reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3205. Default judgment; hearings; proof of service of process

RS 13:3205 - Default judgment; hearings; proof of service of process
No default judgment may be rendered against the defendant and no hearing may be held on a contradictory motion, rule to show cause, or other summary proceeding, except for actions pursuant to R.S. 46:2131 et seq., until thirty days after the filing in the record of the affidavit of the individual who has done any of the following:
(1) Mailed the process to the defendant, showing that it was enclosed in an envelope properly addressed to the defendant, with sufficient postage affixed, and the date it was deposited in the United States mail, to which shall be attached the return receipt of the defendant.
(2) Utilized the services of a commercial courier to make delivery of the process to the defendant, showing the name of the commercial courier, the date, and address at which the process was delivered to the defendant, to which shall be attached the commercial courier's confirmation of delivery.
(3) Actually delivered the process to the defendant, showing the date, place, and manner of delivery.
Added by Acts 1964, No. 47, §3; Acts 2003, No. 619, §1; Acts 2007, No. 140, §2; Acts 2017, No. 419, §2; Acts 2021, No. 174, §2, eff. Jan. 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3206. "Nonresident" as used in R.S. 13:3201 through 3207

RS 13:3206 - "Nonresident" as used in R.S. 13:3201 through 3207
As used in R.S. 13:3201 through 3207, "nonresident" includes an individual, his executor, administrator, or other legal representative, who at the time of the filing of the suit is not domiciled in this state, or a partnership, association, or any other legal or commercial entity, other than a corporation, not then domiciled in this state, or a corporation or limited liability company which is not organized under the laws of, and is not then licensed to do business in, this state.
Added by Acts 1964, No. 47, §3; Acts 1997, No. 1056, §2; Acts 1999, No. 145, §3.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3207. R.S. 13:3201-13:3206 provide additional remedies; no conflict with certain code and statutory provisions

RS 13:3207 - R.S. 13:3201-13:3206 provide additional remedies; no conflict with certain code and statutory provisions
R.S. 13:3201 through 13:3206 provide additional remedies, and do not in any way affect, conflict with, modify, or repeal any code article or statute providing any other remedy, including without being limited to any of the provisions of the Louisiana Code of Civil Procedure, R.S. 13:3471(1), R.S. 13:3472, R.S. 13:3474 and 13:3475, R.S. 13:3479 through 13:3482, R.S. 13:3914, or R.S. 22:1269.
Added by Acts 1964, No. 47, §3; Acts 2008, No. 415, §2, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3231. Venue in suits against public carriers

RS 13:3231 - Venue in suits against public carriers
Steamboats, railroads and other public carriers doing business in the State of Louisiana may be sued either in the courts at the point of delivery, or in the courts at the point of shipment, or in the courts at the domicile of such steamboat or other public carrier at the option of the party bringing suit for recovery of all freight they may fail, refuse or neglect to deliver, or for all damages arising from such failure, refusal or neglect, or for all damages done to freight while in transit.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3232. Suits arising from sale or manufacture of sugar cane or syrup; venue

RS 13:3232 - Suits arising from sale or manufacture of sugar cane or syrup; venue
In all cases where sugar cane is sold by the ton or otherwise, to another, or is delivered to another person to be manufactured for a portion of the product thereof, and in all cases where cane syrup is sold or delivered to another, to be manufactured for account of the person delivering the same, for a portion of the product thereof or otherwise, all suits brought for the recovery of such cane or syrup or the product, price or value thereof as well as all suits for the recovery of damages arising from or growing out of the manufacture of the cane or syrup, or from any contract or agreement relating to it, or for the inexecution of such contract or agreement, shall be brought, at the option of plaintiff, either at the domicile of defendant, whether such defendant is a corporation, stock company, partnership or individual, or in the parish where is situated the factory at which the cane or syrup is manufactured or delivered for that purpose, whether such parish be the domicile of the defendant or not.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3233. Labor and materials furnished on farm or plantation; venue

RS 13:3233 - Labor and materials furnished on farm or plantation; venue
Parties holding claims against any citizen of this state for labor performed, or for supplies or materials furnished, or for improvements made upon any farm or plantation, or real estate, may institute suit for the recovery of such claims before any competent court having territorial jurisdiction of the property, whether the owner be domiciled or not in the parish where the property is situated.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3234. §§3234 to 3236 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961

RS 13:3234 - §§3234 to 3236 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3239. Venue in action on official bond of state officer

