceedings in the city of New Orleans; reference to special commissioner

RS 13:4818 - Concursus proceedings in the city of New Orleans; reference to special commissioner
Immediately upon issue being joined all concursus proceedings in the city of New Orleans may be referred by the court to a special commissioner to examine and report thereon as to the law and the facts applicable thereto.
Acts 2011, 1st Ex. Sess., No. 38, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4819. Same; qualifications of special commissioner

RS 13:4819 - Same; qualifications of special commissioner
The special commissioner appointed under the authority of R.S. 13:4818 through 13:4827 shall be learned in the law and shall have practiced law or shall have held judicial position in this state for five years, and shall have been an actual resident of the district for at least three years next preceding their appointment.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4820. Same; powers of special commissioner

RS 13:4820 - Same; powers of special commissioner
The special commissioner appointed under the authority of R.S. 13:4818 through 13:4827 may examine the parties in the cause, may examine on oath viva voce all witnesses produced by the parties before them and may order the examination of every witness to be taken under commission to be issued upon their certificates from the clerk's offices, or by deposition according to the laws of this state, may require the production of all books, papers, writing, vouchers and documents necessary and requisite in the case; may direct the manner and method in which matters requiring evidence shall be proved before them; may ascertain the amounts due all parties to the cause and may establish and fix all liens, their preference and priority, and may fix and establish the manner and method of the distribution of the fund involved in the cause and generally may do all other acts, make or cause other inquiries in the matters before him, which he may deem necessary and proper to enable him to fix and determine the rights of all interested parties.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4821. Same; hearings

RS 13:4821 - Same; hearings
Upon every reference, the special commissioner shall appoint a time and place for the hearing of the proceedings, and give due notice thereof to each of the parties or their attorneys and anyone interested. The special commissioner may proceed, co-operate, or in his discretion, may adjourn the examination and proceedings to a future date, giving notice to the absent party or his attorney of such adjournment. The special commissioner shall proceed with all reasonable diligence on every reference and with the least practicable delay, and any interested party may apply to the court or a judge thereof for an order directing the special commissioner to hasten the proceedings and to make his report and to certify to the court or judge the reasons for delay.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4822. Same; contents of report

RS 13:4822 - Same; contents of report
In the reports made by the special commissioner to the court, no part of any statement of facts, charge, affidavit, deposition or answer brought in or used before him shall be stated or recited but such statement of facts, charge, affidavit, deposition or answer shall be identified, specified and referred to so as to inform the court of what was brought before the special commissioner.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4823. Same; attendance of witnesses

RS 13:4823 - Same; attendance of witnesses
Witnesses who live in the parish or within one hundred miles of the place where the court is held, upon due notice to the opposite parties, may be summoned to appear before the special commissioner by subpoena in the usual form issued by the clerk of court requiring the attendance of the witnesses at the time and place specified. If any witness shall refuse to appear or to give evidence, he shall be deemed in contempt of court which, being certified to the clerk's office by the commissioner, an attachment may issue thereupon by order of court, in the same manner as if the contempt were for not attending, or for refusing to give any testimony in court. But nothing herein contained shall prevent the examination of witnesses viva voce when produced in open court, if the court in its discretion deems it advisable.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4824. Same; use of affidavits, depositions and documents

RS 13:4824 - Same; use of affidavits, depositions and documents
All affidavits, depositions and documents which have been previously made, heard or used in court upon any proceedings in any case or matter, may be used before the commissioner.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4825. Same; compensation of special commissioner

RS 13:4825 - Same; compensation of special commissioner
The compensation allowed the special commissioner under R.S. 13:4818 through 13:4827 for his services, shall be fixed by the court in its discretion, having regard to all the circumstances thereof, and the compensation shall be charged to and borne by the party cast or the mass in the discretion of the court.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4826. Same; return of report; exceptions

