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2023 Louisiana Laws › Code of Civil Procedure › Art. 372. Court reporter

Art. 372. Court reporter
A. The court reporter of a trial court, when directed by the court, shall report verbatim in shorthand by stenography or stenotype, or by voice recording or any other recognized manner when the equipment therefor has been approved by the court, the testimony of all witnesses, the other evidence introduced or offered, the objections thereto, and the rulings of the court thereon, on the trial of any appealable civil case or matter.
B. When the court so directs, or the fees therefor have been paid or secured, or when an appeal has been granted in cases in which a party has been permitted to litigate without the payment of costs, he shall transcribe verbatim in a manner approved by the supreme court, all of his notes taken at the trial, or such portion thereof as is designated. He shall file one copy of the transcript in the trial court; shall deliver a copy thereof to each of the parties who has paid therefor; and, when an appeal has been granted, he shall furnish to the clerk of the trial court the number of copies of the transcript required by law.
C. The court reporter shall retain all notes and tape recordings in civil cases for a period of not less than five years after the end of the trial. However, if the record of the trial is fully transcribed, the court reporter shall retain all notes and tape recordings which have been fully transcribed for a period of not less than two years after transcription is completed. The court reporter shall destroy any notes and tape recordings of any matter upon order of a court of competent jurisdiction.
D. The notes and tape recordings of any civil case which are retained by a court reporter pursuant to the provisions of this Article shall be the property of the court in which the case was heard. The court reporter shall have the duty to retain and maintain all such notes and tape recordings pursuant to the provisions of this Article, although the notes and tape recordings shall remain the property of the court.
E. He shall perform such other duties as are assigned to him by law or by the court.
F. When a party to a proceeding requests a transcript and has paid for the transcript, the court reporter shall provide that party with an electronic copy of the transcript along with a paper copy of the transcript at no additional charge or cost to the requesting party.
Acts 1986, No. 545, §1; Acts 2006, No. 820, §1, eff. July 5, 2006.
2023 Louisiana Laws › Code of Civil Procedure › Art. 375. Neglect, failure, or refusal of expert or legal representative to perform a legal duty when ordered to do so, subjects him to punishment for contempt of court

Art. 375. Neglect, failure, or refusal of expert or legal representative to perform a legal duty when ordered to do so, subjects him to punishment for contempt of court
The neglect, failure, or refusal of an expert appointed by the court, or a legal representative appointed or confirmed by the court, to perform a legal duty when ordered to do so by the court, subjects him to punishment for contempt of the court.
2023 Louisiana Laws › Code of Civil Procedure › Art. 421. Civil action; commencement; amicable demand unnecessary

TITLE II
ACTIONS
CHAPTER 1. GENERAL DISPOSITIONS
Art. 421. Civil action; commencement; amicable demand unnecessary
A civil action is a demand for the enforcement of a legal right. It is commenced by the filing of a pleading presenting the demand to a court of competent jurisdiction. Amicable demand is not a condition precedent to a civil action, unless specifically required by law.
2023 Louisiana Laws › Code of Civil Procedure › Art. 422. Personal, real, mixed actions

Art. 422. Personal, real, mixed actions
A personal action is one brought to enforce an obligation against the obligor, personally and independently of the property which he may own, claim, or possess.
A real action is one brought to enforce rights in, to, or upon immovable property.
A mixed action is one brought to enforce both rights in, to, or upon immovable property, and a related obligation against the owner, claimant, or possessor thereof.
2023 Louisiana Laws › Code of Civil Procedure › Art. 423. Implied right to enforce obligation; prematurity

Art. 423. Implied right to enforce obligation; prematurity
An obligation implies a right to enforce it which may or may not accrue immediately upon the creation of the obligation. When the obligation allows a term for its performance, the right to enforce it does not accrue until the term has elapsed. If the obligation depends upon a suspensive condition, the right to enforce it does not accrue until the occurrence or performance of the condition.
When an action is brought on an obligation before the right to enforce it has accrued, the action shall be dismissed as premature, but it may be brought again after this right has accrued.
2023 Louisiana Laws › Code of Civil Procedure › Art. 424. Cause of action as a defense

Art. 424. Cause of action as a defense
A person who has a right to enforce an obligation also has a right to use his cause of action as a defense.
Except as otherwise provided herein, a prescribed obligation arising under Louisiana law may be used as a defense if it is incidental to, or connected with, the obligation sought to be enforced by the plaintiff. A prescribed cause of action arising under The Federal Consumer Credit Protection Act may not be used as a defense even if it is incidental to, or connected with, the obligation sought to be enforced by the plaintiff.
However, in connection with the enforcement of a negotiable instrument the defense of redhibition may not be used if it has otherwise prescribed.
Amended by Acts 1976, No. 710, §1; Acts 1977, No. 254, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 425. Preclusion by judgment