RS 13:3239 - Venue in action on official bond of state officer
An action on the official bond of a state officer, against the latter or his surety, or both, may be brought in the parish where the officer performs the duties of his office.
Added by Acts 1960, No. 32, §6, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3240. Suits to enforce laws for protection of aquatic life; jurisdiction; venue

RS 13:3240 - Suits to enforce laws for protection of aquatic life; jurisdiction; venue
A. The district courts in and for all parishes bordering upon the Gulf of Mexico or its arms or inlets have concurrent jurisdiction to enforce all statutes and regulations enacted or passed for the protection, preservation and propagation of wildlife or salt water fish, shrimp, oysters or other salt water aquatic life in all cases arising from the violation of any such statute or regulation on, in and under the Gulf of Mexico within the territorial jurisdiction of the state of Louisiana.
B. In the case of the illegal operation of a vessel registered at a port in any one of the said parishes, the vessel, and all persons subject to prosecution in connection with such illegal operation, shall be proceeded against in the district court of the parish where such vessel is registered.
Added by Acts 1975, No. 82, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3241. Suits brought by political subdivision on open account; venue

RS 13:3241 - Suits brought by political subdivision on open account; venue
A. An action by any municipality, parish, water district, sewerage district, or any public utility operated by a political subdivision of the state to enforce the collection of an open account may be instituted either in the parish in which the political subdivision or utility district is located, in the parish where the premises serviced is located, or in any other parish where, by law, such action may be instituted.
B. For the purposes of this Section and Code of Civil Procedure Articles 1702, 1702.1, 4904, and 4921, "open account" includes any account for which a part or all of the balance is past due, whether or not the account reflects one or more transactions. "Open account" shall include debts incurred for utility services and any applicable interest, penalties, or other charges levied by the political subdivision or utility district.
Acts 1986, No. 333, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3271. Transfer of action; clerk transmits copy of record

RS 13:3271 - Transfer of action; clerk transmits copy of record
When a court orders the transfer of an action to another court under Article 121, 122, or 932 of the Code of Civil Procedure, upon the payment of all fees due him under R.S. 13:3272 by the party requesting the transfer, the clerk of the transferring court shall transmit, by registered or certified mail, to the clerk of the court to which the action is transferred a certified copy of all of the pleadings, exhibits, and other documents filed, of the citation and return thereon, of all minute entries relating to the action, and of all orders and judgments rendered therein.
Amended by Acts 1960, No. 32, §1, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3272. Fees due clerk of transferring court; notices to party requesting transfer

RS 13:3272 - Fees due clerk of transferring court; notices to party requesting transfer
The clerk of the transferring court shall charge the party requesting the transfer all unpaid costs which have accrued, the fees to which such clerk is entitled for making the certified copies to be transmitted, and a fee of three dollars to cover such clerk's services and costs in giving the notices required hereinafter, and in mailing the certified copies to the clerk of the court to which the action is transferred.
Upon receipt of the order transferring the action, the clerk of the transferring court shall mail or deliver a written notice to the party requesting the transfer, or to his counsel of record, of the total amount of the fees due and to be due such clerk, as provided hereinabove in this section.
When such fees have been paid and the certified copies to be transmitted have been mailed to the clerk of the court to which the action is transferred, the clerk of the transferring court shall mail or deliver a written notice of such mailing to the party requesting the transfer, or to his counsel of record.
Amended by Acts 1960, No. 32, §1, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3273. Fees due clerk of court to which action is transferred

RS 13:3273 - Fees due clerk of court to which action is transferred
The party requesting the transfer shall pay to the clerk of the court to which the action is transferred all of the fees to which this clerk would have been entitled had the action been instituted initially, and all of the proceedings had, in such court.
Amended by Acts 1960, No. 32, §1, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3274. Transfer vacated if party requesting fails to pay clerks' fees timely

RS 13:3274 - Transfer vacated if party requesting fails to pay clerks' fees timely
If the party requesting the transfer fails to pay all of the fees due the clerks, as provided in R.S. 13:3272 and R.S. 13:3273, within ten days of the receipt of the written notice of the amount due, or written notice of the mailing of the certified copies, as the case may be, the transferring court, on motion of the adverse party or on its own motion, shall vacate its order transferring the action, and shall further:
(1) Dismiss the action without prejudice, if the transfer had been ordered under Article 121 or 932 of the Code of Civil Procedure; or
(2) Proceed with the action as if no request for its transfer had been made, if the transfer had been ordered under Article 122 of the Code of Civil Procedure.
Amended by Acts 1960, No. 32, §1, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3275. Duty of clerk of court to which action transferred

