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2023 Louisiana Laws › Code of Civil Procedure › Art. 3606. Temporary restraining order; hearing on preliminary injunction

Art. 3606. Temporary restraining order; hearing on preliminary injunction
A. When a temporary restraining order is granted, the application for a preliminary injunction shall be assigned for hearing at the earliest possible time, subject to Article 3602, and shall take precedence over all matters except older matters of the same character. The party who obtains a temporary restraining order shall proceed with the application for a preliminary injunction when it comes on for hearing. Upon his failure to do so, the court shall dissolve the temporary restraining order.
B. In the event that the hearing on the issuance of a preliminary injunction is continued by the court because of a declared state of emergency made in accordance with R.S. 29:724, any temporary restraining order issued in the matter shall remain in force for five days after the conclusion of the state of emergency. When a temporary restraining order remains in force under this Paragraph, the court shall reassign the application for a preliminary injunction for hearing at the earliest possible time, but no later than five days after the conclusion of the state of emergency. The reassignment of the application shall take precedence over all matters except older matters of the same character.
Acts 2014, No. 618, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3607. Dissolution or modification of temporary restraining order or preliminary injunction

Art. 3607. Dissolution or modification of temporary restraining order or preliminary injunction
An interested person may move for the dissolution or modification of a temporary restraining order or preliminary injunction, upon two days' notice to the adverse party, or such shorter notice as the court may prescribe. The court shall proceed to hear and determine the motion as expeditiously as the ends of justice may require.
The court, on its own motion and upon notice to all parties and after hearing, may dissolve or modify a temporary restraining order or preliminary injunction.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3607.1. Registry of temporary restraining order, preliminary injunction or permanent injunction

Art. 3607.1. Registry of temporary restraining order, preliminary injunction, or permanent injunction
A. Immediately upon rendering a decision granting the petitioner a temporary restraining order or a preliminary or permanent injunction prohibiting a person from harming a family or household member or dating partner, or directing a person accused of stalking to refrain from abusing, harassing, or interfering with the victim of the stalking when the parties are strangers or acquaintances, the judge shall cause to have prepared a Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall immediately forward it to the clerk of court for filing on the day that the order is issued.
B. When a temporary restraining order, preliminary injunction, or permanent injunction relative to domestic abuse or dating violence or relative to stalking as provided for in Paragraph A of this Article, is issued, dissolved, or modified, the clerk of court shall transmit the Uniform Abuse Prevention Order to the Judicial Administrator's Office, Louisiana Supreme Court, for entry into the Louisiana Protective Order Registry, as provided in R.S. 46:2136.2(A), by facsimile transmission or direct electronic input as expeditiously as possible, but no later than the end of the next business day after the order is filed with the clerk of court. The clerk of the issuing court shall also send a copy of the Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), or any modification thereof, to the chief law enforcement officer of the parish where the person or persons protected by the order reside by facsimile transmission or direct electronic input as expeditiously as possible, but no later than the end of the next business day after the order is filed with the clerk of court. A copy of the Uniform Abuse Prevention Order shall be retained on file in the office of the chief law enforcement officer until otherwise directed by the court.
Added by Acts 1997, No. 1156, §2; Acts 2003, No. 750, §1; Acts 2014, No. 317, §5; Acts 2014, No. 355, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3608. Damages for wrongful issuance of temporary restraining order or preliminary injunction

Art. 3608. Damages for wrongful issuance of temporary restraining order or preliminary injunction
The court may allow damages for the wrongful issuance of a temporary restraining order or preliminary injunction on a motion to dissolve or on a reconventional demand. Attorney's fees for the services rendered in connection with the dissolution of a restraining order or preliminary injunction may be included as an element of damages whether the restraining order or preliminary injunction is dissolved on motion or after trial on the merits.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3609. Proof at hearings; affidavits

Art. 3609. Proof at hearings; affidavits
The court may hear an application for a preliminary injunction or for the dissolution or modification of a temporary restraining order or a preliminary injunction upon the verified pleadings or supporting affidavits, or may take proof as in ordinary cases. If the application is to be heard upon affidavits, the court shall so order in writing, and a copy of the order shall be served upon the defendant at the time the notice of hearing is served.
At least twenty-four hours before the hearing, or such shorter time as the court may order, the applicant shall deliver copies of his supporting affidavits to the adverse party, who shall deliver to the applicant prior to the hearing copies of affidavits intended to be used by such adverse party. The court, in its discretion, and upon such conditions as it may prescribe, may permit additional affidavits to be filed at or after the hearing, and may further regulate the proceeding as justice may require.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3610. Security for temporary restraining order or preliminary injunction