RS 13:4826 - Same; return of report; exceptions
The special commissioner, as soon as his report is completed, shall file it with the clerk, and the day of the filing shall be entered by the clerk in the appropriate docket book. The parties shall have ten days from the time of the filing of the report to file exceptions thereto. If no exceptions are filed within that period by any interested party, the report shall stand confirmed on the next rule day after the ten days have elapsed. If exceptions are filed, they shall be fixed for hearing on the second rule day after the ten days have elapsed, if the court is then in session; if not, it shall be fixed for hearing on the second rule day of the next sitting of the court.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4827. Same; costs on exceptions

RS 13:4827 - Same; costs on exceptions
To prevent exceptions to reports from being filed, from fraudulent causes or from mere delay, the parties whose exceptions are overruled for every exception overruled shall pay costs for the mass and for every exception allowed shall be entitled to costs from the mass.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4861. State or political subdivision; right of action for discovery and investigation

RS 13:4861 - State or political subdivision; right of action for discovery and investigation
The State of Louisiana and any parish, municipal or political corporation, board, commission or public body created by or under the constitution or laws of this state shall have a right of action for discovery and investigation when it alleges that it probably has a right of action against the defendant for an amount in excess of five hundred dollars, exclusive of interest and costs, or for property, rights, or other relief, having a value in excess of five hundred dollars. The action for discovery and investigation shall be heard by preference over all other matters whatever. Unless otherwise clearly indicated, action, as used in R.S. 13:4861 through 13:4875, means an action for discovery and investigation authorized by R.S. 13:4861 through 13:4875.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4862. Attorney General's power to bring action

RS 13:4862 - Attorney General's power to bring action
The Attorney General may proceed in an action for discovery and investigation by the state or by any parish, municipal or political corporation, board, commission or public body created by or under the constitution or laws of this state. He may instruct any district attorney to proceed in such action by any parish, political corporation, board, commission or public body of which he is by law the legal adviser. He may instruct the attorney of any municipal corporation to proceed in such an action by the municipal corporation. In his discretion, he may associate himself as attorney in such action, or supersede a district attorney or attorney for a municipal corporation.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4863. Jurisdiction

RS 13:4863 - Jurisdiction
The action shall be brought in a court which would have jurisdiction of an action by the plaintiff against the defendant for recovery of an amount in excess of five hundred dollars, exclusive of interest and costs, or property, rights or other relief of the nature described in the petition, having a value in excess of five hundred dollars, and arising out of the contract, transaction or acts described in the petition.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4865. Taking of testimony; hearings and continuances

RS 13:4865 - Taking of testimony; hearings and continuances
After the pleading is settled as provided in R.S. 13:4864 the plaintiff may apply to the court by motion for an order fixing a certain time at which testimony may be taken. A certified copy of this motion and the order thereon shall be served on the defendant. The court, on legal cause shown as in other actions or on agreement of the parties, may continue the hearing from time to time, or may continue it indefinitely, subject to re-assignment on motion of the plaintiff and notice to the defendant. Such hearing may be held in open court or in chambers, and during vacation of the court.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4866. Examination of witnesses

RS 13:4866 - Examination of witnesses
The plaintiff may cause summons to issue to the defendant, if a natural person, or to any officer of a defendant corporation, or to any person not a defendant residing in the parish where the action is pending, to appear as a witness at any time fixed by the court for the taking of testimony. The plaintiff may examine any such witness as under cross-examination, but he shall not become thereby the plaintiff's witness and his testimony shall not be binding on the plaintiff in any other action. The defendant under examination or an officer of a defendant corporation under examination may make a relevant statement as part of his testimony, but the defendant shall not be permitted to question any witness.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4867. Taking testimony on interrogatories or under commission

RS 13:4867 - Taking testimony on interrogatories or under commission
The plaintiff may apply to the court by motion for authority to take the testimony of the defendant or of any other person residing outside the parish in which the action is pending, or residing in the parish physically unable to attend court, orally or in response to written interrogatories filed with the motion. The defendant may, within three days after service of the interrogatories on him, take a rule on the plaintiff to strike out any interrogatory to which he objects, and the commission to take the testimony shall not be issued until after the rule has been passed upon by the court. At the taking of testimony orally under a commission the defendant may object to any question or to the introduction of any document, and the officer shall note the objection as part of the proceedings before him. The defendant shall not be permitted to propound written interrogatories or to question any witness where the testimony is being taken orally. Except as otherwise provided in R.S. 13:4861 through 13:4875, the provisions of law with respect to the taking of testimony under commission in other actions shall govern the taking of testimony in actions for discovery and investigation.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4868. Transcription of testimony