RS 13:3275 - Duty of clerk of court to which action transferred
When the certified copies have been received by the clerk of the court to which the action has been transferred, and all of the fees due him have been paid, he shall enter the action on his docket, file the certified copies, and proceed as he would have done had the action been instituted in his court initially.
Amended by Acts 1960, No. 32, §1, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3276. Appeal; execution of judgment

RS 13:3276 - Appeal; execution of judgment
An appeal may be granted by the court to which an action or proceeding was transferred and which rendered the judgment therein, and the judgment rendered therein may be enforced or executed, in the same manner as if the action or proceeding had been instituted in such court initially.
Amended by Acts 1960, No. 32, §1, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3277. §§3277 to 3279 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961

RS 13:3277 - §§3277 to 3279 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3331. Foreign administrator or executor may sue to recover damages for wrongful death

RS 13:3331 - Foreign administrator or executor may sue to recover damages for wrongful death
When a right of action to recover damages for the wrongful death of a nonresident vests in the administrator or executor appointed or confirmed by a court of the domicile of the deceased, this administrator or executor may institute and prosecute the action in a court of this state without the necessity of qualifying as ancillary administrator or executor.
Added by Acts 1960, No. 32, §6, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3332. §§3332 to 3347 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961

RS 13:3332 - §§3332 to 3347 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3348. Oaths of joint co-parties

RS 13:3348 - Oaths of joint co-parties
In all judicial proceedings, where two or more parties are joined in interest and are acting together as co-plaintiffs, co-defendants, co-intervenors, co-opponents or co-warrantors, co-movers, or co-parties of any sort, and where as such, they are or may hereafter be required to make oath, in order to take out any writ, summons, process or order, or any judgment or decree, or in order to file any motion, pleading or instrument of any description, it shall be sufficient if one only of such co-plaintiffs, co-defendants, co-intervenors, co-opponents, co-movers, co-warrantors, or co-parties of any sort, shall subscribe and swear to the affidavit prescribed.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3381. Stay of proceedings

RS 13:3381 - Stay of proceedings
A.(1) Notwithstanding any provision of law to the contrary, upon the filing of a motion to stay by the defendant, the court shall stay the proceedings on a claim for defamation of character, libel, slander, or damage to reputation when the plaintiff is an alleged perpetrator of sexual misconduct against the defendant who is the alleged victim until such time as all civil or criminal investigations, administrative hearings, or any other hearing or legal proceeding regarding the allegations of sexual misconduct are complete and final.
(2) For purposes of this Subsection, the motion to stay shall identify the forum of the pending investigation, hearing, or proceeding.
(3) For purposes of this Chapter, a plaintiff is "an alleged perpetrator of sexual misconduct" if there is a pending claim of unwelcome behavior of a sexual nature that was allegedly committed without consent or by force, intimidation, coercion, or manipulation and the victim of the unwelcome behavior is the defendant.
B.(1) Notwithstanding any provision of law to the contrary, if the claim for defamation of character, libel, slander, or damage to reputation referred to in Subsection A of this Section is determined by the court to be fraudulent or frivolous, the court shall order the plaintiff to pay all court costs and reasonable attorney fees and the defendant shall be entitled to exemplary damages.
(2) For the purposes of this Section, "fraudulent" and "frivolous" shall have the same meaning as provided in R.S. 13:5241.
(3) The amount of exemplary damages that may be awarded to the defendant by the court pursuant to Paragraph (1) of this Subsection shall be at the court's discretion and shall not be subject to any cap or similar limitation provided by law.
Acts 2018, No. 359, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3382. Waiver

RS 13:3382 - Waiver
A. Notwithstanding any provision of law to the contrary, a plaintiff filing a claim for defamation of character, libel, slander, or damage to reputation referenced in R.S. 13:3381, waives all privileges and protections relating to the civil or criminal investigations, administrative hearings, or any other hearing or legal proceeding regarding the alleged sexual misconduct.
B. Such waiver shall apply but not be limited to all evidence, records, testimony, and findings of an investigation, hearing, or proceeding.
C. Such waiver shall not be construed to waive the attorney-client privilege of any party.
Acts 2018, No. 359, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3383. Costs

RS 13:3383 - Costs
A defendant shall not be required to prepay costs to file an answer to a claim for defamation of character, libel, slander, or damage to reputation referenced in R.S. 13:3381.
Acts 2018, No. 359, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3411. §§3411 to 3414 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961