Art. 3610. Security for temporary restraining order or preliminary injunction
A temporary restraining order or preliminary injunction shall not issue unless the applicant furnishes security in the amount fixed by the court, except where security is dispensed with by law. The security shall indemnify the person wrongfully restrained or enjoined for the payment of costs incurred and damages sustained. However, no security is required when the applicant for a temporary restraining order or preliminary or permanent injunction is seeking protection from domestic abuse, dating violence, stalking, or sexual assault.
Acts 2003, No. 750, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3611. Penalty for disobedience; damages

Art. 3611. Penalty for disobedience; damages
Disobedience of or resistance to a temporary restraining order or preliminary or final injunction is punishable as a contempt of court. The court may cause to be undone or destroyed whatever may be done in violation of an injunction, and the person aggrieved thereby may recover the damages sustained as a result of the violation.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3612. Appeals

Art. 3612. Appeals
A. There shall be no appeal from an order relating to a temporary restraining order.
B. An appeal may be taken as a matter of right from an order or judgment relating to a preliminary or final injunction, but such an order or judgment shall not be suspended during the pendency of an appeal unless the court in its discretion so orders.
C. An appeal from an order or judgment relating to a preliminary injunction must be taken, and any bond required must be furnished, within fifteen days from the date of the order or judgment. The court in its discretion may stay further proceedings until the appeal has been decided.
D. Except as provided in this Article, the procedure for an appeal from an order or judgment relating to a preliminary or final injunction shall be as provided in Book III.
Acts 2001, No. 512, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3651. Petitory action

TITLE II
REAL ACTIONS
CHAPTER 1. ACTIONS TO DETERMINE
OWNERSHIP OR POSSESSION
Art. 3651. Petitory action
The petitory action is one brought by a person who claims the ownership of, but who does not have the right to possess, immovable property or a real right therein, against another who is in possession or who claims the ownership thereof adversely, to obtain judgment recognizing the plaintiff's ownership.
Amended by Acts 1981, No. 256, §1; Acts 2023, No. 421, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3652. Same; parties; venue

Art. 3652. Same; parties; venue
A. A petitory action may be brought by a person who claims the ownership of only an undivided interest in the immovable property or real right therein, or whose asserted ownership is limited to a certain period which has not yet expired, or which may be terminated by an event which has not yet occurred.
B. A lessee or other person who occupies the immovable property or enjoys the real right therein under an agreement with the person who claims the ownership thereof adversely to the plaintiff may be joined in the action as a defendant.
C. A petitory action shall be brought in the venue provided by Article 80(A)(1), even when the plaintiff prays for judgment for the fruits and revenues of the property, or for damages.
Amended by Acts 1981, No. 256, §1; Acts 2010, No. 185, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3653. Same; proof of title; immovable

Art. 3653. Same; proof of title; immovable
A. To obtain a judgment recognizing his ownership of immovable property or real right therein, the plaintiff in a petitory action shall:
(1) Prove that he has acquired ownership from a previous owner or by acquisitive prescription, if the court finds that the defendant has been in possession for one year after having commenced possession in good faith and with just title or that the defendant has been in possession for ten years.
(2) Prove a better title thereto than the defendant in all other cases.
B. When the titles of the parties are traced to a common author, the common author is presumed to be the previous owner.
Amended by Acts 1981, No. 256, §1; Acts 2023, No. 421, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3654. Proof of title in action for declaratory judgment, concursus, expropriation, or similar proceeding

Art. 3654. Proof of title in action for declaratory judgment, concursus, expropriation, or similar proceeding
When the issue of ownership of immovable property or of a real right therein is presented in an action for a declaratory judgment, or in a concursus, expropriation, or similar proceeding, or when the issue of the ownership of funds that are deposited in the registry of the court and that belong to the owner of the immovable property or of the real right therein is so presented, the court shall render judgment as follows:
(1) If the party who would be entitled to the possession of the immovable property or real right therein in a possessory action has been in possession for one year after having commenced possession in good faith and with just title or has been in possession for ten years, the court shall render judgment in favor of that party, unless the adverse party proves that he would be entitled to a judgment recognizing his ownership in a petitory action under Article 3653(A)(1).
(2) In all other cases, the court shall render judgment in favor of the party who proves better title to the immovable property or real right therein.
Amended by Acts 1981, No. 256, §1; Acts 2023, No. 421, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3655. Possessory action

Art. 3655. Possessory action
The possessory action is one brought by the possessor or precarious possessor of immovable property or of a real right therein to be maintained in his possession of the property or enjoyment of the right when he has been disturbed, or to be restored to the possession or enjoyment thereof when he has been evicted.
Amended by Acts 1981, No. 256, §1; Acts 2023, No. 421, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3656. Same; parties; venue

