reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Code of Civil Procedure › Art. 2637. Evidence which need not be authentic

Art. 2637. Evidence which need not be authentic
A. Evidence as to the proper party defendant, or as to the necessity for appointing an attorney at law to represent an unrepresented defendant, or of any agreement to extend or modify the obligation to pay or of written notification of default, or of the breach or occurrence of a condition of the act of mortgage, or of the security agreement, or privilege securing the obligation, or of advances made by the holder of a collateral mortgage note or note for future advances, or of an obligation secured under Chapter 9 of the Uniform Commercial Code, need not be submitted in authentic form. These facts may be proved by the verified petition, or supplemental petition, or by affidavits submitted therewith.
B. If a mortgage sought to be enforced secures the repayment of any advances for the payment of taxes, insurance premiums, or special assessments on, or repairs to, or maintenance of, the property affected by the mortgage or security agreement, the existence, date, and amount of these advances may be proved by the verified petition, or supplemental petition, or by affidavits submitted therewith.
C. If a mortgage sought to be enforced is a collateral mortgage, or if the conventional mortgage or security agreement sought to be enforced secures multiple or future indebtedness of the debtor, the existence of the actual indebtedness may be proved by verified original or supplemental petition, or by an affidavit submitted with the original or supplemental petition, along with the original or reproduction of the note, bond, handnote, or other evidence representing the actual indebtedness, attached as an exhibit. A reproduction of the note, bond, handnote, or other evidence representing the actual indebtedness shall be certified by a representative of a financial institution pursuant to the provisions of R.S. 13:3733.1(E).
D. Evidence of a name change, merger, purchase and assumption, or similar disposition or acquisition, of a financial or lending institution may be proved by a verified petition or supplemental petition, or by an affidavit or affidavits submitted therewith by an appropriate officer of the successor entity.
E. Evidence of the name change or death of any party need not be submitted in authentic form, but may be proved by verified petition or supplemental petition, or by affidavit submitted therewith.
F. Evidence as to the proper party plaintiff entitled to enforce the obligation secured by the note, bond, handnote, or other instrument, including those that are electronically signed, evidencing the obligation of which a copy or reproduction is submitted in accordance with Article 2636(8) or Paragraph C of this Article, may be proved by verified original or supplemental petition, or by an affidavit submitted therewith.
Acts 1983, No. 185, §1; Acts 1987, No. 408, §1; Acts 1989, No. 137, §18, eff. Sept. 1, 1989; Acts 1989, No. 161, §1, eff. June 22, 1989; Acts 2014, No. 440, §3, eff. July 1, 2014; Acts 2015, No. 84, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2638. Order for issuance of writ of seizure and sale

Art. 2638. Order for issuance of writ of seizure and sale
If the plaintiff is entitled thereto, the court shall order the issuance of a writ of seizure and sale commanding the sheriff to seize and sell the property affected by the mortgage or privilege, as prayed for and according to law.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2641. Service upon, and seizure and sale prosecuted against, attorney for unrepresented defendant

Art. 2641. Service upon, and seizure and sale prosecuted against, attorney for unrepresented defendant
In all cases governed by Article 2674, all demands, notices, and other documents required to be served upon the defendant in an executory proceeding shall be served upon the attorney at law appointed by the court to represent him, against whom the seizure and sale shall be prosecuted contradictorily.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2642. Assertion of defenses; appeal

Art. 2642. Assertion of defenses; appeal
A. Defenses and procedural objections to an executory proceeding may be asserted either through an injunction proceeding to arrest the seizure and sale as provided in Articles 2751 through 2754, or a suspensive appeal from the order directing the issuance of the writ of seizure and sale, or both.
B. A suspensive appeal from an order directing the issuance of a writ of seizure and sale shall be taken within fifteen days of service of the notice of seizure as provided in Article 2721. The appeal is governed by the provisions of Articles 2081 through 2086, 2088 through 2122, and 2124 through 2167, except that the security therefor shall be for an amount exceeding by one-half the balance due on the debt secured by the mortgage or privilege sought to be enforced, including principal, interest to date of the order of appeal, and attorney fees, but exclusive of court costs.
Amended by Acts 1964, No. 4, §1; Acts 2016, No. 132, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2643. Third person claiming mortgage, security interest, or privilege on property seized

Art. 2643. Third person claiming mortgage, security interest, or privilege on property seized
A third person claiming a mortgage, security interest, or privilege on the property seized in an executory proceeding may assert his right to share in the distribution of the proceeds of the sale of the property by intervention, as provided in Article 1092. The intervention shall be served as provided in Article 1093 and shall be tried summarily.
Amended by Acts 1962, No. 92, §1; Acts 1989, No. 137, §18, eff. Sept. 1, 1989.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2644. Conversion to ordinary proceeding