RS 13:3411 - §§3411 to 3414 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3415. Party not liable for slander or libel uttered by his attorney

RS 13:3415 - Party not liable for slander or libel uttered by his attorney
No party to an action or proceeding is liable for any slanderous or libellous words uttered by his attorney at law.
Acts 1960, No. 32, §6, eff. Jan. 1, 1961; Acts 1990, No. 989, §5, eff. Jan. 1, 1991.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3416. Directors of personnel of civil service as indispensable parties in judicial proceedings

RS 13:3416 - Directors of personnel of civil service as indispensable parties in judicial proceedings
The director of personnel of any department of state or city civil service existing under the provisions of Article XIV, Section 15 of the Constitution of Louisiana shall be an indispensable party in any judicial proceeding wherein relief is sought against any rule, decision, action or failure to act of the civil service commission under which the director functions, with all of the rights and remedies afforded to parties in litigation by the laws of this state.
Acts 1962, No. 57, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3417. Directors made parties in certain proceedings

RS 13:3417 - Directors made parties in certain proceedings
In any judicial proceeding involving an interpretation of or decision under any provision of Article XIV, Section 15 of the Constitution of Louisiana in which a director of personnel functioning thereunder is not an indispensable party, the director may be made a party thereto at any stage of the proceeding on his own motion or by motion of an indispensable party. Directors made parties to such proceedings shall possess all of the rights afforded to parties in litigation by the laws of this state including the right to appeal and to apply for and obtain writs from the courts of the state.
Acts 1962, No. 57, §2.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3418. Delivery of copies of pleadings and briefs

RS 13:3418 - Delivery of copies of pleadings and briefs
Copies of all pleadings and briefs filed or submitted in any proceeding in which a director of personnel is a party, as herein provided, shall be delivered to the director by the party filing or submitting the same. The director of personnel shall deliver to all adverse parties in such proceeding a copy of all pleadings and briefs filed or submitted on his behalf.
Acts 1962, No. 57, §3.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3419. Notices to director

RS 13:3419 - Notices to director
The clerk of court in which any action is brought, whether originally, by appeal, or otherwise, in any case in which a director of personnel is a party, as herein provided, shall give to such director all notices required to be furnished to a party in any similar judicial proceeding.
Acts 1962, No. 57, §4.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3421. Curatorship of the property of absent persons; court where proceedings are brought

RS 13:3421 - Curatorship of the property of absent persons; court where proceedings are brought
A. A petition for the appointment of a curator for an absent person, as provided in Civil Code Article 47, shall be filed in the district court of the parish where the absent person was domiciled at the time his absence commenced.
B. If the absent person was not domiciled in this state at the time his absence commenced, the petition may be filed in the district court of any parish where:
(1) Immovable property of the absent person is situated; or
(2) Movable property of the absent person is situated, if he owned no immovable property in the state at the time of his absence.
C. The venue provided in this Section may not be waived.
Acts 1990, No. 989, §4, eff. Jan. 1, 1991.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3422. Petitions filed in two or more courts

RS 13:3422 - Petitions filed in two or more courts
If petitions for the appointment of a curator for an absent person are filed in two or more competent courts, the court in which a petition was first filed shall proceed to a determination of the issues and the proceedings in the other courts shall be stayed. However, the first court may adopt as its own any of the proceedings taken in the other courts.
Acts 1990, No. 989, §4, eff. Jan. 1, 1991.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3423. Evidence of jurisdiction and relationship; affidavits

RS 13:3423 - Evidence of jurisdiction and relationship; affidavits
A. The absent person's domicile at the time of his absence, his ownership of property in this state, and all other facts necessary to establish the jurisdiction of the court may be evidenced by affidavits submitted with the petition of the person seeking to be appointed curator for the absent person. All other facts necessary to establish the relationship with the absent person may be evidenced either by official certificates or by affidavits.
B. The affidavits shall be executed by two persons having knowledge of the facts to which they have sworn, and shall be filed in the record of the proceeding.
C. The court may require further proof of any fact sworn to in the affidavit by the introduction of evidence as in ordinary cases.
D. No fact that is an issue in a contradictory proceeding to appoint a curator for an absent person may be proved by affidavit. Issues of fact shall be determined on the trial thereof only by evidence introduced as in ordinary cases.
Acts 1990, No. 989, §4, eff. Jan. 1, 1991.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3424. Costs