Art. 3656. Same; parties; venue
A. A possessory action may be brought by one who possesses for himself. A person entitled to the use or usufruct of immovable property, and one who owns a real right therein, possesses for himself. A possessory action may also be brought by a precarious possessor against anyone except the person for whom he possesses.
B. The possessory action shall be brought against the person who caused the disturbance, and in the venue provided by Article 80(A)(1), even when the plaintiff prays for a judgment for the fruits and revenues of the property, or for damages.
Acts 2010, No. 185, §1; Acts 2023, No. 421, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3657. Same; cumulation with petitory action or declaratory judgment action; reconventional demand or separate suit asserting ownership or title

Art. 3657. Same; cumulation with petitory action or declaratory judgment action; reconventional demand or separate suit asserting ownership or title
A. The plaintiff shall not cumulate the possessory action with either the petitory action or a declaratory judgment action to determine ownership. If the plaintiff does so, the possessory action does not abate, but the defendant may object to the cumulation by asserting a dilatory exception. If, before executory judgment in the possessory action, the plaintiff institutes the petitory action or a declaratory judgment action in a separate suit, the possessory action abates.
B. When the defendant in a possessory action asserts title in himself, in the alternative or otherwise, the defendant does not thereby convert the possessory action into a petitory action or judicially confess the possession of the plaintiff in the possessory action, but the defendant's assertions of title shall be considered in defense of the possessory action only for the purposes stated in Article 3661(B).
C. Unless the plaintiff in the possessory action seeks an adjudication of his ownership, the defendant shall not file a reconventional demand asserting a petitory action or declaratory judgment action to determine ownership. If, before executory judgment in a possessory action, the defendant therein institutes a petitory action or a declaratory judgment action to determine ownership in a separate suit he files against the plaintiff in the possessory action, the defendant in the possessory action judicially confesses the possession of the plaintiff in the possessory action.
Acts 2023, No. 421, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3658. Same; requisites

Art. 3658. Same; requisites
To maintain the possessory action the plaintiff shall allege and prove all of the following:
(1) The plaintiff had possession or precarious possession of the immovable property or real right therein at the time the disturbance occurred.
(2) The plaintiff and his ancestors in title, or the person for whom the plaintiff possesses precariously and that person's ancestors in title, had such possession quietly and without interruption for more than a year immediately prior to the disturbance, unless evicted by force or fraud.
(3) The disturbance was one in fact or in law, as defined in Article 3659.
(4) The possessory action was instituted within a year of the disturbance.
Amended by Acts 1981, No. 256, §1; Acts 2023, No. 421, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3659. Same; disturbance in fact and in law defined

Art. 3659. Same; disturbance in fact and in law defined
A. Disturbances of possession that give rise to the possessory action are of two kinds: disturbance in fact and disturbance in law.
B. A disturbance in fact is an eviction, or any other physical act that prevents the possessor of immovable property or of a real right therein from enjoying his possession quietly, or that throws any obstacle in the way of that enjoyment.
C. A disturbance in law is the occurrence or existence of any of the following adversely to the possessor of immovable property or a real right therein:
(1) The execution, recordation, or registry, after the possessor or his ancestors in title acquired the right to possess, of any instrument that asserts or implies a right of ownership or right to the possession of the immovable property or a real right therein.
(2) The continuing existence of record of any instrument that asserts or implies a right of ownership or right to the possession of the immovable property or a real right therein, unless the instrument was recorded before the possessor and his ancestors in title commenced possession.
(3) Any other claim or pretension of ownership or right to the possession of the immovable property or a real right therein, whether written or oral, except when asserted in an action or proceeding.
Amended by Acts 1981, No. 256, §1; Acts 2023, No. 421, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3660. Same; possession

Art. 3660. Same; possession
A. A person is in possession of immovable property or of a real right therein, within the intendment of the articles of this Chapter, when the person has the corporeal possession thereof, or civil possession thereof preceded by corporeal possession by him or his ancestors in title, and possesses for himself or precariously for another, whether in good or bad faith, or even as a usurper.
B. Subject to the provisions of Articles 3656 and 3664, a person who claims the ownership of immovable property or of a real right therein possesses through his lessee, through another who occupies the property or enjoys the right under an agreement with him or his lessee, or through a person who has the use or usufruct thereof to which his right of ownership is subject.
Amended by Acts 1981, No. 256, §1; Acts 2023, No. 421, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3661. Same; title not at issue; limited admissibility of evidence of title

Art. 3661. Same; title not at issue; limited admissibility of evidence of title
A. In the possessory action, the ownership or title of the parties to the immovable property or real right therein is not at issue.
B. No evidence of ownership or title to the immovable property or real right therein shall be admitted except to prove any of the following:
(1) The possession thereof by a party as owner.
(2) The extent of the possession thereof by a party and his ancestors in title.
(3) The length of time in which a party and his ancestors in title have had possession thereof.
Amended by Acts 1981, No. 256, §1; Acts 2023, No. 421, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3662. Same; relief that may be granted successful plaintiff in judgment; appeal