Art. 2644. Conversion to ordinary proceeding
The plaintiff in an executory proceeding may convert it into an ordinary proceeding by amending his petition so as to pray that the defendant be cited and for judgment against him on the obligation secured by the mortgage or privilege.
The plaintiff in an ordinary proceeding may not convert it into an executory proceeding.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2671. Proceeding against surviving spouse in community

CHAPTER 2. PROCEEDING AGAINST SURVIVING
SPOUSE, SUCCESSION, OR HEIR
Art. 2671. Proceeding against surviving spouse in community
When a mortgage, security interest, or privilege has been granted on community property to secure an obligation of the community, and one of the spouses in community has died subsequently, an executory proceeding to enforce the mortgage, security agreement, or privilege may be brought against the surviving spouse in community. It shall not be necessary to make the succession representative, heirs, or legatees of the deceased spouse parties to the proceeding.
Acts 1989, No. 137, §18, eff. Sept. 1, 1989.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2672. Proceeding against heirs or legatees

Art. 2672. Proceeding against heirs or legatees
When the original debtor is dead, and his heirs or legatees have accepted his succession, the executory proceeding may be brought against his heirs or legatees.
If an heir or legatee is dead, incompetent, or absent, his heirs, legatees, succession, or legal representative may be made a party defendant to the executory proceeding as provided above and in Articles 2673 and 2674, as the case may be.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2674. Attorney appointed to represent unrepresented defendant

Art. 2674. Attorney appointed to represent unrepresented defendant
The court shall appoint an attorney at law to represent the unrepresented defendant in an executory proceeding under the following circumstances:
(1) When the defendant is an absentee;
(2) When the debtor is dead, no succession representative has been appointed, and his heirs and legatees have not been sent into possession;
(3) When the debtor's property is under the administration of a legal representative, but the latter has died, resigned, or been removed from office, and no successor thereof has qualified;
(4) When the defendant is a corporation or a partnership upon which process cannot be served for any reason; and
(5) When the defendant is a minor, or a mental incompetent, who has no legal representative at the time of the institution of the proceeding.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2701. Alienation of property to third person disregarded

CHAPTER 3. PROCEEDINGS WHEN PROPERTY IN
POSSESSION OF THIRD PERSON
Art. 2701. Alienation of property to third person disregarded
A mortgage or privilege evidenced by authentic act importing a confession of judgment, affecting property sold by the original debtor or his legal successor to a third person, may be enforced against the property without reference to any sale or alienation to the third person. The executory proceeding may be brought against the original debtor, his surviving spouse in community, heirs, legatees, or legal representative, as the case may be. The third person who then owns and is in possession of the property need not be made a party to the proceeding.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2702. Rights of third person who has acquired property and assumed indebtedness

Art. 2702. Rights of third person who has acquired property and assumed indebtedness
When property sold or otherwise alienated by the original debtor or his legal successor has been seized and is about to be sold under executory process, a person who has acquired the property and assumed the indebtedness secured by the mortgage or privilege thereon may:
(1) Pay the balance due on the indebtedness, in principal, interest, attorney's fees, and costs; or
(2) Arrest the seizure and sale on any of the grounds mentioned in Article 2751.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2703. Rights of third possessor

Art. 2703. Rights of third possessor
When property sold or otherwise alienated by the original debtor or his legal successor has been seized and is about to be sold under executory process, a person who has acquired the property subject to the mortgage or privilege thereon and who has not assumed the payment of the indebtedness secured thereby may:
(1) Pay the balance due on the indebtedness, in principal, interest, attorney's fees, and costs;
(2) Arrest the seizure and sale on any of the grounds mentioned in Article 2751, or on the ground that the mortgage or privilege was not recorded, or that the inscription of the recordation thereof had perempted; or,
(3) Intervene in the executory proceeding to assert any claim which he has to the enhanced value of the property due to improvements placed on the property by him, or by any prior third possessor through whom he claims ownership of the property. This intervention shall be a summary proceeding initiated by a petition complying with Article 891.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2721. Seizure of property; notice