RS 13:3424 - Costs
In a proceeding to appoint a curator for an absent person conducted ex parte, the court costs are to be paid from the estate of the absent person. In all contradictory proceedings conducted pursuant to the filing of an opposition to the appointment, the court costs are to be paid by the party cast, unless the court directs otherwise.
Acts 1990, No. 989, §4, eff. Jan. 1, 1991.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3425. Notice

RS 13:3425 - Notice
A. The applicant for appointment as curator of an absent person shall attach to his petition an affidavit listing to the best of his knowledge those persons eligible for appointment as curator listed in R.S. 13:3433.
B. A copy of the petition for appointment shall be mailed by the applicant by registered or certified mail to each person listed in the affidavit, and to each person requesting notice pursuant to R.S. 13:3426, and shall notify him of the date and hour assigned by the court for a hearing thereon.
C. Notice of the application shall also be published once in the parish where the petition was filed, in the manner provided by law.
Acts 1990, No. 989, §4, eff. Jan. 1, 1991.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3426. Request for notice

RS 13:3426 - Request for notice
A. An interested person desiring to be notified of the filing of an application for appointment as curator of an absent person may petition the district court of the parish where the absent person was domiciled at the time his absence commenced for such notice. If the absent person was not domiciled in this state at the time his absence commenced, the petition for notice may be filed in the venue provided in R.S. 13:342l(B).
B. A petition for notice shall not be effective unless it is signed by the person requesting notice or his attorney, and sets forth:
(1) The name and domicile of the person requesting notice;
(2) A statement of the interest of the person requesting notice;
(3) The name and mailing address of the person to whom the requested notice shall be given; and
(4) A prayer that the requested notice be given.
C. When notice has been requested, the applicant for appointment as curator of the absent person shall mail a copy of his petition for appointment by registered or certified mail to the person designated to receive such notice.
Acts 1990, No. 989, §4, eff. Jan. 1, 1991.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3427. Descriptive list

RS 13:3427 - Descriptive list
A. The court shall order the filing of a detailed descriptive list of all the property of the absent person upon the filing of an application for appointment as curator. The list shall be sworn to and subscribed by the person filing it, shall show the location of all items of property of the absent person, and shall set forth the fair market value of each item at the time of the making of the list.
B. The descriptive list shall be accepted as prima facie proof of all matters shown therein, unless amended or traversed successfully.
C. The court may amend the descriptive list at any time to correct errors therein, on ex parte motion of the person filing it. Any interested person may traverse the descriptive list at any time, on contradictory motion served on the person filing it.
Acts 1990, No. 989, §4, eff. Jan. 1, 1991.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3428. Opposition

RS 13:3428 - Opposition
A. The opposition to an application for appointment as curator of an absent person shall be filed prior to the hearing on the application and shall be served on the applicant for appointment. The opposition shall be in writing and shall comply with the provisions of Code of Civil Procedure Articles 853 through 863. It shall state the name and domicile of the opponent, and shall allege the prior right of the opponent to the appointment, the grounds on which it is claimed the applicant is disqualified, the grounds on which it is claimed an appointment should not be made, or other grounds for the opposition. If the opposition is based on a prior right to the appointment, the opponent shall pray that he be appointed curator. The opposition shall conclude with a prayer for appropriate relief.
B. Responsive pleadings to an opposition may be filed as provided in Code of Civil Procedure Article 2593.
Acts 1990, No. 989, §4, eff. Jan. 1, 1991.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3429. Hearing

RS 13:3429 - Hearing
A. At any time after the expiration of ten days from date of publication or date of mailing of the notice as provided in R.S. 13:3425, whichever period is longer, if no opposition has been filed, and if the applicant shows that an appointment is necessary, the court shall appoint the applicant, unless he is disqualified under R.S. 13:3431.
B. If an opposition has been filed, it shall be tried in a summary proceeding. If the court finds a curatorship necessary, it shall appoint as curator the qualified claimant having the highest priority of appointment or shall appoint the best qualified of those having the same priority.
C. If all claimants are disqualified under R.S. 13:3431, the court may appoint a qualified person willing to accept the curatorship.
Acts 1990, No. 989, §4, eff. Jan. 1, 1991.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3430. Appeal

RS 13:3430 - Appeal
A. An appeal from a judgment confirming, appointing, or removing a curator or an undercurator can only be taken within thirty days from the applicable date provided in Code of Civil Procedure Article 2087(A).
B. Such judgment shall not be suspended during the pendency of an appeal. The acts of a curator or of an undercurator shall not be invalidated by the annulment of his appointment on appeal.
Acts 1990, No. 989, §4, eff. Jan. 1, 1991.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3431. Disqualification