Art. 3662. Same; relief that may be granted successful plaintiff in judgment; appeal
A. A judgment rendered for the plaintiff in a possessory action shall:
(1) Recognize the plaintiff's right to the possession of the immovable property or real right therein, and restore him to possession thereof if he has been evicted, or maintain him in possession thereof if the disturbance has not been an eviction.
(2) Order the defendant to assert his adverse claim of ownership of the immovable property or real right therein in a petitory action to be filed within sixty days after the date the judgment becomes executory, or be precluded thereafter from asserting the ownership thereof, if the plaintiff has prayed for this relief and this relief is not precluded by Paragraph B of this Article.
(3) Award the plaintiff the damages to which he is entitled and for which he has prayed.
B. A judgment in a possessory action shall not grant the relief described in Subparagraph (A)(2) of this Article against the state or against a defendant who appeared in the action only through an attorney appointed to represent him under Article 5091.
C. A suspensive appeal from the judgment rendered in a possessory action may be taken within the delay provided in Article 2123, and a devolutive appeal may be taken from the judgment only within thirty days of the applicable date provided in Article 2087(A).
Amended by Acts 1981, No. 256, §1; Acts 2010, No. 185, §1; Acts 2023, No. 421, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3663. Sequestration; injunctive relief

Art. 3663. Sequestration; injunctive relief
Sequestration of immovable property or of a real right therein involved in a possessory or petitory action during the pendency thereof is available under the applicable provisions of Chapter 1 of Title I of Book VII.
Injunctive relief, under the applicable provisions of Chapter 2 of Title I of Book VII, to protect or restore possession of immovable property or of a real right therein, is available to:
(1) A plaintiff in a possessory action, during the pendency thereof; and
(2) A person who is disturbed in the possession which he and his ancestors in title have had for more than a year of immovable property or of a real right therein of which he claims the ownership, the possession, or the enjoyment.
Amended by Acts 1981, No. 256, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3664. Mineral rights asserted, protected and defended as other immovables

Art. 3664. Mineral rights asserted, protected and defended as other immovables
The owner of a mineral right may assert, protect, and defend his right in the same manner as the ownership or possession of other immovable property, and without the concurrence, joinder, or consent of the owner of the land or mineral rights.
Amended by Acts 1974, No. 547, §1, eff. Jan. 1, 1975.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3665. When mineral right owner may assert possessory action

Art. 3665. When mineral right owner may assert possessory action
If the owner of a mineral right possesses his right by use or exercise according to its nature, he becomes entitled one year and a day from the date of commencement of his possession to assert the possessory action. Thereafter, if there has been no adverse possession sufficient to include mineral rights, his right to assert the possessory action continues for one year from the date on which his right to bring the action matured or from the last day on which he was in possession of his right by use or exercise thereof, whichever is later.
Added by Acts 1974, No. 547, §2, eff. Jan. 1, 1975.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3666. Loss of right to bring possessory action by owner of mineral right

Art. 3666. Loss of right to bring possessory action by owner of mineral right
If after the owner of a mineral right has ceased possessing it by use or exercise according to its nature there is adverse possession of the land including the mineral right, the adverse possessor becomes entitled to bring the possessory action when he has been in possession quietly and without interruption for more than one year after his possession began or was resumed.
Added by Acts 1974, No. 547, §2, eff. Jan. 1, 1975.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3667. When proof of nonuse required in possessory action against owner of mineral right

Art. 3667. When proof of nonuse required in possessory action against owner of mineral right
In a possessory action against the owner of a mineral right subject to the prescription of nonuse, one possessing land as owner under a title which on its face discloses the mineral right in question must allege and prove that he has possessed the surface of the land as owner quietly and without interruption for more than one year prior to the date the action is brought and that for a period of at least ten years before the year preceding the date on which the action is brought the mineral right was not used or exercised according to its nature. The fact that prescription accruing against the mineral right in question may have been suspended or may have been interrupted for some cause other than use is irrelevant to the possessory action and can be utilized by the defendant only as a basis for claiming ownership of the disputed rights in a petitory action.
Added by Acts 1974, No. 547, §2, eff. Jan. 1, 1975.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3668. When proof of nonuse not required in possessory action against claimant of mineral right

Art. 3668. When proof of nonuse not required in possessory action against claimant of mineral right
In all cases other than those specified in Article 3667, one possessing land as owner need only allege and prove his quiet, uninterrupted possession for more than a year prior to assertion of a possessory action against one claiming a mineral right in the land.
Added by Acts 1974, No. 547, §2, eff. Jan. 1, 1975.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3669. Possessory action unavailable between owner of mineral servitude and owner of dependent mineral royalty