CHAPTER 4. EXECUTION OF WRIT OF SEIZURE AND SALE
Art. 2721. Seizure of property; notice
A. The sheriff shall seize the property affected by the mortgage, security agreement, or privilege immediately upon receiving the writ of seizure and sale.
B. The sheriff shall serve upon the defendant a written notice of the seizure of the property. The notice of seizure shall be accomplished by personal service or domiciliary service. The notice of seizure shall reproduce in full the provisions of Article 2642 and include information concerning the time, date, and place of the sheriff's sale, in accordance with the form provided in R.S. 13:3852(B). If the sheriff's sale is to be conducted through an online auction in accordance with Article 2344, the notice of seizure, or a subsequent notice served upon the defendant at least three days before the sale, shall state that the sheriff's sale will be conducted through an online auction, shall specify the date of the online auction and the time when bidding is scheduled to open, and shall identify the electronic address of the platform through which bids can be entered.
C. If the seized property is residential property, the notice of seizure shall include information concerning the availability of housing counseling services, in accordance with the form provided in R.S. 13:3852(B).
D. The sheriff shall have no liability to the debtor or to any third party for wrongful or improper seizure of the debtor's or third party's property of the same general type as described in the debtor's security agreement. If necessary, the sheriff shall request the secured creditor to identify the property subject to the security agreement and shall act pursuant to the secured creditor's instructions. The debtor's and other owner's sole remedy for the wrongful or improper seizure of the property shall be for actual losses sustained under R.S. 10:9-625 against the secured creditor on whose behalf and pursuant to whose instructions the sheriff may act.
Acts 1989, No. 137, §18, eff. Sept. 1, 1989; Acts 2001, No. 128, §17, eff. July 1, 2001; Acts 2006, No. 498, §1; Acts 2013, No. 339, §2; Acts 2016, No. 132, §1; Acts 2021, No. 259, §2; Acts 2023, No. 390, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2723. Appraisal of property, unless waived

Art. 2723. Appraisal of property, unless waived
Prior to the sale, the property seized must be appraised in accordance with law, unless appraisal has been waived in the act evidencing the mortgage, the security agreement, or the document creating the privilege and plaintiff has prayed that the property be sold without appraisal, and the order directing the issuance of the writ of seizure and sale has directed that the property be sold as prayed for. There is no requirement that seized property subject to a security interest under Chapter 9 of the Louisiana Commercial Laws (R.S. 10:9-101, et seq.), be appraised prior to the judicial sale thereof.
Acts 1989, No. 137, §18, eff. Sept. 1, 1989.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2724. Articles relating to sales under fieri facias applicable

Art. 2724. Articles relating to sales under fieri facias applicable
A. The provisions of Articles 2293(A) through (C), 2333 through 2335, 2337 through 2344, and 2371 through 2381, relating to a sale of property under the writ of fieri facias, shall apply to a sale of property under the writ of seizure and sale.
B. The provisions of Article 2336 shall also apply to a sale of property under the writ of seizure and sale, unless appraisement has been waived, as provided in Article 2723.
Acts 1991, No. 662, §1, eff. Jan. 1, 1992; Acts 2012, No. 127, §1; Acts 2023, No. 390, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2725. Seizure and sale of a motor vehicle out-of-state; procedure

Art. 2725. Seizure and sale of a motor vehicle out-of-state; procedure
A. When a secured party enforces his right to seizure and sale of a motor vehicle located out of this state, he may, in addition to any remedy provided under Louisiana law, proceed under the procedural laws governing seizure and sale of the state in which the property is located. An action to proceed under the laws of another state shall not affect the rights of the secured party granted under Louisiana law, including but not limited to the right to obtain a deficiency judgment upon showing compliance with the laws of the state in which the property was seized.
B. When a secured party seizes a motor vehicle under the procedural laws governing seizure of the state in which the motor vehicle is located, he may, at his option, return the motor vehicle to Louisiana and sell same at public or private sale without appraisal, provided that the mortgage authorizes a sale without appraisal.
Added by Acts 1984, No. 126, §1. Amended by Acts 1985, No. 39, §1; Acts 1986, No. 106, §1; Acts 1989, No. 137, §18, eff. Sept. 1, 1989; Acts 2001, No. 128, §17, eff. July 1, 2001.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2751. Grounds for arresting seizure and sale; damages

CHAPTER 5. INJUNCTION TO ARREST SEIZURE AND SALE
Art. 2751. Grounds for arresting seizure and sale; damages
The defendant in the executory proceeding may arrest the seizure and sale of the property by injunction when the debt secured by the security interest, mortgage, or privilege is extinguished, or is legally unenforceable, or if the procedure required by law for an executory proceeding has not been followed.
Amended by Acts 1981, No. 302, §1; Acts 1989, No. 137, §18, eff. Sept. 1, 1989.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2752. Injunction procedure