RS 13:3431 - Disqualification
In proceedings for appointment of a curator for an absent person, no person may be appointed who is:
(1) Under eighteen years of age;
(2) Interdicted, or who, on contradictory hearing, is proved to be mentally incompetent;
(3) A convicted felon, under the laws of the United States or of any state or territory thereof;
(4) A nonresident of the state who has not appointed a resident agent for the service of process in all actions and proceedings with respect to the curatorship, and caused such appointment to be filed in the curatorship proceeding;
(5) A corporation not authorized to perform the duties of curator in this state;
(6) A person indebted to the absent person, except a spouse in community, unless he discharges the debt prior to the appointment;
(7) An adverse party to a suit to which the absent person is a party; or
(8) A person who, on contradictory hearing, is proved to be incapable of performing the duties of curator, or to be otherwise unfit for appointment.
Acts 1990, No. 989, §4, eff. Jan. 1, 1991.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3432. Revocation; removal; resignation

RS 13:3432 - Revocation; removal; resignation
A. If a person who is appointed curator or undercurator fails to qualify for the office within ten days from his appointment, on its own motion or on motion of any interested person, the court may revoke the appointment and appoint another qualified person to the office forthwith. The delay allowed herein may be extended by the court for good cause shown.
B. The court may, on its own motion or on motion of any interested party, remove a curator or undercurator who is or has become disqualified; has failed in or become incapable of discharging his duties; has mismanaged the absent person's property; or if such removal would be in the best interest of the absent person.
C. The curator or undercurator may resign when authorized by the court for any reason that the court in its discretion may deem sufficient, but the resignation shall not be effective until a successor has been appointed and qualified, and, in the case of a curator, a final account has been filed and homologated.
D. The resignation or removal of a curator or undercurator does not invalidate any of his official acts performed prior to his removal or resignation, and does not affect his liability for any acts performed prior to his removal or resignation. The curator or undercurator who has been removed or who has resigned has no further authority as such, and no further duty, except that the curator must file his final account.
E. When a curator or undercurator dies, is removed, or resigns, another curator or undercurator shall be appointed in his place in the manner provided in the original appointment.
Acts 1990, No. 989, §4, eff. Jan. 1, 1991.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3433. Priority of appointment; spouse in community

RS 13:3433 - Priority of appointment; spouse in community
When the appointment as curator for an absent person is claimed by more than one qualified person, preference in the appointment shall be given by the court in the following order to the absent person's:
(1) Spouse not judicially separated from him;
(2) Descendants;
(3) Parents; and
(4) Brothers or sisters, or descendants from them.
Acts 1990, No. 989, §4, eff. Jan. 1, 1991.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3434. Security

RS 13:3434 - Security
The court shall order the curator to furnish security, within ten days of the appointment, in a form and in an amount determined by the court as adequate to protect the interests of the absent person. The court may order the security to be increased, diminished, or replaced at any time for circumstances which the court may consider proper.
Acts 1990, No. 989, §4, eff. Jan. 1, 1991.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3435. Oath and letters

RS 13:3435 - Oath and letters
A. Before the person appointed as curator for an absent person enters upon the performance of his official duties, he must take an oath to discharge faithfully the duties of his office.
B. After the person appointed as curator for an absent person has qualified by furnishing security required of him by order of court and by taking his oath of office, the clerk shall issue to him letters of curatorship. These letters, issued in the name and under the seal of the court, evidence the appointment of the curator, his qualification, and his compliance with all requirements of law relating thereto.
Acts 1990, No. 989, §4, eff. Jan. 1, 1991.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3436. Undercurator

RS 13:3436 - Undercurator
A. At the time judgment is rendered appointing a curator for an absent person, the court shall also appoint a responsible person as undercurator. Before entering upon the performance of his official duties, the undercurator must take an oath to discharge faithfully the duties of his office.
B. The undercurator shall express his concurrence or nonconcurrence in action suggested by the curator to the court, as set forth in R.S. 13:3440, and shall act for the absent person whenever the absent person's interest is opposed to that of the curator.
C. The undercurator shall apply to the court for an order compelling the curator to file an account whenever the curator has failed to file his annual account or at any other time when the circumstances indicate that an account should be filed.
D. The curatorship does not devolve upon the undercurator when it is vacant. If a vacancy occurs, the undercurator shall apply to the court for the appointment of a new curator. The undercurator may apply to be appointed as the new curator.
E. The undercurator is relieved of further duty and authority as undercurator when the curatorship terminates; however, his liability for acts prior thereto shall not be affected.
Acts 1990, No. 989, §4, eff. Jan. 1, 1991.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3437. Duties

