reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Code of Civil Procedure › Art. 4914. Contempt power; justice of the peace courts

Art. 4914. Contempt power; justice of the peace courts
A justice of the peace may punish a direct contempt of court, as defined in Article 222, by a fine of not more than fifty dollars, or imprisonment in the parish jail for not more than twenty-four hours, or both.
Acts 1986, No. 156, §1; Acts 1991, No. 508, §3.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4916. Venue; justice of the peace courts

Art. 4916. Venue; justice of the peace courts
The rules of venue provided in Articles 41 through 45 and in Articles 71 through 79 apply to suits brought in justice of the peace courts, except where these articles use the word "parish" it shall be construed to mean the territorial jurisdiction of the justice of the peace court.
Acts 1986, No. 156, §1; Acts 2012, No. 392, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4917. Pleadings; justice of the peace courts; district courts with concurrent jurisdiction

Art. 4917. Pleadings; justice of the peace courts; district courts with concurrent jurisdiction
A. A party or his attorney may state the claim, exceptions, defenses, or other pleas orally to the justice of the peace or the clerk of court. No written pleadings shall be required.
B. A party may file written pleadings if he so desires, but additional fees resulting from written pleadings not required shall not be imposed upon the party cast as costs of court.
C. A defendant shall include in his answer, whether oral or in writing, all of the exceptions upon which he intends to rely.
Acts 1986, No. 156, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4918. Record of the case; subsequent entries; justice of the peace courts; district courts with concurrent jurisdiction

Art. 4918. Record of the case; subsequent entries; justice of the peace courts; district courts with concurrent jurisdiction
When no written pleadings are required, the justice of the peace or the clerk of court shall record in a permanent book or case file the title of the case, the docket number, the name and address of all parties, a brief statement of the nature and amount of the claim, the issuance and service of citation, the defenses pleaded, motions and other pleas made, the names of witnesses who testified, a list of the documents offered at the trial, the rendition of judgment, and any appeal therefrom.
Acts 1986, No. 156, §1; Acts 2004, No. 679, §1, eff. Jan. 1, 2005.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4919. Citation; service of citation; justice of the peace courts; district courts with concurrent jurisdiction

Art. 4919. Citation; service of citation; justice of the peace courts; district courts with concurrent jurisdiction
A. The citation must be signed by the justice of the peace or the clerk of court issuing it, with an expression of his official capacity and under the seal of his office, must be accompanied by a certified copy of any petition, which has been filed, exclusive of exhibits, even if made a part thereof, and must contain the following:
(1) The date of issuance.
(2) The title of the cause.
(3) The name of the person to whom it is addressed.
(4) The title and location of the court issuing it.
(5)(a) A statement that the person cited must either comply with the demand contained in the pleading filed by the plaintiff against him or make an appearance, either by filing a pleading or otherwise, in the court issuing the citation within the delay provided under Article 4920 under penalty of default.
(b) If the matter is set for hearing pursuant to Article 4921.1(C), the citation must contain a statement that the person cited must either comply with the demand of the plaintiff against him or appear in the court issuing the citation at the time and date provided and that if he fails to appear, judgment may be entered against him.
B. When a written petition has been filed, a copy thereof shall be attached to the citation.
C. When the plaintiff has not filed a written petition, the citation shall:
(1) State the amount and nature of the claim and the year or years in which the indebtedness was contracted or arose and shall describe sufficiently to place the defendant on notice any promissory note or other written evidence of indebtedness on which the demand is based; and
(2) Describe the movable property and state the value thereof, if the suit is for the ownership or possession of movable property.
D.(1) Service of citation or other process may be made by the court by certified mail, with return receipt requested, when costs therefore are posted with the court.
(2) If the properly addressed certified mail return receipt reply form is signed by the addressee who is the defendant, service shall be considered personal service.
(3) If the properly addressed certified mail return receipt reply form is signed by a person other than the defendant, service shall be considered domiciliary service.
Acts 1986, No. 156, §1; Acts 2012, No. 666, §1; Acts 2015, No. 424, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4920. Delay for answering; justice of the peace courts; district courts with concurrent jurisdiction

Art. 4920. Delay for answering; justice of the peace courts; district courts with concurrent jurisdiction
The defendant shall answer within ten days of the service of citation, except that, when the citation is served through the secretary of state, the delay, as to all defendants, shall be fifteen days after service.
Acts 1986, No. 156, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4921. Default judgment; justice of the peace courts; district courts with concurrent jurisdiction