Art. 2752. Injunction procedure
A. The petition for injunction shall be filed in the court where the executory proceeding is pending, either in the executory proceeding or in a separate suit. The injunction proceeding to arrest a seizure and sale shall be governed by the provisions of Articles 3601 through 3609 and 3612, except as provided in Article 2753. However, a temporary restraining order shall not issue to arrest the seizure and sale of immovable property, but the defendant may apply for a preliminary injunction in accordance with Article 3602. In the event the defendant does apply for a preliminary injunction the hearing for such shall be held before the sale of the property.
B. If the court finds that the temporary restraining order or preliminary injunction was wrongfully issued, the court, unless the proceedings are stayed, in addition to the damages authorized under Article 3608, may allow the sheriff to proceed with the sale by virtue of the prior advertisement, if not expired.
Acts 1987, No. 139, §1; Acts 1988, No. 812, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2753. Security not required in certain cases

Art. 2753. Security not required in certain cases
A. The original debtor, his surviving spouse in community, heirs, legatees, and legal representative are not required to furnish security for the issuance of a temporary restraining order or preliminary injunction to arrest a seizure and sale, when the injunctive relief is applied for solely on one or more of the following grounds:
(1) The debt secured by the mortgage, security agreement, or privilege is extinguished or prescribed;
(2) The enforcement of the debt secured by the mortgage, security agreement, or privilege is premature, either because the original term allowed for payment, or any extension thereof granted by the creditor, had not expired at the time of the institution of the executory proceeding;
(3) The act evidencing the mortgage or privilege or the security agreement is forged, or the debtor's signature thereto was procured by fraud, violence, or other unlawful means;
(4) The defendant in the executory proceeding has a liquidated claim to plead in compensation against the debt secured by the mortgage, security agreement, or privilege; or
(5) The order directing the issuance of the writ of seizure and sale was rendered without sufficient authentic evidence having been submitted to the court, or the evidence submitted was not actually authentic.
B. Notwithstanding any of the provisions of this Chapter to the contrary, a claim or an action in redhibition shall not be grounds for the issuance of a temporary restraining order or preliminary injunction to arrest a seizure and sale, without security as provided by law.
C. Notwithstanding any of the provisions of this Chapter to the contrary, a claim that the attorney's fees established in the mortgage, security agreement, or privilege to be enforced are unreasonable shall not be grounds for the issuance of a temporary restraining order or preliminary injunction to arrest a seizure and sale. Any such claim may only be urged either:
(1) Prior to the sale by means of a rule to show cause filed not later than ten days, exclusive of holidays, prior to the sale, and tried summarily prior to the date of the sale, or
(2) In conjunction with a proceeding seeking a deficiency judgment to satisfy the debt for which the property was sold.
Acts 1983, No. 341, §1; Acts 1987, No. 304, §1; Acts 1989, No. 137, §18, eff. Sept. 1, 1989.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2771. When deficiency judgment obtainable

CHAPTER 6. DEFICIENCY JUDGMENT
Art. 2771. When deficiency judgment obtainable
Unless otherwise provided by law, the creditor may obtain a judgment against the debtor for any deficiency due on the debt after the distribution of the proceeds of the judicial sale only if the property has been sold under the executory proceeding after appraisal in accordance with the provisions of Article 2723.
Acts 1989, No. 137, §18, eff. Sept. 1, 1989.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2772. Procedure to obtain deficiency judgment

Art. 2772. Procedure to obtain deficiency judgment
A creditor may obtain a deficiency judgment against the debtor either by converting the executory proceeding into an ordinary proceeding as provided in Article 2644, or by a separate suit. In either case, the defendant must be cited, and all of the delays and formalities required in ordinary proceedings must be observed.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2781. When judgments may be made executory by other courts

CHAPTER 7. MAKING JUDGMENTS OF OTHER
LOUISIANA COURTS EXECUTORY
SECTION 1. IN GENERAL
Art. 2781. When judgments may be made executory by other courts
A judgment rendered in a Louisiana court may be made executory in any other Louisiana court of competent jurisdiction, if its execution has not been and may not be suspended by appeal.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2782. Procedure; execution of executory judgment

Art. 2782. Procedure; execution of executory judgment
A creditor wishing to have a judgment of a Louisiana court made executory, as provided in Article 2781, may file an ex parte petition complying with Article 891, with a certified copy of the judgment annexed, praying that the judgment be made executory. The court shall immediately render and sign its judgment making the judgment of the other Louisiana court executory.
The judgment thus made executory may be executed or enforced immediately as if it had been a judgment of that court rendered in an ordinary proceeding.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2783. Injunction to arrest execution of judgment made executory

Art. 2783. Injunction to arrest execution of judgment made executory
The execution of a judgment made executory under the provisions of Article 2782 may be arrested by injunction if the judgment is extinguished, prescribed, or is otherwise legally unenforceable. No temporary restraining order or a preliminary writ of injunction may be issued, however, unless the applicant therefor furnishes security as provided in Article 3610.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2785. Definitions