RS 13:3437 - Duties
A. The curator shall take possession of, preserve, and administer the absent person's property. He shall enforce all obligations in favor of the absent person, shall represent him in all civil matters, and may exercise all procedural rights available to a litigant. He shall act at all times as a prudent administrator, and shall be personally responsible for all damages resulting from his failure to act.
B. When an absent person has no known heirs and is presumed dead, it shall be the duty of the curator to initiate proceedings for a declaration of death.
Acts 1990, No. 989, §4, eff. Jan. 1, 1991.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3438. Powers

RS 13:3438 - Powers
The curator may exercise all functions with respect to the absent person's property consistent with prudent administration and disposition thereof. Within the limitations of the foregoing standard, the curator may, with the approval of the court as provided in R.S. 13:3440:
(1) Exercise all functions and activities with respect to the administration and disposition of the absent person's property, including, but not limited to, lease, sale, purchase, exchange, borrow, loan, mortgage, deposit and investment.
(2) Compromise an action or right of action by or against the absent person, or extend, renew, or in any manner modify the terms of an obligation owed by or to the absent person.
(3) Continue any business in which the absent person has an interest.
(4) Place all or a portion of the absent person's property in trust for administration, management and investment in accordance with the Louisiana Trust Code. The trust instrument shall name the absent person as sole beneficiary of the trust, shall name a trustee, and be subject to termination at the option of the beneficiary upon his return or at the option of his heirs or legatees after a declaration of death of the absent person. The court may, upon application, make such changes in the trust instrument as may be advisable. Upon creation of the trust, the curator shall be entitled to no further commissions with respect to the trust property.
(5) Perform the contract of the absent person who became an absent person before performing an executory contract evidenced by writing.
Acts 1990, No. 989, §4, eff. Jan. 1, 1991.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3439. Prohibited activities

RS 13:3439 - Prohibited activities
A. A curator cannot acquire any property of the absent person, or interest therein, personally or by means of a third person, unless authorized by the court in accordance with R.S. 13:3440. Acts prohibited by this Subsection shall be null, and the curator shall be liable for damages resulting therefrom.
B. A curator cannot make donations of any property of the absent person, but he may continue donations made by the absent person. The curator may accept donations made to the absent person.
Acts 1990, No. 989, §4, eff. Jan. 1, 1991.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3440. Authorization

RS 13:3440 - Authorization
A. The curator shall file a petition setting forth the subject matter to be determined affecting the absent person's interest, with his recommendations and the reasons therefore, and with a written concurrence by the undercurator. If the court approves the recommendation, it shall render a judgment of homologation. The court may require evidence prior to approving the recommendations.
B. If the undercurator fails to concur in the curator's recommendations, the curator shall proceed by contradictory motion against him. After such hearing and presentation of evidence as the court may require, the court shall decide the issues summarily and render judgment.
C. The order of court may contain such conditions, restrictions, regulations, and requirements as the court may direct.
D. The order of court may contain a general grant of authority empowering the curator to act without further court approval in connection with a particular business or function under his administration, subject to such limitation as the court may direct and subject to such accounting as may be ordered in accordance with R.S. 13:3443.
Acts 1990, No. 989, §4, eff. Jan. 1, 1991.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3441. Appointment of agent

RS 13:3441 - Appointment of agent
A curator who is a non-resident, or who is about to leave the state permanently, shall execute a power of attorney appointing a resident of this state to receive service of process in any action brought against him in his capacity as curator; and may authorize this agent to represent him in all matters relating to the curatorship. A curator who is domiciled in the state and who will be absent temporarily therefrom may similarly appoint such an agent for either or both of these purposes. In all cases, the power of attorney shall be filed in the curatorship proceeding.
Acts 1990, No. 989, §4, eff. Jan. 1, 1991.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3443. Accounting by curator