Art. 425. Preclusion by judgment
A. A party shall assert all causes of action arising out of the transaction or occurrence that is the subject matter of the litigation.
B. Paragraph A of this Article shall not apply to an action for divorce under Civil Code Article 102 or 103, an action for determination of incidental matters under Civil Code Article 105, an action for contributions to a spouse's education or training under Civil Code Article 121, and an action for partition of community property and settlement of claims between spouses under R.S. 9:2801.
Acts 1990, No. 521, §2, eff. Jan. 1, 1991; Acts 1991, No. 367, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 426. Transmission of action and of right to enforce obligation

Art. 426. Transmission of action and of right to enforce obligation
An action to enforce an obligation is the property of the obligee which on his death is transmitted with his estate to his heirs, universal legatees, or legatees under a universal title, except as otherwise provided by law. An action to enforce an obligation is transmitted to the obligee's legatee under a particular title only when it relates to the property disposed of under the particular title.
These rules apply also to a right to enforce an obligation, when no action thereon was commenced prior to the obligee's death.
2023 Louisiana Laws › Code of Civil Procedure › Art. 427. Action against obligor's heirs or legatees

Art. 427. Action against obligor's heirs or legatees
An action to enforce an obligation, if the obligor is dead, may be brought against the heirs, universal legatees, or general legatees, who have accepted his succession, except as otherwise provided by law. The liability of these heirs and legatees is determined by the provisions of the Civil Code.
Acts 1997, No. 1421, §3, eff. July 1, 1999.
2023 Louisiana Laws › Code of Civil Procedure › Art. 462. Cumulation by single plaintiff against single defendant

Art. 462. Cumulation by single plaintiff against single defendant
A plaintiff may cumulate against the same defendant two or more actions even though based on different grounds, if:
(1) Each of the actions cumulated is within the jurisdiction of the court and is brought in the proper venue; and
(2) All of the actions cumulated are mutually consistent and employ the same form of procedure.
Except as otherwise provided in Article 3657, inconsistent or mutually exclusive actions may be cumulated in the same judicial demand if pleaded in the alternative.
2023 Louisiana Laws › Code of Civil Procedure › Art. 463. Cumulation, plural plaintiffs or defendants

Art. 463. Cumulation, plural plaintiffs or defendants
Two or more parties may be joined in the same suit, either as plaintiffs or as defendants, if:
(1) There is a community of interest between the parties joined;
(2) Each of the actions cumulated is within the jurisdiction of the court and is brought in the proper venue; and
(3) All of the actions cumulated are mutually consistent and employ the same form of procedure.
Except as otherwise provided in Article 3657, inconsistent or mutually exclusive actions may be cumulated in the same suit if pleaded in the alternative.
2023 Louisiana Laws › Code of Civil Procedure › Art. 464. Improper cumulation, effect

Art. 464. Improper cumulation, effect
When the court lacks jurisdiction of, or when the venue is improper as to, one of the actions cumulated, that action shall be dismissed.
When the cumulation is improper for any other reason, the court may: (1) order separate trials of the actions; or (2) order the plaintiff to elect which actions he shall proceed with, and to amend his petition so as to delete therefrom all allegations relating to the action which he elects to discontinue. The penalty for noncompliance with an order to amend is a dismissal of plaintiff's suit.
2023 Louisiana Laws › Code of Civil Procedure › Art. 531. Actions pending in Louisiana court or courts

CHAPTER 3. LIS PENDENS
Art. 531. Actions pending in Louisiana court or courts
When two or more actions are pending in a Louisiana court or courts on the same transaction or occurrence, between the same parties in the same capacities, the defendant may have all but the first action dismissed by excepting thereto as provided in Article 925. When the defendant does not so except, the plaintiff may continue the prosecution of any of the actions, but the first final judgment rendered shall be conclusive of all.
Acts 1990, No. 521, §2, eff. Jan. 1, 1991; Acts 2023, No. 5, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 532. Motions to stay in suits pending in Louisiana and federal or foreign court

Art. 532. Motions to stay in suits pending in Louisiana and federal or foreign court
When a suit is brought in a Louisiana court while another is pending in a court of another state or of the United States on the same transaction or occurrence, between the same parties in the same capacities, on motion of the defendant or on its own motion, the court may stay all proceedings in the second suit until the first has been discontinued or final judgment has been rendered.
Acts 1990, No. 521, §2, eff. Jan. 1, 1991; Acts 2017, No. 419, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 561. Abandonment in trial and appellate court