SECTION 2. INTRASTATE REGISTRATION OF SUPPORT
ORDERS FOR MODIFICATION AND ENFORCEMENT
SUBSECTION A. GENERAL PROVISIONS
Art. 2785. Definitions
For purposes of this Section:
(1) "Confirmed registered support order" means a support order registered pursuant to the provisions of Article 2786 and subsequently confirmed by a registering court or operation of law pursuant to the provisions of Article 2788(A)(2) or (B) or Article 2793(A)(2), (A)(3), or (B).
(2) "Rendering court" means the district or, if applicable, family or juvenile court which rendered the support order.
(3) "Registering court" means the district or, if applicable, family or juvenile court in which a support obligation rendered by another court of this state has been filed.
(4) "Support order" means a judgment, decree, or order, whether temporary, final, or subject to modification, for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, or reimbursement, and may include related costs and fees, interest, income withholding, attorney fees, and other relief.
(5) "Party to a support order" means the obligee of a support order, or the state of Louisiana, Department of Children and Family Services, or similar agency of another jurisdiction or state when supplying support services as defined in or substantially similar to R.S. 46:236.1(A)(7)1, or under the Uniform Interstate Family Support Act (UIFSA), or in performance of its official duties under Title IV, Subchapter D of the Social Security Act as stated in 45 C.F.R. 301.1.
Added by Acts 1997, No. 603, §2; Acts 1999, No. 210, §1.
1H.B. 1145, 1999 R.S., introduced to enact R.S. 46:236.1(A)(7), did not pass.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2786. Registration of support orders for modification

SUBSECTION B. MODIFICATION
Art. 2786. Registration of support orders for modification
A. A support order rendered by a court of this state may be registered for modification in another court of this state if all parties to the order are no longer domiciled in the parish of the rendering court.
B. A party to a support order seeking to register the support order pursuant to the provisions of this Subsection shall transmit to the clerk of the registering court all of the following:
(1) A certified copy of the support order.
(2) A verified statement of support or a federally approved URESA or UIFSA form, signed by a party to the support order, indicating all of the following:
(a) The name and street address of the obligee.
(b) The name, last known place of residence, and post office or street address of the obligor.
(c) A list of all the jurisdictions in which the order is registered.
C. Upon receipt of these documents, the clerk of court shall:
(1) Treat the documents as if they were a petition seeking relief relative to a family law matter by assigning a docket number and, if applicable, designate a division to which the matter is allotted.
(2) Register the support order by stamping or making a notation thereof on the certified copy of the support order in substantially the following form: "REGISTERED FOR MODIFICATION by the Clerk of the [District, Family, or Juvenile] Court in and for the Parish of [name of parish] on [date]."
(3)(a) Send a copy of the registered support order, by certified or registered mail, to the obligor at the address provided in the verified statement of support, or
(b) Issue service of process as permitted by law and notice of registration in lieu of citation, which shall be served by ordinary process.
(4) Issue notice of the registration to the rendering court or, if the support order has been previously registered and confirmed for modification in another court of this state, to the last registering court.
D. The filing of a support order in compliance with the provisions hereof constitutes registration of the support order for modification, and if subsequently confirmed, shall divest the rendering court, or if registered in another court for modification, the court of last registration, of jurisdiction to modify the support order.
Added by Acts 1997, No. 603, §2; Acts 1999, No. 210, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2787. Objections to registration of support order for modification

Art. 2787. Objections to registration of support order for modification
An objection for any purpose to the registration of the support order must be filed by the obligor with the registering court within twenty days from the date of mailing of the notice required in Article 2786(C)(3) (a), or within twenty days from the date of service required in Article 2786(C)(3)(b).
Added by Acts 1997, No. 603, §2; Acts 1999, No. 210, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2788. Confirmation of registered support order for modification

Art. 2788. Confirmation of registered support order for modification
A. If the obligor files a timely objection and, after a hearing, the court finds:
(1) There exists a legitimate basis for objecting to the registration, the court shall issue an order vacating the registration of the support order.
(2) There exists no legitimate basis for objecting to the registration, the court shall issue an order confirming the registration of the support order.
B. If the obligor fails to file a timely objection, the registered support order is confirmed by operation of law and becomes executory in all respects.
Added by Acts 1997, No. 603, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2789. Confirmed registered support order for modification; effect