RS 13:4868 - Transcription of testimony
The official court reporter, regularly or specially employed, shall take and transcribe the testimony taken in court, and the officer before whom testimony is taken under commission shall either take and transcribe the testimony or have it taken and transcribed by a competent stenographer under oath for the faithful performance of his duty. The stenographer taking and transcribing the testimony, whether in court or taken under commission, shall make three copies thereof and shall file one copy in the record and deliver one copy to the plaintiff and one copy to the defendant, all certified by him to be correct.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4869. Motion for court order to produce documents; listing of documents; inspection; objections

RS 13:4869 - Motion for court order to produce documents; listing of documents; inspection; objections
Irrespective of the right to apply for subpoena duces tecum, the plaintiff may apply to the court by motion for an order that the defendant or any other party file within the time to be fixed in the order a sworn list of all documents, including books, records, accounts, and papers, which are, or which have been, in his possession or control, as principal, agent or fiduciary, relating to the matter with respect to which the action is pending. The order may be directed to a corporation, domestic or foreign. If such order is made, the documents shall be listed with sufficient description for identification, in two schedules: (1) all those which the party is willing to produce, and the name and address of the party in whose possession or control each such document is; and (2) all those which party is not willing to produce, with a statement of the reasons for his objection to the production thereof, and with the name and address of the party in whose possession or control each such document is. The plaintiff may inspect and obtain copies and photographs of the documents listed in Schedule 1 at any time not inconvenient to the party having possession thereof. The plaintiff may apply to the court by motion for an order that any or all of the documents listed in Schedule 2 be produced for inspection and to be copied and photographed by the plaintiff at a time and place and in the manner to be fixed by the order.
No document required to be listed by a defendant, which is not listed, or which is listed in Schedule 1 and is not produced when reasonable demand is made for it, or which is listed in Schedule 2 and is not produced when an order for its production is made, shall be admissible in evidence at the instance of such defendant in any other action between the plaintiff and him.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4870. Subpoena duces tecum

RS 13:4870 - Subpoena duces tecum
Irrespective of the right to apply for an order that a sworn list of documents be filed, the plaintiff may apply to the court by motion for an order that a subpoena duces tecum issue, directed to the defendant or any other party and requiring him to produce in court or to the clerk of the court at a time to be fixed in the order all the documents, including books, records, accounts and papers, which are in his possession or control relating to any matter with respect to which the action is pending, or specified documents, including books, records, accounts and papers, which are in his possession or control and are alleged in the motion to relate to any matter with respect to which the action is pending. The subpoena duces tecum may be directed to a corporation, domestic or foreign. On motion of the party to whom the subpoena duces tecum is directed, after two days notice to the plaintiff, and on showing that the production of specified documents in court or to the clerk of court, for the reasons stated in the motion, would so inconvenience the party that he should not be required so to produce them, the court may enter an order, (1) permitting the party to comply with the subpoena duces tecum by producing in court or to the clerk sworn copies of such original documents and (2) directing the party to produce the original documents for inspection to be copied and photographed by the plaintiff at a time not inconvenient to such party. Such copies may not be withdrawn by the defendant. The return of the party shall be made under oath that it is a full and correct compliance with the subpoena duces tecum, except as to described documents which, for the reasons stated in the return, are not produced. The plaintiff may apply to the court by motion for an order that the party produce the omitted documents. The clerk shall endorse on every document produced in court or to the clerk in compliance with a subpoena duces tecum the title and number of the action and the fact that the document is produced in compliance with a subpoena duces tecum directed to the party producing it. When documents are produced in court or to the clerk in compliance with a subpoena duces tecum the plaintiff may apply to the court by motion for an order that they remain in the custody of the clerk for a time to be fixed in the order, for inspection and to be copied and photographed by the plaintiff.
No document required by a subpoena duces tecum directed to a defendant to be produced in court or to the clerk of the court, which or an authorized sworn copy of which is not so produced, or which is not produced for inspection and to be copied and photographed by the plaintiff after a sworn copy thereof is permitted to be produced in court or to the clerk, shall be admissible in evidence at the instance of such defendant in any other action between the plaintiff and him.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4871. Relevancy only ground of objection to evidence or production of documents