Art. 4921. Default judgment; justice of the peace courts; district courts with concurrent jurisdiction
A. If the defendant fails to answer timely, or if he fails to appear at the trial, and the plaintiff establishes a prima facie case by competent and admissible evidence, a default judgment in favor of the plaintiff may be rendered.
B. When the suit is for a sum due on an open account, promissory note, negotiable instrument, or other conventional obligation, prima facie proof may be submitted by affidavit. When the demand is based upon a promissory note or other negotiable instrument, no proof of any signature thereon shall be required.
C. When the demand is based upon a right acquired by assignment in an open account, promissory note, or other negotiable instrument, the court may raise an objection of prescription before entering a default judgment if the grounds for the objection appear from the pleadings or from the evidence submitted by the plaintiff. If the court raises an objection of prescription, it shall not enter the default judgment unless the plaintiff presents prima facie proof that the action is not barred by prescription. Upon the plaintiff's request, the court shall hold a hearing for the submission of such proof.
Acts 1986, No. 156, §1; Acts 2017, No. 419, §1; Acts 2021, No. 174, §5, eff. Jan. 1, 2022; Acts 2021, No. 259, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4921.1. Demand for trial; abandonment; applicability

Art. 4921.1. Demand for trial; abandonment; applicability
A. After the lapse of fifteen days from the date the answer to the suit is filed pursuant to Article 4920, any party may make written demand to have the case set for trial. The judge shall give notice of trial within forty-five days of the answer being filed. The court shall issue notice of trial to be held within forty-five days of that date.
B. Notwithstanding the three-year period for abandonment as provided by Article 561, if the parties fail to take any step in the prosecution or defense of the action for a period of one year, the action shall otherwise be subject to the procedures for abandonment as provided by Article 561, provided that the court has jurisdiction over the subject matter.
C.(1) Notwithstanding the provisions of Paragraph A of this Article, the justice of the peace or clerk may set the matter for trial upon filing of a petition. The date, time, and location of the trial shall be contained in the citation. The first scheduled trial date shall be not more than forty-five days, nor less than ten days, from the service of the citation. If the defendant appears, he need not file an answer unless ordered to do so by the court. If a defendant who has been served with citation fails to appear at the time and place specified in the citation, the judge may enter a default judgment for the plaintiff in the amount proved to be due. If the plaintiff does not appear, the judge may enter an order dismissing the action without prejudice.
(2) If a matter has been set for trial pursuant to Subparagraph (1) of this Paragraph, no default judgment shall be rendered prior to the trial date.
Acts 2005, No. 489, §1; Acts 2015, No. 424, §1; Acts 2017, No. 419, §1; Acts 2021, No. 174, §1, eff. Jan. 1, 2022.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4921.2. Duties of the justice of the peace; trial procedure; rules of evidence; depositions

Art. 4921.2. Duties of the justice of the peace; trial procedure; rules of evidence; depositions
A. At trial, it is the duty of the justice of the peace to conduct an informal hearing and to develop all of the facts necessary and relevant to an impartial determination of the case. The judge may take testimony, summon any party to appear as a witness in the suit upon his own motion, and do other acts which in his discretion appear necessary to effect a correct judgment and speedy disposition of the case. He may attempt to mediate disputes and encourage fair settlements among the parties.
B. The technical rules of evidence are relaxed, and all relevant evidence is admissible, including hearsay, provided the justice of the peace satisfies himself of its general reliability, and further provided that the judgment is founded upon competent evidence.
C. No depositions shall be taken and no interrogatories or other discovery proceedings shall be used except upon approval of the court. The court shall grant discovery only upon notice and good cause shown, and limited to the necessities of the case.
Acts 2015, No. 424, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4922. Notice of judgment; justice of the peace courts; district courts with concurrent jurisdiction

Art. 4922. Notice of judgment; justice of the peace courts; district courts with concurrent jurisdiction
Notice of the signing of any final judgment shall be given as required by Article 1913, except that if the party is personally served with the judgment in open court, no further notice shall be required.
Acts 1986, No. 156, §1; Acts 2001, No. 512, §1; Acts 2015, No. 424, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4924. Appeals from justice of the peace courts; district courts with concurrent jurisdiction

Art. 4924. Appeals from justice of the peace courts; district courts with concurrent jurisdiction
A. Appeal from a judgment rendered by a justice of the peace court or a clerk of court shall be taken to the parish court or, if there is no parish court, to the district court of the parish in which the justice of the peace court is situated.
B. The case is tried de novo on appeal. However, a trial de novo, in the district court from the justice of the peace court, is not subject to the jurisdictional limit of the justice of the peace court.
C. No further appeal from the judgment of the parish or district court is allowed.
D. Supervisory jurisdiction of the proceedings in the parish or district court may be exercised by the court of appeal which otherwise would have had appellate jurisdiction.
Acts 1986, No. 156, §1; Acts 1999, No. 678, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4925. Delay for appeal; justice of the peace courts; district courts with concurrent jurisdiction