Art. 2789. Confirmed registered support order for modification; effect
A. Upon confirming the registration of the support order, the registering court shall have continuing jurisdiction to modify the support order.
B. The clerk of the registering court shall issue notice of the confirmation to the rendering court or, if the support order has been previously registered and confirmed for modification in another court of this state, to the last registering court. Upon receipt of the notice, the rendering court or, if applicable, the last registering court shall cause the notice to be filed in the proceedings in which the support order was rendered or registered and that court shall be divested of jurisdiction to modify the support order retroactively to the original notice of registration filed therein unless it is subsequently registered therein for modification.
C. When confirmed, the registered support order shall be treated in the same manner and have the same effect as a support order issued by the registering court. Additionally, the confirmed registered support order is subject to the same procedures, defenses, and proceedings for modifying, vacating, or staying as a support order of the rendering court, and may be enforced and satisfied in a like manner.
Added by Acts 1997, No. 603, §2; Acts 1999, No. 210, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2790. Confirmed registered support order; enforcement

Art. 2790. Confirmed registered support order; enforcement
A. At a hearing to enforce a confirmed registered support order, the obligor may present only matters that would be available to him as defenses in an action to enforce the support order in the rendering court. If he shows to the court that an appeal from the order is pending or will be taken or that a stay of execution has been granted, the court shall stay enforcement of the order until the appeal has been concluded, the time for appeal has expired, or the stay order has been vacated, upon satisfactory proof that the obligor has furnished security for payment of the support ordered as required by the rendering court. If he shows to the court any ground upon which enforcement of the confirmed registered support order may be stayed, the court shall stay enforcement of the order for an appropriate period if the obligor furnishes the security for payment of the support ordered that is required by law.
B. Arrearages which accrue prior to registration of a support order shall not be modified unless there is a pending petition for modification at the time of registration of the support order. Any such modification shall be retroactive only to the date of filing of the petition for modification.
Added by Acts 1997, No. 603, §2; Acts 1999, No. 210, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2791. Registration of support orders for enforcement only

SUBSECTION C. ENFORCEMENT
Art. 2791. Registration of support orders for enforcement only
A. A support order rendered by a court of this state may be registered for enforcement in another court of this state.
B. An obligee of a support order seeking to register a support order pursuant to the provisions of this Paragraph shall transmit to the clerk of the registering court all of the following:
(1) A certified copy of the support order.
(2) A verified statement of support or a federally approved URESA or UIFSA form, signed by a party to the support order, indicating all of the following:
(a) The name and street address of the obligee.
(b) The name, last known place of residence, and post office or street address of the obligor.
(c) The total amount of arrearages owed pursuant to the support order which have not been reduced to a judgment.
(d) A list of all the jurisdictions in which the order is registered.
C. Upon receipt of these documents, the clerk of court shall:
(1) Treat the documents as if they were a petition seeking relief relative to a family law matter by assigning a docket number and, if applicable, designate a division to which the matter is allotted.
(2) Register the support order by stamping or making a notation thereof on the certified copy of the support order in substantially the following form: "REGISTERED FOR ENFORCEMENT by the Clerk of the [District, Family, or Juvenile] Court in and for the Parish of [name of parish] on [date]."
(3)(a) Send a copy of the registered support order and verified statement of support, by certified or registered mail, to the obligor at the addresses provided in the verified statement of support, or
(b) Issue service of process as permitted by law and notice of registration in lieu of citation, which shall be served by ordinary process.
D. The filing of a support order in compliance with the provisions hereof constitutes registration of the support order for enforcement.
Added by Acts 1997, No. 603, §2; Acts 1999, No. 210, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2792. Objections to registration of support order for enforcement

Art. 2792. Objections to registration of support order for enforcement
An objection for any purpose to the registration of the support order must be filed by the obligor with the registering court within twenty days from the date of mailing of the notice required in Article 2791(C)(3)(a), or within twenty days from the date of service required in Article 2791(C)(3)(b).
Added by Acts 1997, No. 603, §2; Acts 1999, No. 210, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2793. Confirmation of registered support order for enforcement

Art. 2793. Confirmation of registered support order for enforcement
A. If the obligor files a timely objection and, after a hearing, the court finds:
(1) There exists a legitimate basis for objecting to the registration, other than the amount of arrearages alleged to be owed, the court shall issue an order vacating the registration of the support order for enforcement.
(2) There exists no legitimate basis for objecting to the registration, other than the amount of arrearages alleged to be owed, the court shall issue an order confirming the registration of the support order for enforcement.
(3) There exists no legitimate basis for objecting to the registration and there is no dispute as to the amount of arrearages owed as stated in the verified statement of support, the court shall issue an order confirming the registration of the support order for enforcement and render a judgment making the arrearages executory.
B. If the obligor fails to file a timely objection, the registered support order is confirmed by operation of law and the amount of arrearages alleged to be owed in the verified statement of support becomes executory in all respects.
Added by Acts 1997, No. 603, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2794. Confirmed registered support order; enforcement