RS 13:4871 - Relevancy only ground of objection to evidence or production of documents
The sole ground on which the defendant may object to any question asked him or any other party as a witness, or to the introduction in evidence of any document, or to the production in court or to the clerk of any document in response to a subpoena duces tecum directed to him, shall be that the information sought by the question or contained in the document is not relevant to any matter with respect to which the action is pending. The court shall not exclude any question or document if it appears that the information may possibly relate to any matter with respect to which the action is pending.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4872. Admission or denial of genuineness

RS 13:4872 - Admission or denial of genuineness
The plaintiff may require the defendant to admit or deny the genuineness of any document which is produced, independently or in connection with the testimony of any witness, or which is listed by a party not a defendant in pursuance of R.S. 13:4869, or which a sworn copy of which is produced by a party not a defendant in compliance with a subpoena duces tecum. The genuineness of any document so admitted by a defendant, or any document listed by a defendant in pursuance of R.S. 13:4869 or produced by a defendant in compliance with a subpoena duces tecum, may not be questioned by any defendant in the action in any other action between the plaintiff and him.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4873. Documents; withdrawal from record

RS 13:4873 - Documents; withdrawal from record
The plaintiff may apply to the court by motion for an order permitting it to withdraw all or any part of the record in an action for the time to be specified in the order, upon leaving with the clerk a signed list of the documents so withdrawn. Documents other than pleading may be withdrawn permanently for use in evidence in any other action, but original documents produced in court or delivered to the clerk by a party in response to a subpoena duces tecum may not be so withdrawn without the consent of such party. The testimony of any witness in an action may be offered in evidence by the plaintiff in any other action between it and the defendant in the action if it appears that such witness has, at the instance or connivance of or in collusion with such defendant, absented or concealed himself.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4874. Willful failure or refusal to appear or testify; penalty

RS 13:4874 - Willful failure or refusal to appear or testify; penalty
If any party shall wilfully refuse or fail to appear as a witness, or, having appeared, shall wilfully refuse or fail to testify or to answer any question asked him, except on the ground that his answer would tend to incriminate him, or shall wilfully refuse or fail to file a list of documents in pursuance of R.S. 13:4869 or to produce for inspection and to be copied and photographed by the plaintiff documents listed in Schedule 1 or, when so ordered, to produce for inspection and to be copied and photographed by the plaintiff documents listed in Schedule 2, or shall wilfully refuse or fail to comply with a subpoena duces tecum directed to him or to produce for inspection and to be copied and photographed by the plaintiff documents sworn copies of which he is allowed to produce in court or to the clerk in compliance with a subpoena duces tecum, the court as for contempt may fine him in a sum not exceeding two hundred fifty dollars and sentence him to imprisonment for not more than thirty days.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4875. Costs and expenses

RS 13:4875 - Costs and expenses
Both the plaintiff and the defendant in an action for discovery and investigation shall be dispensed from paying the costs of court, except that for taking and transcribing testimony in courts whose official stenographers do not receive salaries and before officers taking testimony under commission the plaintiff shall pay the fees fixed by law for such stenographic service in other actions. In any other action against any defendant in the action, for a cause with respect to which the action for discovery and investigation is had, the plaintiff, in addition to its main demand, may claim such amounts as it may have paid for taking and transcribing the testimony in the action.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4911. §§4911 to 4926 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961

RS 13:4911 - §§4911 to 4926 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4941. Purchasers who may protect themselves from eviction by monition