Art. 3669. Possessory action unavailable between owner of mineral servitude and owner of dependent mineral royalty
In the event of a dispute between the owner of a mineral servitude and the owner of a mineral royalty burdening or alleged to burden the servitude in question, the possessory action is unavailable to either party, and the only available real action is the petitory action. The burden of proof on the plaintiff in the petitory action is to prove a better title than that of the defendant.
Added by Acts 1974, No. 547, §2, eff. Jan. 1, 1975; Acts 2023, No. 421, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3670. Real actions against mineral lessee unavailable to mineral lessor or possessor bound by lease

Art. 3670. Real actions against mineral lessee unavailable to mineral lessor or possessor bound by lease
One who has granted a mineral lease, or who possesses under a title subject to a mineral lease, whether or not the lease is disclosed by his act of acquisition, cannot assert the real actions against the lessee on account of the termination of the lease by running of the term or occurrence of an express resolutory condition.
Added by Acts 1974, No. 547, §2, eff. Jan. 1, 1975.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3671. Real actions involving mineral rights subject to other provisions governing real actions generally

Art. 3671. Real actions involving mineral rights subject to other provisions governing real actions generally
Real actions involving mineral rights are subject to all of the rules established for other real actions by Articles 3651 through 3653 except to the extent that those articles are inconsistent with the express or implied terms of Articles 3664 through 3670.
Added by Acts 1974, No. 547, §2, eff. Jan. 1, 1975.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3692. Appointment of surveyor by court; duties of surveyor

Art. 3692. Appointment of surveyor by court; duties of surveyor
The court may appoint a surveyor to inspect the lands and to make plans in accordance with the prevailing standards and practices of his profession indicating the respective contentions of the parties.
Amended by Acts 1977, No. 169, §2, eff. Jan. 1, 1978.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3693. Evidence; judgment

Art. 3693. Evidence; judgment
After considering the evidence, including the testimony and exhibits of a surveyor or other expert appointed by the court or by a party, the court shall render judgment fixing the boundary between the contiguous lands in accordance with the ownership or possession of the parties.
Amended by Acts 1977, No. 169, §2, eff. Jan. 1, 1978.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3722. Enforcement by ordinary proceeding

Art. 3722. Enforcement by ordinary proceeding
When the mortgagee enforces a conventional mortgage by an ordinary proceeding, he must first obtain a judgment against the mortgagor and then execute the judgment. If it is not possible to obtain a personal judgment against the mortgagor, then the judgment shall be in rem.
Acts 2003, No. 1072, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3741. Right of enforcement

SECTION 2. HYPOTHECARY ACTION AGAINST THIRD PERSON
Art. 3741. Right of enforcement
A legal mortgage, after judgment on the original obligation has been obtained, a judicial mortgage, or a conventional mortgage may be enforced without reference to any alienation or transfer of the mortgaged property from the original debtor, and the creditor may cause the property to be seized and sold as though it were still owned by the original debtor and in his possession.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3743. Rights of third possessor

Art. 3743. Rights of third possessor
When property subject to a legal or a judicial mortgage is seized to enforce the mortgage, or is about to be seized for this purpose, and the property is no longer owned by the original debtor, the third possessor has the following rights:
(1) To arrest the seizure, or threatened seizure, and consequent judicial sale of the property by injunction on the grounds that the mortgage was not recorded, that the inscription of its recordation had perempted, or that the debt secured by the mortgage is prescribed or extinguished, or to plead discussion as provided in Articles 5154 and 5155; and
(2) All of the rights granted a third possessor under Article 2703(1) and (3).
2023 Louisiana Laws › Code of Civil Procedure › Art. 3751. Notice to be recorded to affect third persons

CHAPTER 4. NOTICE OF PENDENCY OF ACTION
Art. 3751. Notice to be recorded to affect third persons
The pendency of an action or proceeding in any court, state or federal, in this state affecting the title to, or asserting a mortgage or privilege on, immovable property does not constitute notice to a third person not a party thereto unless a notice of the pendency of the action or proceeding is made, and filed or recorded, as required by Article 3752.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3752. Requirements of notice; recordation