RS 13:3443 - Accounting by curator
A. A curator shall file an account annually, reckoning from the day of his appointment, and at any other time when ordered by the court on its own motion or on the application of any interested person.
B. A curator must file a final account within thirty days of the termination of his curatorship, unless the period is extended by the court for good cause shown.
C. The account of a curator shall contain the same matters required by Code of Civil Procedure Article 3333 for an account of a succession representative.
D. A copy of an annual account or final account filed by the curator shall be mailed by him by certified or registered mail, together with a notice that the account can be homologated after the expiration of fifteen days from the date of mailing and that any opposition must be filed before homologation:
(1) To the undercurator, in the case of an annual or interim account;
(2) To the absent person, if a final account is due because of his return;
(3) To the successor curator, if a final account is due because of the removal, resignation, death, or interdiction of the curator; or
(4) To the succession representative if a final account is due because of the death of the absent person.
E. An opposition to an account may be filed at any time prior to homologation, and shall be tried as a summary proceeding. If no opposition has been filed, the court may homologate the account at any time after the expiration of fifteen days from the date of the mailing required in Subsection (D).
F. A judgment homologating any account other than a final account shall be prima facie evidence of the correctness of the account. A judgment homologating a final account has the same effect as a final judgment in an ordinary action.
G. If a curator dies, an account of his administration may be filed by his succession representative or heirs. If a curator is interdicted, such an account may be filed by his curator. The court shall order the filing of such an account in either case, on the petition of an interested person.
H. Accounts filed by a curator are at the expense of the absent person, except that an account filed by a curator who has been removed or an account not filed timely is at the expense of the curator.
Acts 1990, No. 989, §4, eff. Jan. 1, 1991.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3444. Small curatorship

RS 13:3444 - Small curatorship
A. In a small curatorship wherein the absent person's property in Louisiana has a gross value of twenty thousand dollars or less, the court costs shall be one-half the court costs in similar proceedings in larger curatorships, provided the minimum costs in any case shall be five dollars.
B. If the court is satisfied that no one will accept the small curatorship and furnish the usual security, it shall appoint a curator, who shall comply with all requirements, but who need not furnish security.
Acts 1990, No. 989, §4, eff. Jan. 1, 1991.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3445. Appointment and qualification of provisional curator; functions, duties, authority

RS 13:3445 - Appointment and qualification of provisional curator; functions, duties, authority
A. On the application of an interested person or on its own motion, pending the appointment of a curator for an absent person, the court may appoint a qualified person as provisional curator, if such appointment is necessary.
B. A provisional curator is subject to the same requirements as to qualification, oath, security, and detailed descriptive list, and has the same functions, duties, and authority, as a provisional tutor. He shall continue in office until his appointment is terminated by the court or until a curator has been qualified.
Acts 1990, No. 989, §4, eff. Jan. 1, 1991.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3472. Service on foreign corporation through secretary of state

RS 13:3472 - Service on foreign corporation through secretary of state
In any case where service on a foreign corporation may be made through the secretary of state, under any law heretofore or hereafter enacted, such service may be made in person on the secretary of state anywhere in the state. Should the secretary of state be absent from his office, service may be made on the assistant secretary of state, or on some other individual in the office of the secretary of state designated by the latter to receive service of process in his absence, and such service has the same effect as if made upon the secretary of state personally.
Amended by Acts 1960, No. 32, §1, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3474. Operation of motor vehicle by non-resident as appointment of secretary of state as agent for service of process

RS 13:3474 - Operation of motor vehicle by non-resident as appointment of secretary of state as agent for service of process
The acceptance by non-residents of the rights and privileges conferred by existing laws to operate motor vehicles on the public highways of the state of Louisiana, or the operation by a non-resident or his authorized agent, employee or person for whom he is legally responsible of a motor vehicle within the state of Louisiana, shall be deemed equivalent to an appointment by such non-resident of the secretary of state of Louisiana or his successor in office, to be his true and lawful attorney for service of process, as well as the attorney for service of process of the public liability and property damage insurer of the vehicle, if such insurer be a non-resident not authorized to do business in the state, upon whom or such insurer, may be served all lawful process in any action or proceeding against the non-resident, or such insurer, growing out of any accident or collision in which the non-resident may be involved while operating a motor vehicle in this state, or while same is operated by his authorized agent or employee. In the event of the death of such non-resident before service of process upon him, any action or proceeding growing out of such accident or collision may be instituted against the executors or administrators of such deceased non-resident, if there be such, and if not, then against his heirs or legatees, and service may be made upon them as provided in R.S. 13:3475. Process against the defendant or defendants, the non-resident, his executors or administrators, if there be such, and if not, then against his heirs or legatees, or the liability insurer of such vehicle, as the case may be, shall be of the same legal force and validity as if served upon such defendant personally.
Amended by Acts 1954, No. 136, §1; Acts 1956, No. 138, §1; Acts 1958, No. 345, §1.