RS 13:4941 - Purchasers who may protect themselves from eviction by monition
The purchasers of property at sheriffs' sales, those made by authority of the court, those made by the syndics of insolvent estates, and finally those of any description which are made by the authority of justice, and all subsequent purchasers by a regular chain of title, may protect themselves from eviction of the property so purchased, or from any responsibility as possessors of the same, by pursuing the rules prescribed in R.S. 13:4942 through 13:4951.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4942. Publication of monition; contents

RS 13:4942 - Publication of monition; contents
The purchasers shall publish a monition calling on all persons who can set up any right to the property, in consequence of informality in any order, decree or judgment of the court, under which the sale was made, or any irregularity or illegality in the appraisement and advertisement, in the time and manner of the sale or for any other defect whatsoever, to show cause within thirty days from the date the monition is first published, why the sale so made should not be confirmed and homologated. The publication shall be given one time for movable property and two times for immovable property, provided that the second publication for immovable property shall be published not earlier than seven days before and not later than the day before the thirtieth day following the first publication.
Amended by Acts 1972, No. 667, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4943. Contents of monition; description of property

RS 13:4943 - Contents of monition; description of property
This monition shall state the judicial authority under which the sale took place, and shall also contain the same description of the property purchased as that given in the judicial conveyance to the buyer, and shall further declare the price at which the object was bought.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4944. Grant of monition

RS 13:4944 - Grant of monition
The clerks of the respective courts from which the orders, decrees or judgments may have issued, and in virtue of which the sales ought to be homologated, which have been made, shall, on application of the buyer, grant this monition in the name of the state, and affix to it the seal of the court.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4945. Judgment confirming or annulling sale

RS 13:4945 - Judgment confirming or annulling sale
At the expiration of the thirty days, the party obtaining the monition may apply to the judge of the court, out of which the monition is issued, to confirm and homologate the sale, and the judge in case no cause is shown against the prayer for the monition, shall homologate and confirm the judicial sale in question; but before he does so confirm it, he shall be fully satisfied that the advertisements have been inserted in the newspapers, as already directed, and that the property has been correctly described, and the price at which it was purchased, truly paid. In case opposition be made to the homologation, and it should appear that the sale was made contrary to law, the judge shall annul it, otherwise to confirm it, as in case no opposition was made.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4946. Conclusiveness of judgment

RS 13:4946 - Conclusiveness of judgment
The judgment of the court, on the monition provided in R.S. 13:4945 shall be in itself conclusive evidence that the monition has been regularly made and duly advertised, nor shall any evidence be received thereafter to contradict the same, or to prove any irregularity in the proceeding.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4947. Judgment as res judicata; bar of claims; conclusive proof

RS 13:4947 - Judgment as res judicata; bar of claims; conclusive proof
The judgment of the court, confirming and homologating the sale, shall have the force of res judicata, and operate as a complete bar against all persons, whether of age or minors, whether present or absent, who may thereafter claim the property sold, in consequence of all illegality or informality in the proceeding, whether before or after judgment. The judgment of homologation shall in all cases be received and considered as full and conclusive proof that the sale was duly made according to law, in virtue of a judgment or order legally and regularly pronounced on the interest of parties duly represented.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4948. Sale not validated when party not duly cited; recourse by minors on tutors

RS 13:4948 - Sale not validated when party not duly cited; recourse by minors on tutors
Nothing contained in R.S. 13:4941 through 13:4951 shall be taken or understood so as to render valid any sale made in virtue of a judgment when the party cast was not duly cited to make defense. In every case where minors are interested, they shall have their recourse on their tutors, if they have improperly neglected to make opposition to the confirmation of the sale of their property.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4950. Time for payment by purchaser

RS 13:4950 - Time for payment by purchaser
Nothing contained in R.S. 13:4941 through 13:4951 shall be construed or understood to authorize the purchaser at a judicial sale to refuse carrying the same into effect, or to delay the payment of the price for a greater space of time than is now allowed by law.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4971. §§4971 to 4984 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961

RS 13:4971 - §§4971 to 4984 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4985. Nonjoinder of co-owners