CHAPTER 4. ABANDONMENT OF ACTION
Art. 561. Abandonment in trial and appellate court
A.(1) An action is abandoned when the parties fail to take any step in its prosecution or defense in the trial court for a period of three years, unless it is a succession proceeding:
(a) Which has been opened;
(b) In which an administrator or executor has been appointed; or
(c) In which a testament has been probated.
(2) This provision shall be operative without formal order, but, on ex parte motion of any party or other interested person by affidavit that states that no step has been timely taken in the prosecution or defense of the action, the trial court shall enter a formal order of dismissal as of the date of its abandonment. The sheriff shall serve the order in the manner provided in Article 1314 and shall execute a return pursuant to Article 1292.
(3) A motion to set aside a dismissal may be made only within thirty days of the date of the sheriff's service of the order of dismissal. If the trial court denies a timely motion to set aside the dismissal, the clerk of court shall give notice of the order of denial pursuant to Article 1913(A) and shall file a certificate pursuant to Article 1913(D).
(4) An appeal of an order of dismissal may be taken only within sixty days of the date of the sheriff's service of the order of dismissal. An appeal of an order of denial may be taken only within sixty days of the date of the clerk's mailing of the order of denial.
B. Any formal discovery as authorized by this Code and served on all parties whether or not filed of record, including the taking of a deposition with or without formal notice, shall be deemed to be a step in the prosecution or defense of an action.
C. An appeal is abandoned when the parties fail to take any step in its prosecution or disposition for the period provided in the rules of the appellate court.
Amended by Acts 1966, No. 36, §1; Acts 1982, No. 186, §1; Acts 1983, No. 670, §1; Acts 1987, No. 149, §1; Acts 1997, No. 1221, §1, eff. July 1, 1998; Acts 2003, No. 545, §1; Acts 2007, No. 361, §1, eff. July 9, 2007; Acts 2023, No. 5, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 593. Venue

Art. 593. Venue
A. An action brought on behalf of a class shall be brought in a parish of proper venue as to the defendant.
B. An action brought against a class shall be brought in a parish of proper venue as to any member of the class named as a defendant.
Acts 1989, No. 117, §1; Acts 1997, No. 839, §1, eff. July 1, 1997.
2023 Louisiana Laws › Code of Civil Procedure › Art. 593.1. Class actions; lis pendens

Art. 593.1. Class actions; lis pendens
A. When two or more actions requesting the certification of a class pursuant to Article 591 are filed in two or more Louisiana courts regarding the same transaction or occurrence at the same location, and such classes, if certified, would encompass one or more of the same plaintiffs suing in the same capacities against one or more of the same defendants in the same capacities, the defendant may, by excepting as provided in Article 925, have all such actions transferred to the district court where the transaction or occurrence occurred.
B. When two or more actions requesting the certification of a class pursuant to Article 591 are filed in two or more Louisiana courts regarding multiple related transactions or occurrences in different locations and such classes, if certified, would encompass one or more of the same plaintiffs suing in the same capacities against one or more of the same defendants in the same capacities, the defendant may, by excepting as provided in Article 925, have all such actions transferred to the district court where the first suit was brought.
Acts 2012, No. 713, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 593.2. Class actions; forum non conveniens

Art. 593.2. Class actions; forum non conveniens
Notwithstanding the provisions of Article 123, within thirty days of the certification of a class under Article 591 by a different Louisiana court regarding the same transaction or occurrence and encompassing one or more of the same plaintiffs suing in the same capacities against one or more of the same defendants in the same capacities, any court where a related putative class action is pending may, upon contradictory motion, in the interests of justice and for good cause shown, transfer the putative class action to the district where the related action has been certified.
Acts 2012, No. 713, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 594. Dismissal or compromise

Art. 594. Dismissal or compromise
A.(1) An action previously certified as a class action shall not be dismissed or compromised without the approval of the court exercising jurisdiction over the action.
(2) Notice of the proposed dismissal of an action previously certified as a class action shall be provided to all members of the class, together with the terms of any proposed compromise that the named parties have entered into. Notice shall be given in such manner as the court directs.
B. After notice of the proposed compromise has been provided to the members of the class, the court shall order a hearing to determine whether the proposed compromise is fair, reasonable, and adequate for the class. At such hearing, all parties to the action, including members of the class, shall be permitted an opportunity to be heard.
C. The court shall retain the authority to review and approve any amount paid as attorney fees pursuant to the compromise of a class action, notwithstanding any agreement to the contrary.
D. Any agreement entered by the parties to a class action that provides for the payment of attorney fees is subject to judicial approval.
E. If the terms of the proposed compromise provide for the adjudged creation of a settlement fund to be disbursed to and among members of the class in accordance with the terms thereof, the court having jurisdiction over the class action is empowered to approve the compromise settlement of the class action as a whole and issue a final judgment accordingly, following a finding that the compromise is fair, reasonable, and adequate for the class, and to order the distribution of the settlement fund accordingly, without the necessity of prior qualification of representatives of minors, interdicts, successions, or other incompetents or absentees, or prior approval of the terms of the settlement or the distribution thereof by another court; provided, that in such cases the court having jurisdiction over the class action shall include in the orders of settlement and distribution of the settlement fund appropriate provisions to ensure that all funds adjudicated to or for the benefit of such incompetents, successions, or absentees are placed in appropriate safekeeping pending the completion of appointment, qualification, and administrative procedures otherwise applicable in this Code to the interests and property of incompetents, successions, and absentees.
Acts 1993, No. 39, §1, eff. May 18, 1993; Acts 1997, No. 839, §1, eff. July 1, 1997.
2023 Louisiana Laws › Code of Civil Procedure › Art. 595. Award of expenses of litigation; security for costs