Art. 3752. Requirements of notice; recordation
A. The notice referred to in Article 3751 shall be in writing, signed by the plaintiff, defendant, or other party to the action or proceeding who desires to have the notice recorded, or by a counsel of record for such party showing the name of the persons against whom it is to be effective, the name of the court in which the action or proceeding has been filed, the title, docket number, date of filing, and object thereof, and the description of the property sought to be affected thereby.
B. This notice shall be recorded in the mortgage office of the parish where the property to be affected is situated and has effect from the time of the filing for recordation. The notice shall cease to have effect after ten years from the date of its filing for recordation. Nevertheless, if the action or proceeding is still pending, the notice may be reinscribed by refiling the notice. A reinscription of the notice that is filed before the effect of recordation ceases continues that effect for five years from the day the notice is reinscribed.
Acts 2005, No. 169, §3, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005; Acts 2006, No. 267, §1, eff. Aug. 15, 2007.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3753. Cancellation of notice of pendency

Art. 3753. Cancellation of notice of pendency
When judgment is rendered in the action or proceeding against the party who filed the notice of the pendency thereof, the judgment shall order the cancellation of the notice at the expense of the party who filed it, and as part of the costs of the action or proceeding. Nevertheless, the notice of pendency filed in connection with the proceeding which gave rise to the judgment shall be canceled at the request of any interested party if the judgment has been canceled or if the action or proceeding has been dismissed.
Acts 1999, No. 870, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3781. Petition; summary trial; issuance of writs

TITLE III
EXTRAORDINARY REMEDIES
CHAPTER 1. GENERAL DISPOSITIONS
Art. 3781. Petition; summary trial; issuance of writs
A writ of habeas corpus, mandamus, or quo warranto may be ordered by the court only on petition. The proceedings may be tried summarily and the writ when ordered may be signed by the clerk under the seal of the court, or it may be issued and signed by the judge without further formality.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3782. Return date

Art. 3782. Return date
Except as otherwise provided by law, a petition for a writ of habeas corpus, mandamus, or quo warranto shall be assigned for hearing not less than two or more than ten days after the service of the writ; but, upon proper showing, the court may assign the matter for hearing less than two days after the service of the writ.
Amended by Acts 1964, No. 483, §1; Acts 1966, No. 36, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3785. Disobedience of writ or judgment; contempt

Art. 3785. Disobedience of writ or judgment; contempt
A person who fails to comply with a writ of habeas corpus, or with a judgment rendered after a hearing on a petition for a writ of habeas corpus, mandamus, or quo warranto may be punished for contempt. When a sentence of imprisonment is imposed for contempt, imprisonment may continue until the defendant obeys the writ or judgment.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3821. Definition

CHAPTER 2. HABEAS CORPUS
Art. 3821. Definition
Habeas corpus is a writ commanding a person who has another in his custody to produce him before the court and to state the authority for the custody.
Custody, as used in this Chapter, includes detention and confinement.
A petition for a writ of habeas corpus may be filed by the person in custody or by any other person in his behalf.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3823. Persons authorized to make service; proof of service

Art. 3823. Persons authorized to make service; proof of service
A writ of habeas corpus may be served by any person over the age of twenty-one who is capable of testifying.
If the writ is served by someone other than a sheriff, the affidavit of the person who served it shall be prima facie proof of such service.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3824. Method of service

Art. 3824. Method of service
A writ of habeas corpus shall be served upon the party to whom it is addressed or who has the person in custody in the manner provided by Articles 1232 and 1233. If personal service cannot be made, service may be made by attaching the writ to an entrance door of the residence of the party to be served or to a door of the place where the person is in custody.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3825. Answer; production of person in custody

Art. 3825. Answer; production of person in custody
The person upon whom the writ has been served, whether it is directed to him or not, shall file an answer stating whether he has custody of the person named in the writ. If the person is in his custody, he shall produce him and state in his answer by what authority he holds the person detained.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3826. Transfer of custody; answer

Art. 3826. Transfer of custody; answer
If the person upon whom the writ of habeas corpus is served has transferred the custody of the person detained prior to service of the writ, he shall state in his answer the name and address of the person to whom custody was transferred, the time of and the authority for the transfer, and the place where the person detained is then in custody.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3831. Appeal not to suspend execution of judgment; delay

Art. 3831. Appeal not to suspend execution of judgment; delay
An appeal from a judgment ordering the release of a person from custody or placing him in the custody of another person shall not suspend the execution of the judgment.
Such an appeal shall be taken only within thirty days from the applicable dates provided in Article 2087(A).
Amended by Acts 1974, No. 132, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3861. Definition

CHAPTER 3. MANDAMUS
Art. 3861. Definition
Mandamus is a writ directing a public officer, a corporation or an officer thereof, or a limited liability company or a member or manager thereof, to perform any of the duties set forth in Articles 3863 and 3864.
Acts 2017, No. 419, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3862. Mandamus; issuance of