RS 13:4985 - Nonjoinder of co-owners
Where real property is partitioned, either in kind or by licitation, by either judicial or conventional partition the fact that one or more co-owners are not parties thereto shall not affect the validity of such partition as to the co-owners who are parties thereto or their heirs or assigns; provided that the rights of any co-owner not a party to such partition shall not be affected thereby and the interest of such co-owner in the property partitioned shall remain the same as if the property had not been partitioned.
Acts 1952, No. 403, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4986. Application of provisions

RS 13:4986 - Application of provisions
R.S. 13:4985 through R.S. 13:4990 shall affect partitions heretofore or hereafter effected; provided that any co-owner of real property heretofore partitioned or his heirs or assigns, where one or more co-owners were not parties, shall have a period of six months from and after July 30, 1952, within which to file suit to set aside such partition, and if no such suit is filed within said period such partition shall be valid for all purposes as to the interest of the co-owners who were parties thereto.
Acts 1952, No. 403, §2.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4987. Definitions

RS 13:4987 - Definitions
The term "co-owner" as used in R.S. 13:4985 through R.S. 13:4990 is defined as the owner of any interest in the real property partitioned or any interest affecting such real property which renders such co-owner a proper party to a partition thereof.
Acts 1952, No. 403, §3.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4988. Parties affected

RS 13:4988 - Parties affected
The provisions of R.S. 13:4985 through R.S. 13:4990 shall be effective as to all parties including absentees, minors, and interdicts.
Acts 1952, No. 403, §4.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4989. Compulsory joinder of co-owner

RS 13:4989 - Compulsory joinder of co-owner
Nothing in R.S. 13:4985 through R.S. 13:4990 shall prevent any court in any judicial proceeding in which real property is sought to be partitioned, upon proper motion or exception, from ordering that any co-owner not then a party be joined as a party thereto.
Acts 1952, No. 403, §5.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4990. Diligence in locating co-owners; known co-owners made parties

RS 13:4990 - Diligence in locating co-owners; known co-owners made parties
In any judicial proceeding in which real property is sought to be partitioned upon the trial of the cause on the merits or upon rendition of a default judgment therein, due proof shall be made of a diligent effort on the part of the plaintiff to locate all co-owners of the property to be partitioned and of the fact that all known co-owners have been made parties thereto.
Acts 1952, No. 403, §6; Acts 2021, No. 174, eff. Jan 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5001. Suits for removal of judges of courts of appeal, district courts, or city courts for parish of Orleans

RS 13:5001 - Suits for removal of judges of courts of appeal, district courts, or city courts for parish of Orleans
Suits for the removal from office of any judge of a court of record for any of the causes specified in Article 9, Sec. 1 of the Louisiana Constitution of 1921 shall be brought and instituted, pursuant to Article 9, Sec. 5 of the Constitution, before the supreme court, by petition. The pleadings, citations and all the proceedings therein, shall be made and had as is now provided for, and practiced before, the district courts of the state in cases of usurpation in office, except insofar as may be otherwise provided in the constitution and by R.S. 13:5001 through 13:5006.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5002. Employment of counsel to aid state's attorney

RS 13:5002 - Employment of counsel to aid state's attorney
The citizens and taxpayers, at whose request the suit is instituted, at their own exclusive cost, may employ counsel to aid the state's attorney in instituting and conducting the suit.
Amended by Acts 1952, No. 127, §3.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5003. Powers of Supreme Court

RS 13:5003 - Powers of Supreme Court
The Supreme Court, in the exercise of its original jurisdiction in such cases, may grant all orders and may issue and may cause to be issued all writs, summons, warrants, commissions and all other process that may be necessary to secure a fair hearing and just trial thereof.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5004. Personal appearance of defendant judge