Art. 595. Award of expenses of litigation; security for costs
A. The court may allow the representative parties their reasonable expenses of litigation, including attorney's fees, when as a result of the class action a fund is made available, or a recovery or compromise is had which is beneficial, to the class.
B. The court, on contradictory motion at any stage of the proceeding in the trial court prior to judgment, may require the plaintiff in a class action to furnish security for the court costs which a defendant may be compelled to pay. This security for costs may be increased or decreased by the court, on contradictory motion of any interested party, on a showing that the security furnished has become inadequate or excessive.
2023 Louisiana Laws › Code of Civil Procedure › Art. 596. Prescription; suspension

Art. 596. Prescription; suspension
A. Liberative prescription on the claims arising out of the transactions or occurrences described in a petition brought on behalf of a class is suspended on the filing of the petition as to all members of the class as defined or described therein. Prescription which has been suspended as provided herein, begins to run again:
(1) As to any person electing to be excluded from the class, thirty days from the submission of that person's election form;
(2) As to any person excluded from the class pursuant to Article 592, thirty days after mailing or other delivery or publication of a notice to such person that the class has been restricted or otherwise redefined so as to exclude him; or
(3) As to all members, thirty days after mailing or other delivery or publication of a notice to the class that the action has been dismissed, that the demand for class relief has been stricken pursuant to Article 592, or that the court has denied a motion to certify the class or has vacated a previous order certifying the class.
B. The time periods in Subparagraphs (A)(2) and (3) of this Article commence upon the expiration of the delay for taking an appeal if there is no appeal, or when an appeal becomes final and definitive. The notice required by Subparagraphs (A)(2) and (3) of this Article shall contain a statement of the delay periods provided herein.
Acts 1997, No. 839, §1, eff. July 1, 1997; Acts 2010, No. 185, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 611. Derivative actions; prerequisites

SECTION 2. DERIVATIVE ACTIONS
Art. 611. Derivative actions; prerequisites
A. When a corporation or unincorporated association refuses to enforce a right of the corporation or unincorporated association, a shareholder, partner, or member thereof may bring a derivative action to enforce the right on behalf of the corporation or unincorporated association. A derivative action may be maintained as a class action when the persons constituting the class are so numerous as to make it impracticable for all of them to join or be joined as parties. In the case of a derivative class action, Articles 594 and 595 shall apply.
B. If a derivative action is a "derivative proceeding" as defined in the Business Corporation Act, the action is exempt from the provisions of this Chapter other than this Subsection, and is subject instead to the provisions of the Business Corporation Act concerning derivative proceedings.
Acts 1997, No. 839, §1, eff. July 1, 1997; Acts 2014, No. 328, §4, eff. Jan. 1, 2015.
2023 Louisiana Laws › Code of Civil Procedure › Art. 613. Procedure

Art. 613. Procedure
After commencement of a derivative action by or on behalf of parties alleged to be members of a class, the court, on its own motion, or on the motion of any party or on trial of any exception directed to such issue, shall determine whether the action may be properly maintained as a class action as a prerequisite to any further proceedings therein. If the court finds that the action should be maintained as a class action, it shall certify the action accordingly. If not, the court may permit amendment of the pleadings in the action to permit maintenance thereof as a proceeding on behalf of parties expressly named therein under Article 616.
Acts 1997, No. 839, §1, eff. July 1, 1997.
2023 Louisiana Laws › Code of Civil Procedure › Art. 615. Petition in shareholder's derivative action

Art. 615. Petition in shareholder's derivative action
The petition in a class action brought by a shareholder, partner, or member of a corporation or unincorporated association because it refuses to enforce a right which it may enforce shall:
(1) Allege that the plaintiff was a shareholder, partner, or member at the time of the occurrence or transaction of which he complains, or that his share, partnership, or membership thereafter devolved on him by operation of law.
(2) Allege with particularity the efforts of the plaintiff to secure from the managing directors, governors, or trustees and, if necessary, from the shareholders, partners, or members, the enforcement of the right and the reasons for his failure to secure such enforcement, or the reason for not making such an effort to secure enforcement of the right.
(3) Join as defendants the corporation or unincorporated association and the obligor against whom the obligation is sought to be enforced.
(4) Include a prayer for judgment in favor of the corporation or unincorporated association and against the obligor on the obligation sought to be enforced.
(5) Be verified by the affidavit of the plaintiff or his counsel.
Acts 1997, No. 839, §1, eff. July 1, 1997.
2023 Louisiana Laws › Code of Civil Procedure › Art. 616. Shareholder's derivative action when not impracticable to join all shareholders, partners, or members

Art. 616. Shareholder's derivative action when not impracticable to join all shareholders, partners, or members
A. When it is not impracticable for all of the shareholders, partners, or members of a corporation or unincorporated association to join or to be joined as parties to a derivative action to enforce a right of the corporation or unincorporated association which it refuses to enforce, such action shall not be maintained as a class action. Instead, all of the shareholders, partners, or members who refuse or fail to join as plaintiffs in such an action shall be joined as defendants.
B. Derivative actions governed by this Article shall be subject to Articles 614 and 615.
Acts 1997, No. 839, §1, eff. July 1, 1997.
2023 Louisiana Laws › Code of Civil Procedure › Art. 617. Unincorporated association; definition; applicability