Art. 3862. Mandamus; issuance of
A writ of mandamus may be issued in all cases where the law provides no relief by ordinary means or where the delay involved in obtaining ordinary relief may cause injustice; provided, however, that no court shall issue or cause to be issued a writ of mandamus to compel the expenditure of state funds by any state department, board or agency, or any officer, administrator or head thereof, or any officer of the state of Louisiana, in any suit or action involving the expenditure of public funds under any statute or law of this state, when the director of such department, board or agency, or the governor shall certify that the expenditure of such funds would have the effect of creating a deficit in the funds of said agency or be in violation of the requirements placed upon the expenditure of such funds by the legislature.
Amended by Acts 1969, No. 34, §3.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3864. Mandamus against corporation or corporate officer; limited liability company or member or manager

Art. 3864. Mandamus against corporation or corporate officer; limited liability company or member or manager
A. A writ of mandamus may be directed to a corporation or an officer thereof to compel either of the following:
(1) The holding of an election or the performance of other duties required by the corporation's articles of incorporation or bylaws, or as prescribed by law.
(2) The recognition of the rights of the corporation's members or shareholders.
B. A writ of mandamus may be directed to a limited liability company or a member or manager thereof to compel either of the following:
(1) The holding of an election or the performance of other duties required by the limited liability company's articles of organization or operating agreement, or as prescribed by law.
(2) The recognition of the rights of the limited liability company's members.
Acts 2017, No. 419, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3901. Definition

CHAPTER 4. QUO WARRANTO
Art. 3901. Definition
Quo warranto is a writ directing an individual to show by what authority he claims or holds public office, or office in a corporation or limited liability company, or directing a corporation or limited liability company to show by what authority it exercises certain powers. Its purpose is to prevent usurpation of office or of powers.
Acts 2017, No. 419, §1
2023 Louisiana Laws › Code of Civil Procedure › Art. 3902. Judgment

Art. 3902. Judgment
When the court finds that a person is holding or claiming office without authority, the judgment shall forbid him to do so. It may declare who is entitled to the office and may direct an election when necessary.
When the court finds that a corporation or limited liability company is exceeding its powers, the judgment shall prohibit it from doing so.
Acts 2017, No. 419, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3941. Court where action brought; nullity of judgment of court of improper venue

TITLE IV.
DIVORCE AND ANNULMENT OF MARRIAGE
CHAPTER 1. DIVORCE AND ANNULMENT
Art. 3941. Court where action brought; nullity of judgment of court of improper venue
A. An action for an annulment of marriage or for a divorce shall be brought in a parish where either party is domiciled, or in the parish of the last matrimonial domicile.
B. The venue provided in this Article may not be waived, and a judgment rendered in either of these actions by a court of improper venue is an absolute nullity.
Acts 1990, No. 1009, §4, eff. Jan. 1, 1991.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3942. Appeal from judgment granting or refusing annulment or divorce

Art. 3942. Appeal from judgment granting or refusing annulment or divorce
A. An appeal from a judgment granting or refusing an annulment of marriage or a divorce can be taken only within thirty days from the applicable date provided in Article 2087(A).
B. Such an appeal shall suspend the execution of the judgment insofar as the judgment relates to the annulment, divorce, or any partition of community property or settlement of claims arising from the matrimonial regime.
Acts 1986, No. 225, §2; Acts 1990, No. 1009, §4, eff. Jan. 1, 1991.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3943. Appeal from judgment awarding, modifying, or denying custody, visitation, or support

Art. 3943. Appeal from judgment awarding, modifying, or denying custody, visitation, or support
An appeal from a judgment awarding, modifying, or denying custody, visitation, or support of a person can be taken only within the delay provided in Article 3942. Such an appeal shall not suspend execution of the judgment insofar as the judgment relates to custody, visitation, or support.
Acts 1993, No. 261, §3, eff. Jan. 1, 1994; Acts 2021, No. 259, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3944. Injunctive relief in divorce actions; bond not required in certain cases

Art. 3944. Injunctive relief in divorce actions; bond not required in certain cases
Either party to an action for divorce may obtain injunctive relief as provided in Part V of Chapter 1 of Code Title V of Code Book I of Title 9 (R.S. 9:371 et seq.) of the Revised Statutes without bond.
Acts 1990, No. 1009, §4, eff. Jan. 1, 1991.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3945. Incidental order of temporary child custody; injunctive relief; exceptions