Art. 2794. Confirmed registered support order; enforcement
A. When confirmed, the registered support order shall be enforced in the same manner as a support order issued by the registering court. It is subject to the same procedures, defenses, and proceedings for enforcing or staying as a support order of the rendering court.
B. At a hearing to enforce a confirmed registered support order for enforcement, the obligor may present matters that would be available to him as defenses in an action to enforce the support order in the rendering court. If he shows to the court that an appeal from the order is pending or will be taken or that a stay of execution has been granted, the court shall stay enforcement of the order until the appeal has been concluded, the time for appeal has expired, or the stay order has been vacated, upon satisfactory proof that the obligor has furnished security for payment of the support ordered as required by the rendering court. If he shows to the court any ground upon which enforcement of the confirmed registered support order may be stayed, the court shall stay enforcement of the order for an appropriate period if the obligor furnishes the security for payment of the support ordered that is required by law.
Added by Acts 1997, No. 603, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2811. Court in which succession opened

BOOK VI
PROBATE PROCEDURE TITLE I GENERAL DISPOSITIONS
CHAPTER 1. JURISDICTION
Art. 2811. Court in which succession opened
A proceeding to open a succession shall be brought in the district court of the parish where the deceased was domiciled at the time of his death.
If the deceased was not domiciled in this state at the time of his death, his succession may be opened in the district court of any parish where:
(1) Immovable property of the deceased is situated; or,
(2) Movable property of the deceased is situated, if he owned no immovable property in the state at the time of his death.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2812. Proceedings in different courts; stay; adoption of proceedings by court retaining jurisdiction

Art. 2812. Proceedings in different courts; stay; adoption of proceedings by court retaining jurisdiction
If proceedings to open the succession of a deceased person who was not domiciled in this state at the time of his death are brought in two or more district courts of competent jurisdiction, the court in which the proceeding was first brought shall retain jurisdiction over the succession, and the other courts shall stay their proceedings.
The court retaining jurisdiction may adopt by ex parte order any of the proceedings taken in any other Louisiana court of competent jurisdiction, with the same force and effect as if these proceedings had been taken in the adopting court.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2821. Evidence of jurisdiction, death, and relationship

CHAPTER 2. EVIDENCE OF JURISDICTION AND HEIRSHIP
Art. 2821. Evidence of jurisdiction, death, and relationship
The deceased's domicile at the time of his death, his ownership of property in this state, and all other facts necessary to establish the jurisdiction of the court may be evidenced by affidavits.
The deceased's death, his marriage, and all other facts necessary to establish the relationship of his heirs may be evidenced either by official certificates issued by the proper public officer, or by affidavits.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2824. No affidavit evidence of factual issues

Art. 2824. No affidavit evidence of factual issues
No fact which is an issue in a contradictory proceeding in a succession may be proved by affidavit under Articles 2821 and 2822. In all such contradictory proceedings, issues of fact shall be determined on the trial thereof only by evidence introduced as in ordinary cases.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2825. Costs

Art. 2825. Costs
In all succession proceedings conducted ex parte, the court costs are to be paid as administration expenses. In all contradictory succession proceedings, the court costs are to be paid by the party cast, unless the court directs otherwise.
Amended by Acts 1997, No. 1421, §3, eff. July 1, 1999.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2826. Definition of certain terms used in Book VI

Art. 2826. Definition of certain terms used in Book VI
Except where the context clearly indicates otherwise, as used in the Articles of this Book:
(1) "Residuary legatee" includes a recipient of a universal legacy or a general legacy, and also includes a residuary heir.
(2) "Residuary heir" is a successor who inherits the residue of a testamentary succession in default of a valid disposition thereof by the testator.
(3) "Succession representative" includes an administrator, provisional administrator, administrator of a vacant succession, executor, and dative testamentary executor.
Acts 1997, No. 1421, §3, eff. July 1, 1999.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2851. Petition for probate

CHAPTER 3. PROBATE AND REGISTRY OF TESTAMENTS
SECTION 1. PROCEDURE PRELIMINARY TO PROBATE
Art. 2851. Petition for probate
If the deceased is believed to have died testate, any person who considers that he has an interest in opening the succession may petition a court of competent jurisdiction for the probate and execution of the testament.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2852. Documents submitted with petition for probate

Art. 2852. Documents submitted with petition for probate
A. The petitioner shall submit with his petition evidence of the death of the decedent, and of all other facts necessary to establish the jurisdiction of the court.
B. If the testament is one other than a statutory testament, a notarial testament, or a nuncupative testament by public act, and is in the possession of the petitioner, he shall present it to the court, and pray that it be probated and executed.
Acts 1997, No. 1421, §3, eff. July 1, 1999.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2853. Purported testament must be filed, though possessor doubts validity