Art. 617. Unincorporated association; definition; applicability
As used in Articles 611 through 616, the term "unincorporated association" shall include any unincorporated business association that is treated by controlling substantive law as a separate juridical person.
Acts 1997, No. 839, §1, eff. July 1, 1997.
2023 Louisiana Laws › Code of Civil Procedure › Art. 641. Joinder of parties needed for just adjudication

TITLE III
PARTIES
CHAPTER 1. JOINDER
Art. 641. Joinder of parties needed for just adjudication
A person shall be joined as a party in the action when either:
(1) In his absence complete relief cannot be accorded among those already parties.
(2) He claims an interest relating to the subject matter of the action and is so situated that the adjudication of the action in his absence may either:
(a) As a practical matter, impair or impede his ability to protect that interest.
(b) Leave any of the persons already parties subject to a substantial risk of incurring multiple or inconsistent obligations.
Acts 1995, No. 662, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 642. Determination by court whenever joinder not feasible

Art. 642. Determination by court whenever joinder not feasible
If a person described in Article 641 cannot be made a party, the court shall determine whether the action should proceed among the parties before it, or should be dismissed. The factors to be considered by the court include:
(1) To what extent a judgment rendered in the person's absence might be prejudicial to him or those already present.
(2) The extent to which the prejudice can be lessened or avoided by protective provisions in the judgment, by the shaping of relief, or by other measures.
(3) Whether a judgment rendered in the person's absence will be adequate.
(4) Whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder.
Acts 1995, No. 662, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 643. Solidary obligees and obligors; joinder

Art. 643. Solidary obligees and obligors; joinder
One or more solidary obligees may sue to enforce a solidary right, and one or more solidary obligors may be sued to enforce a solidary obligation, without the necessity of joining all others in the action.
Acts 1995, No. 662, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 644. Party plaintiff who refuses or fails to sue

Art. 644. Party plaintiff who refuses or fails to sue
If a party subject to the jurisdiction of the court should join as a plaintiff but refuses or fails to do so, he may be joined as a defendant and required to assert his rights in the action or be precluded thereafter from asserting them.
Acts 1995, No. 662, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 646. Amendment of petition to join a party

Art. 646. Amendment of petition to join a party
When the failure to join a party is pleaded successfully in or noticed by a trial court, the latter may permit amendment of the petition so as to make him a party, and may reopen the case if it has been submitted and further evidence is necessary. When such failure is pleaded successfully in or noticed by an appellate court, the latter may remand the case for such amendment and further evidence.
Acts 1995, No. 662, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 683. Unemancipated minor

Art. 683. Unemancipated minor
A. An unemancipated minor has no procedural capacity to sue.
B. All persons having parental authority over an unemancipated minor must join as proper plaintiffs to sue to enforce a right of the minor, unless a joint custody implementation order otherwise applies. Nevertheless, with permission of the court, any person having parental authority may represent the minor whenever the other person having parental authority fails or refuses to do so.
C. During tutorship, the tutor is the proper plaintiff to sue to enforce a right of the unemancipated minor.
D. Notwithstanding the provisions of Paragraph A, B, or C of this Article, an attorney appointed by the court having jurisdiction over an unemancipated minor who is in the legal custody of the Department of Children and Family Services is the proper plaintiff to sue to enforce a right of an unemancipated minor. Upon application of the tutor or a person having parental authority who would otherwise be the proper plaintiff to sue pursuant to Paragraph B or C of this Article, the court shall appoint or substitute as the proper plaintiff the best qualified among the tutor, a person having parental authority, or the appointed attorney.
Acts 1992, No. 106, §1, eff. June 5, 1992; Acts 1993, No. 867, §1, eff. June 23, 1993; Acts 1995, No. 268, §1, eff. June 14, 1995; Acts 2004, No. 26, §2; Acts 2012, No. 741, §1; Acts 2015, No. 260, §2, eff. Jan. 1, 2016.
2023 Louisiana Laws › Code of Civil Procedure › Art. 685. Succession

Art. 685. Succession
Except as otherwise provided by law, the succession representative appointed by a court of this state is the proper plaintiff to sue to enforce a right of the deceased or of his succession, while the latter is under administration. The heirs or legatees of the deceased, whether present or represented in the state or not, need not be joined as parties, whether the action is personal, real, or mixed.
2023 Louisiana Laws › Code of Civil Procedure › Art. 686. Marital community