Art. 3945. Incidental order of temporary child custody; injunctive relief; exceptions
A. The injunctive relief afforded either party to an action for divorce or other proceeding which includes a provision for the temporary custody of a minor child shall be governed by the additional provisions of this Article.
B. An ex parte order of temporary custody of a minor child shall not be granted unless:
(1) It clearly appears from specific facts shown by a verified petition or by supporting affidavit that immediate and irreparable injury will result to the child before the adverse party or his attorney can be heard in opposition.
(2) The applicant's attorney certifies to the court, in writing, either:
(a) The efforts which have been made to give the adverse party reasonable notice of the date and time such order is being presented to the court.
(b) The reasons supporting his claim that notice should not be required.
C. An ex parte order of temporary custody shall:
(1) Expire by operation of law within thirty days of signing of the order; however, the order may be extended for good cause shown at any time before its expiration for one period not exceeding fifteen days.
(2) Provide specific provisions for temporary visitation by the adverse party of not less than forty-eight hours during any fifteen-day period, unless the verified petition or supporting affidavit clearly demonstrates that immediate and irreparable injury will result to the child as a result of such visitation.
(3) Be endorsed with the date on which the ex parte order is signed and the date and hour of the rule to show cause.
D. The rule to show cause why the respondent should not be awarded the custody, joint custody, or visitation of the child shall be assigned for hearing not more than thirty days after signing of the ex parte order of temporary custody.
E. Any ex parte order not in compliance with the provisions of this Article is not enforceable, and is null and void.
F. In the event an ex parte order of temporary custody is denied, the court shall specifically allocate between the parents the time which the child shall spend with each parent at the hearing on the rule to show cause set pursuant to Paragraph D of this Article, unless immediate and irreparable injury will result to the child.
G. The provisions of this Article do not apply to any order of custody of a child requested in a verified petition alleging the applicability of the Domestic Abuse Assistance Act, R.S. 46:2131 et seq., Children's Code Article 1564 et seq., or the Post-Separation Family Violence Relief Act, R.S. 9:361 et seq.
Acts 1990, No. 1008, §4, eff. Jan. 1, 1991; Acts 1995, No. 1204, §1; Acts 1997, No. 374, §1; Acts 2009, No. 379, §1; Acts 2014, No. 619, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3946. Execution of support and claims for contributions awards in arrears

Art. 3946. Execution of support and claims for contributions awards in arrears
A. When a payment of support under a judgment is in arrears, the party entitled thereto may proceed by contradictory motion to have the amount of past due support determined and made executory. On the trial of the contradictory motion, the court shall render judgment for the amount of past due support.
B. The same rules and procedures apply when an installment payment of an award for contributions made to a spouse's education or training is in arrears.
Acts 1995, No. 1204, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3947. Name confirmation

Art. 3947. Name confirmation
A. Marriage does not change the name of either spouse. However, a married person may use the surname of either or both spouses as a surname.
B. The court may enter an order confirming the name of a spouse in a divorce proceeding, whether the person is the plaintiff or defendant, which confirmation shall be limited to the name that the person was using at the time of the marriage, or the name of the person's minor children, or the person's surname on the birth certificate, without complying with the provisions of R.S. 13:4751 through 4755. This Article shall not be construed to allow an amendment to a birth certificate with the Bureau of Vital Statistics.
Acts 1987, No. 836, §1; Acts 2021, No. 259, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3951. Petition for divorce

CHAPTER 2. DIVORCE UNDER CIVIL CODE ARTICLE 102
Art. 3951. Petition for divorce
A petition for divorce under Civil Code Article 102 shall contain allegations of jurisdiction and venue and shall be verified by the affidavit of the petitioner.
Acts 1990, No. 1009, §5, eff. Jan. 1, 1991.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3952. Rule to show cause and affidavit

Art. 3952. Rule to show cause and affidavit
The rule to show cause provided in Civil Code Article 102 shall allege proper service of the initial petition for divorce, that the requisite period of time, in accordance with Civil Code Article 103.1, or more has elapsed since that service, and that the spouses have lived separate and apart continuously for the requisite period of time, in accordance with Civil Code Article 103.1. The rule to show cause shall be verified by the affidavit of the mover and shall be served on the defendant, the defendant's attorney of record, or the duly appointed attorney for the defendant prior to the granting of the divorce, unless service is waived by the defendant.
Acts 1990, No. 1009, §5, eff. Jan. 1, 1991; Acts 1995, No. 386, §2; Acts 2006, No. 743, §2, eff. Jan. 1, 2007; Acts 2018, No. 195, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3953. Nullity of judgment

Art. 3953. Nullity of judgment
A judgment rendered in accordance with Civil Code Article 102 shall be an absolute nullity when:
(1) Less than the requisite period of time, in accordance with Article 103.1, has elapsed between service of the petition, or between execution of written waiver of service of the petition, and filing of the rule to show cause.
(2) Less than the requisite period of time, in accordance with Article 103.1, has elapsed between the date the parties commenced living separate and apart and filing of the rule to show cause.
(3) The requirements of this Title with respect to jurisdiction and venue have not been met.
Acts 1990, No. 1009, §5, eff. Jan. 1, 1991; Acts 1991, No. 367, §2; Acts 1995, No. 386, §2; Acts 2006, No. 743, §2, eff. Jan. 1, 2007.