Art. 2853. Purported testament must be filed, though possessor doubts validity
If a person has possession of a document purporting to be the testament of a deceased person, even though he believes that the document is not the valid testament of the deceased, or has doubts concerning the validity thereof, he shall present it to the court with his petition praying that the document be filed in the record of the succession proceeding.
A person so presenting a purported testament to the court shall not be deemed to vouch for its authenticity or validity, nor precluded from asserting its invalidity.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2854. Search for testament

Art. 2854. Search for testament
If the testament is not in the possession of the petitioner, he shall pray that the court direct that a search be made for the testament by a notary of the parish. In its order directing the search, the court may order any person having in his possession or under his control any books, papers, or documents of the deceased, or any bank box, safety deposit vault, or other receptacle likely to contain the testament of the deceased, to permit the examination of the books, papers, and documents, and of the contents of the bank box, safety deposit vault, or other receptacle, by the notary.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2855. Return to order to search for testament

Art. 2855. Return to order to search for testament
If the notary finds any document which purports to be a testament of the deceased, he shall take possession of it, and produce it in court with his written return to the order directing the search. The original petitioner, or any other interested person, may petition for the probate of the testament so produced.
If the search is unsuccessful, despite diligent effort, the notary shall make his written return to this effect to the court.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2856. Probate hearing; probate forthwith if witness present

Art. 2856. Probate hearing; probate forthwith if witness present
When a testament that is required to be probated has been produced, the court shall order it presented for probate on a date and hour assigned. If all necessary witnesses are present in court at the time the testament is produced, the court may order it presented for probate forthwith.
Acts 1997, No. 1421, §3, eff. July 1, 1999.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2881. Ex parte probate if no objection

SECTION 2. EX PARTE PROBATE OF TESTAMENTS
Art. 2881. Ex parte probate if no objection
The court shall proceed to probate the testament ex parte as provided in Article 2882, unless an objection thereto is made at the hearing.
An objection to the ex parte probate of a testament may be presented in an opposition, or made orally at the hearing. The opposition must comply with the provisions of Article 2902, and must be filed prior to the hearing. The oral objection must specify the grounds of invalidity of the testament asserted, and must be urged immediately after the objector has had an opportunity to examine the purported testament.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2882. Proceedings at probate hearing

Art. 2882. Proceedings at probate hearing
At the probate hearing the court shall open the testament, if it is enclosed in a sealed envelope, receive proof of the making of the testament as provided in Articles 2883 through 2889, may read the testament to those present, and shall paraph the top and bottom of each page of the testament by inscribing it "ne varietur" over the judicial signature.
Amended by Acts 1968 No. 130, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2883. Olographic testament

Art. 2883. Olographic testament
A. The olographic testament must be proved by the testimony of two credible witnesses that the testament was entirely written, dated, and signed in the testator's handwriting. The court must satisfy itself, through interrogation or from the written affidavits or the depositions of the witnesses, that the handwriting and signature are those of the testator, and except as provided in Article 2890, must mention these facts in its proces verbal.
B. A person's testimony for the purpose of this Article may be given in the form of an affidavit executed after the death of the testator stating that the olographic will was entirely written, dated, and signed in the testator's handwriting, unless the court in its discretion requires the person to appear and testify orally. All affidavits accepted by the court in lieu of oral testimony shall be filed in the probate proceedings. This Paragraph does not apply to testimony with respect to the genuineness of a will that is judicially attacked.
Acts 1983, No. 594, §1. Acts 1984, No. 393, §1; Acts 1999, No. 85, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2884. Nuncupative testament by private act

Art. 2884. Nuncupative testament by private act
A. Except as provided in Article 2886, the nuncupative testament by private act must be proved by the testimony of at least three of the competent witnesses present when it was made. These witnesses must testify, in substance:
(1) That they recognize the testament presented to them as being the same that was written in their presence by the testator, or by another person at his direction, or which the testator had written or caused to be written out of their presence and which he declared to them contained his testament; and
(2) That they recognize their signatures and that of the testator, if they signed it, or the signature of him who signed for them, respectively, if they did not know how to sign their names.
B. A person's testimony for the purpose of this Article may be given in the form of an affidavit executed after the death of the testator, unless the court in its discretion requires the person to appear and testify orally. All affidavits accepted by the court in lieu of oral testimony shall be filed in the probate proceedings. This Paragraph does not apply to testimony with respect to the genuineness of a will that is judicially attacked.
Acts 1987, No. 270, §1; Acts 1999, No. 85, §1.