Art. 686. Marital community
Either spouse is the proper plaintiff, during the existence of the marital community, to sue to enforce a community right; however, if one spouse is the managing spouse with respect to the community right sought to be enforced, then that spouse is the proper plaintiff to bring an action to enforce the right.
When doubt exists whether the right sought to be enforced is a community right or is the separate right of the plaintiff spouse, that spouse may sue in the alternative to enforce the right.
When only one spouse sues to enforce a community right, the other spouse is a necessary party. Where the failure to join the other spouse may result in an injustice to that spouse, the trial court may order the joinder of that spouse on its own motion.
Amended by Acts 1970, No. 344, §1; Acts 1979, No. 711, §3, eff. Jan. 1, 1980.
2023 Louisiana Laws › Code of Civil Procedure › Art. 690. Domestic corporation; insurer; limited liability company

Art. 690. Domestic corporation; insurer; limited liability company
Except as otherwise provided in Articles 692 and 693, a domestic corporation, a domestic insurer, and a domestic limited liability company has the procedural capacity to sue to enforce its rights in the corporate or company name.
Acts 1999, No. 145, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 691. Foreign corporation; foreign limited liability company; foreign or alien insurance corporation

Art. 691. Foreign corporation; foreign limited liability company; foreign or alien insurance corporation
Except as otherwise provided in Articles 692 and 693, a foreign corporation, a foreign or alien insurer, and a foreign limited liability company has the procedural capacity to sue to enforce its rights in the corporate or company name.
Acts 1999, No. 145, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 692. Corporation, limited liability company, or partnership in receivership or liquidation

Art. 692. Corporation, limited liability company, or partnership in receivership or liquidation
A. Except as otherwise provided by law, the receiver or liquidator appointed for a domestic or foreign corporation, limited liability company, or partnership by a court of this state is the proper plaintiff to sue to enforce a right of the corporation, limited liability company, or partnership, or of its receiver or liquidator. These rules apply whether, under the law of its domicile, the existence of the corporation, limited liability company, or partnership continues or is terminated.
B. The receiver or liquidator may institute and prosecute any action without special authorization from the court which appointed him.
Acts 1999, No. 145, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 693. Insurer in receivership

Art. 693. Insurer in receivership
The receiver appointed by a court of this state for a domestic insurer is the proper plaintiff to sue to enforce a right of the domestic insurer, or of its receiver.
Except as otherwise provided by law, the ancillary receiver appointed by a court of this state for a foreign or alien insurer is the proper plaintiff to sue to enforce a right of the foreign or alien insurer, or of its domiciliary or ancillary receiver.
As used herein and in Article 741, "receiver" includes liquidator, rehabilitator, and conservator.
2023 Louisiana Laws › Code of Civil Procedure › Art. 695. Absent or mentally incompetent managing spouse

Art. 695. Absent or mentally incompetent managing spouse
If the managing spouse with respect to the community right sought to be enforced is an absentee or a mental incompetent, then the other spouse is the proper plaintiff to enforce that community right.
Added by Acts 1979, No. 711, §4, eff. Jan. 1, 1980.
2023 Louisiana Laws › Code of Civil Procedure › Art. 696. Pledgor and pledgee

Art. 696. Pledgor and pledgee
The pledgee of a real right, or of a negotiable instrument or other incorporeal right, is the proper plaintiff to sue to enforce the pledged right.
The pledgee may enforce the entire right judicially, unless it is an obligation of the pledgor, in which event it may be enforced only to the extent of the indebtedness secured by the pledge.
2023 Louisiana Laws › Code of Civil Procedure › Art. 697. Subrogor and subrogee

Art. 697. Subrogor and subrogee
An incorporeal right to which a person has been subrogated, either conventionally or by effect of law, shall be enforced judicially by:
(1) The subrogor and the subrogee, when the subrogation is partial; or
(2) The subrogee, when the entire right is subrogated.
2023 Louisiana Laws › Code of Civil Procedure › Art. 698. Assignor and assignee

Art. 698. Assignor and assignee
An incorporeal right which has been assigned, whether unconditionally or conditionally for purposes of collection or security, shall be enforced judicially by:
(1) The assignor and the assignee, when the assignment is partial; or
(2) The assignee, when the entire right is assigned.
2023 Louisiana Laws › Code of Civil Procedure › Art. 700. Authority or qualification of plaintiff suing in representative capacity

Art. 700. Authority or qualification of plaintiff suing in representative capacity
When a plaintiff sues as an agent to enforce a right of his principal, or as a legal representative, his authority or qualification is presumed, unless challenged by the defendant by the timely filing of the dilatory exception. When so challenged, the plaintiff shall prove his authority or qualification on the trial of the exception.
2023 Louisiana Laws › Code of Civil Procedure › Art. 732. Unemancipated minor