RS 13:5004 - Personal appearance of defendant judge
The Supreme Court, in all such cases, when the incompetency of the defendant judge, arising out of want of sufficient learning, or mental incapacity, shall be at issue, may cause such defendant, on its own motion, or on that of any party to the suit, or of any of the persons at whose request the same is instituted, to appear before it in person, in open session, there and then to answer any pertinent questions that may be put to him. Should the court over which such judge presides be in session at the same time with the session of the Supreme Court at which the case is to appear, the personal appearance of such judge shall not be required until such time as he may do so without interfering with and interrupting the session of his court.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5005. Summary trial; motions for new trial; when judgment effective and executory

RS 13:5005 - Summary trial; motions for new trial; when judgment effective and executory
All such suits shall be summary in their nature, and shall be tried without the intervention of a jury. Either party thereto may make motions for new trials, in the same manner and form and on the same ground in and on which such motions may be made before the district courts, but such motions must be made within three days after final judgment. All such motions must be made and disposed of before the final adjournment of the session at which the judgment may have been rendered. Upon the expiration of the delays for making motions for new trials, no motion for a new trial having been made, or on the overruling of such motion, if one has been made, the judgment being signed, shall take effect and be executory.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5031. Proceedings for determination or collection of tax, license, interest, penalty or attorney's fee; summary nature; by preference

RS 13:5031 - Proceedings for determination or collection of tax, license, interest, penalty or attorney's fee; summary nature; by preference
All proceedings, whether original or by intervention or third opposition, or otherwise, brought by or on behalf of the state, or by or on behalf of any of its officers, for the determination or collection of any tax, excise, license, interest, penalty or attorney's fees, claimed to be due under any statute of this state, shall be summary and shall always be tried or heard by preference, in all courts, original and appellate, whether in or out of term time and either in open court or chambers, at such time as may be fixed by the court, which shall be not less than two nor more than ten days after notice to the defendant or opposing party.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5032. Same; defenses; continuances

RS 13:5032 - Same; defenses; continuances
All defenses, whether by exception or to the merits, made or intended to be made to any such claim, must be presented at one time and filed in the court of original jurisdiction prior to the time fixed for the hearing, and no court shall consider any defense unless so presented and filed. This provision shall be construed to deny to any court the right to extend the time for pleading defenses; and no continuance shall be granted by any court to any defendant except for legal grounds set forth in the Code of Civil Procedure.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5033. Same; decisions within forty-eight hours; suspensive appeals

RS 13:5033 - Same; decisions within forty-eight hours; suspensive appeals
All matters involving any such claim shall be decided within forty-eight hours after submission, whether in term time or in vacation, and whether in the court of first instance or in an appellate court. All judgments sustaining any such claim shall be rendered and signed on the same day, and shall become final and executory on the fifth calendar day after rendition. No new trial, rehearing or devolutive appeal shall be allowed. Suspensive appeals may be granted, but must be perfected within five calendar days from the rendition of the judgment by the giving of bond, with surety in a sum double that of the total amount of the judgment, including costs. Such appeals, whether to a court of appeal or to the Supreme Court, shall be made returnable in not more than fifteen calendar days from the rendition of the judgment.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5034. Same; prima facie case; burden of proof

RS 13:5034 - Same; prima facie case; burden of proof
Whenever the pleadings filed on behalf of the state, or on behalf of any of its officers charged with the duty of collecting any tax, excise, license, interest, penalty or attorney's fees, shall be accompanied by an affidavit of the officer or of one of his deputies or assistants, or of the counsel or attorney filing the same, that the facts as alleged are true to the best of the affiant's knowledge or belief, all of the facts alleged in the pleadings shall be accepted as prima facie true and as constituting a prima facie case, and the burden of proof to establish anything to the contrary shall rest wholly on the defendant or opposing party.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5035. Suits for trespass, damages or possession of real property; summary trial; special jury panel

RS 13:5035 - Suits for trespass, damages or possession of real property; summary trial; special jury panel
All suits for trespass, for damages, or for possession of real property, filed by the state against any person, firm or corporation, and all matters incidental thereto shall be heard and determined by the court in a summary manner, in term time, or vacation. Should a trial by jury be demanded, a special panel shall be drawn for such purpose in accordance with the presently existing law. All judgments rendered in any of these causes shall also be tried summarily by the appellate court having jurisdiction.