Art. 732. Unemancipated minor
A. An unemancipated minor has no procedural capacity to be sued.
B. Any person having parental authority over an unemancipated minor is a proper defendant in an action to enforce an obligation against the minor.
C. During tutorship, the tutor is the proper defendant in an action to enforce an obligation against the unemancipated minor. If a minor has no tutor, the action may be brought against the minor, but the court shall appoint an attorney to represent him until a tutor is appointed for the minor.
D. Notwithstanding the provisions of Paragraph A, B, or C of this Article, an attorney appointed by the court having jurisdiction over an unemancipated minor who is in the legal custody of the Department of Children and Family Services is the proper defendant in an action to enforce an obligation against an unemancipated minor. Upon application of the tutor or person having parental authority who would otherwise be the proper defendant to be sued pursuant to Paragraph B or C of this Article, the court shall appoint or substitute as the proper defendant the best qualified among the tutor, a person having parental authority, or the appointed attorney.
Acts 1992, No. 106, §1, eff. June 5, 1992; Acts 1993, No. 867, §1, eff. June 23, 1993; Acts 2004, No. 26, §2; Acts 2015, No. 260, §2, eff. Jan. 1, 2016.
2023 Louisiana Laws › Code of Civil Procedure › Art. 733. Mental incompetent; interdict

Art. 733. Mental incompetent; interdict
A. A mental incompetent has no procedural capacity to be sued.
B. Except as otherwise provided in Articles 732, 4431, and 4566, the curator appointed by a court of this state is the proper defendant in an action to enforce an obligation against a mental incompetent or an interdict. If an incompetent has no curator, but is interdicted, or committed to or confined in a mental institution, the action shall be brought against him, but the court shall appoint an attorney at law to represent him.
2023 Louisiana Laws › Code of Civil Procedure › Art. 734. Succession

Art. 734. Succession
Except as otherwise provided by law, including but not limited to Articles 2641 and 2674, the succession representative appointed by a court of this state is the proper defendant in an action to enforce an obligation of the deceased or of his succession, while the latter is under administration. The heirs or legatees of the deceased, whether present or represented in the state or not, need not be joined as parties, whether the action is personal, real, or mixed.
Acts 1991, No. 229, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 735. Marital community

Art. 735. Marital community
Either spouse is the proper defendant, during the existence of the marital community, in an action to enforce an obligation against community property; however, if one spouse is the managing spouse with respect to the obligation sought to be enforced against the community property, then that spouse is the proper defendant in an action to enforce the obligation.
When doubt exists whether the obligation sought to be enforced is a community obligation or the separate obligation of the defendant spouse, that spouse may be sued in the alternative.
When only one spouse is sued to enforce an obligation against community property, the other spouse is a necessary party. Where the failure to join the other spouse may result in an injustice to that spouse, the trial court may order the joinder of that spouse on its own motion.
Amended by Acts 1979, No. 711, §3, eff. Jan. 1, 1980.
2023 Louisiana Laws › Code of Civil Procedure › Art. 739. Corporation; limited liability company; insurer

Art. 739. Corporation; limited liability company; insurer
Except as otherwise provided in Articles 740 and 741, a domestic or foreign corporation, a domestic or foreign limited liability company, or a domestic, foreign, or alien insurer has the procedural capacity to be sued in its corporate or company name.
Acts 1999, No. 145, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 740. Corporation; limited liability company; partnership in receivership or liquidation

Art. 740. Corporation; limited liability company; partnership in receivership or liquidation
A. Except as otherwise provided by law, the receiver or liquidator of a domestic or foreign corporation, a domestic or foreign limited liability company, or a domestic or foreign partnership, appointed by a court of this state is the proper defendant in an action to enforce an obligation of the corporation, limited liability company, or partnership, or of its receiver or liquidator.
B. The receiver or liquidator may be sued without the necessity of obtaining permission therefor from the court which appointed him.
Acts 1999, No. 145, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 741. Insurer in receivership

Art. 741. Insurer in receivership
The receiver appointed by a court of this state for a domestic insurer is the proper defendant in an action to enforce an obligation of the insurer, or of its receiver.
Except as otherwise provided by law, the ancillary receiver appointed by a court of this state for a foreign or alien insurer is the proper defendant in an action to enforce an obligation of the insurer, or of its domiciliary or ancillary receiver.
2023 Louisiana Laws › Code of Civil Procedure › Art. 743. Absent or mentally incompetent managing spouse

Art. 743. Absent or mentally incompetent managing spouse
If the managing spouse with respect to the obligation sought to be enforced against community property is an absentee or a mental incompetent, then the other spouse is the proper defendant in a suit to enforce that obligation.
Added by Acts 1979, No. 711, §4, eff. Jan. 1, 1980.
2023 Louisiana Laws › Code of Civil Procedure › Art. 801. Voluntary substitution for deceased party; legal successor

CHAPTER 5. SUBSTITUTION OF PARTIES
SECTION 1. IN TRIAL COURTS
Art. 801. Voluntary substitution for deceased party; legal successor
When a party dies during the pendency of an action which is not extinguished by his death, his legal successor may have himself substituted for the deceased party, on ex parte written motion supported by proof of his quality.
As used in Articles 801 through 804, "legal successor" means:
(1) The survivors designated in Article 2315.1 of the Civil Code, if the action survives in their favor; and
(2) Otherwise, it means the succession representative of the deceased appointed by a court of this state, if the succession is under administration therein; or the heirs and legatees of the deceased, if the deceased's succession is not under administration therein.
Amended by Acts 1962, No. 92, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 802. Compulsory substitution for deceased party; summons

Art. 802. Compulsory substitution for deceased party; summons
On ex parte written motion of any other party, supported by an affidavit of the truth of the facts alleged, the court may order the issuance of a summons to the legal successor to appear and substitute himself for the deceased party. This summons shall show the title and docket number of the action, and the name and address of the court where the action is pending.
2023 Louisiana Laws › Code of Civil Procedure › Art. 803. Same; service or publication of summons

Art. 803. Same; service or publication of summons
A. When the name and address of the legal successor is known, and he is a resident of the state, he shall be summoned to appear and substitute himself for the deceased party within thirty days of the date the summons is served on him.
B. When the name and address of the legal successor is known, but he is a nonresident or absentee, he shall be summoned to appear and substitute himself for the deceased party within sixty days of the receipt of the summons through registered or certified mail.
C. If the name or address of the legal successor is unknown, the summons shall be by two publications not less than fifteen days apart in a newspaper published in the parish where the action is pending and in the parish of the domicile of the deceased party, which shall summon him to appear and substitute himself for the deceased party within sixty days of the first publication. The summons shall be addressed to the legal successor by name, if the latter is known; and otherwise shall be addressed to "The legal successor of ____________, deceased".
Acts 1987, No. 146, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 804. Same; effect of failure of legal successor to appear

Art. 804. Same; effect of failure of legal successor to appear
When the legal successor fails to appear and substitute himself for the deceased party within the delay allowed in the summons, on ex parte written motion of any other party, the court may:
(1) Dismiss the action as to the deceased party, with or without prejudice, if the deceased was a plaintiff; or
(2) When the legal successor of a deceased defendant has not been served by personal or domiciliary service with summons to appear and substitute, appoint an attorney at law to represent such legal successor, and the action shall be proceeded with contradictorily against the attorney at law.
Amended by Acts 1968, No. 123, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 805. Legal representative; successor

Art. 805. Legal representative; successor
Articles 801 through 804 apply to the substitution of a legal representative of any party other than a deceased person, and to the substitution of the successor of any legal representative appointed by a court of this state, except that the term "legal successor", as used therein shall be considered as referring to such legal representative, or successor, as the case may be.
When an action has been commenced by a proper representative on behalf of an incompetent person and such person thereafter becomes competent, the authority of the representative shall continue until substitution is made in accordance with the provisions of this article.
Amended by Acts 1968, No. 124, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 806. Public officer

Art. 806. Public officer
When an officer of the state, or of a municipality, parish, political subdivision, agency, or public corporation, who is a party dies, resigns, or otherwise ceases to hold office, his successor may be substituted therefor on ex parte written motion of the successor or any other party, supported by an affidavit of the truth of the facts alleged. A copy of the order substituting the successor shall be served on the adverse party by mail.
2023 Louisiana Laws › Code of Civil Procedure › Art. 821. Rules of Chapter applicable to district courts; rules of other appellate courts applicable

SECTION 2. IN APPELLATE COURTS
Art. 821. Rules of Chapter applicable to district courts; rules of other appellate courts applicable
Articles 801 through 807 govern the substitution of parties in a case pending in a district court on appeal from a justice of the peace or city court.
The substitution of parties in an action pending in the supreme court or in a court of appeal is governed by the rules of the appellate court.
2023 Louisiana Laws › Code of Civil Procedure › Art. 851. Three modes of procedure; Book II governs ordinary proceedings

BOOK II
ORDINARY PROCEEDINGS
TITLE I.
PLEADING
CHAPTER 1. GENERAL DISPOSITIONS
Art. 851. Three modes of procedure; Book II governs ordinary proceedings
Three different modes of procedure are used in civil matters in the trial courts of this state: ordinary, summary, and executory.
The articles in this Book govern ordinary proceedings, which are to be used in the district courts in all cases, except as otherwise provided by law.
Summary and executory proceedings are regulated by the provisions of Book V.
2023 Louisiana Laws › Code of Civil Procedure › Art. 852. Pleadings allowed; replicatory pleadings prohibited

Art. 852. Pleadings allowed; replicatory pleadings prohibited
The pleadings allowed in civil actions, whether in a principal or incidental action, shall be in writing and shall consist of petitions, exceptions, written motions, and answers. No replicatory pleadings shall be used and all new matter alleged in exceptions, contradictory motions, and answers, whether in a principal or incidental action, shall be considered denied or avoided.
2023 Louisiana Laws › Code of Civil Procedure › Art. 853. Caption of pleadings; adoption by reference; exhibits

Art. 853. Caption of pleadings; adoption by reference; exhibits
Every pleading shall contain a caption setting forth the name of the court, the title and number of the action, and a designation of the pleading. The title of the action shall state the name of the first party on each side with an appropriate indication of other parties.
A statement in a pleading may be adopted by reference in a different part of the same pleading or in another pleading in the same court. A copy of any written instrument that is an exhibit to a pleading is a part thereof.
Acts 2018, No. 195, §1.