Art. 4925. Delay for appeal; justice of the peace courts; district courts with concurrent jurisdiction
A. The appellant from a judgment rendered by a justice of the peace court or the clerk of court shall file suit for a trial de novo in the district court or the parish court within fifteen days from the date of the judgment or from the service of notice of judgment, when such notice is necessary. A copy of the suit for trial de novo shall be provided to all parties or their attorney of record. A copy of either the notice of suit for trial de novo or the suit pleadings shall also be provided to the justice of the peace court whose judgment is being appealed. The rules of the district court or parish court shall thereafter apply.
B. When an application for new trial is timely filed, however, the delay for appeal commences on the day after the motion is denied, or from service of notice of the order denying a new trial, when such notice is necessary.
Acts 1986, No. 156, §1; Acts 2015, No. 424, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5001. Appeals from city and parish courts

CHAPTER 3. APPEALS FROM CITY AND PARISH COURTS
Art. 5001. Appeals from city and parish courts
A. An appeal from a judgment rendered by a parish court or by a city court shall be taken to the court of appeal.
B. Appeal shall be on the record and shall be taken in the same manner as an appeal from the district court.
Acts 1986, No. 156, §1; Acts 2001, No. 1134, §1; Acts 2021, No. 259, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5002. Delay for appeal

Art. 5002. Delay for appeal
A. An appeal from a judgment rendered by a city court or a parish court may be taken only within ten days from the date of the judgment or from the service of notice of judgment, when such notice is necessary.
B. When an application for new trial is timely filed, however, the delay for appeal commences on the day after the motion is denied, or from service of notice of the order denying a new trial, when such notice is necessary.
Acts 1986, No. 156, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5011. Procedure

TITLE III. DISTRICT COURTS WHERE JURISDICTION
CONCURRENT WITH JUSTICE OF THE PEACE COURTS
Art. 5011. Procedure
The rules provided in Articles 4917 through 4923 apply to a suit in a district court, when a justice of the peace would have concurrent jurisdiction thereof.
Acts 1986, No. 156, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5051. Liberal construction of articles

BOOK IX
MISCELLANEOUS PROVISIONS AND DEFINITIONS
TITLE I. MISCELLANEOUS PROVISIONS
CHAPTER 1. RULES OF CONSTRUCTION
Art. 5051. Liberal construction of articles
The articles of this Code are to be construed liberally, and with due regard for the fact that rules of procedure implement the substantive law and are not an end in themselves.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5056. Conjunctive, disjunctive, or both

Art. 5056. Conjunctive, disjunctive, or both
Unless the context clearly indicates otherwise:
(1) The word "and" indicates the conjunctive;
(2) The word "or" indicates the disjunctive; and
(3) When the article is phrased in the disjunctive, followed by the words "or both", both the conjunctive and disjunctive are intended.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5058. References to code articles or statutory sections

Art. 5058. References to code articles or statutory sections
Unless the context clearly indicates otherwise:
(1) A reference in this Code to a book, title, chapter, section, or article, without further designation, means a book, title, chapter, section, or article of this Code; and
(2) A reference in this Code to an article of a code, or to a statutory section, applies to all prior and subsequent amendments thereof.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5059. Computation of time

Art. 5059. Computation of time
A. In computing a period of time allowed or prescribed by law or by order of court, the date of the act, event, or default after which the period begins to run is not to be included. The last day of the period is to be included, unless it is a legal holiday, in which event the period runs until the end of the next day which is not a legal holiday.
B. A half-holiday is considered as a legal holiday. A legal holiday is to be included in the computation of a period of time allowed or prescribed, except when:
(1) It is expressly excluded;
(2) It would otherwise be the last day of the period; or
(3) The period is less than seven days.
C.(1) A legal holiday shall be excluded in the computation of a period of time allowed or prescribed to seek rehearing, reconsideration, or judicial review or appeal of a decision or order by an agency in the executive branch of state government.
(2) Subparagraph (1) of this Paragraph shall not apply to the computation of a period of time allowed or prescribed to seek rehearing, reconsideration, or judicial review or appeal of a decision or order by the Department of Revenue, the Department of Environmental Quality, or the Department of Insurance relative to examination reports in R.S. 22:1983.
Acts 2018, No. 128, §1; Acts 2019, No. 300, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5091.1. Appointment of attorney in disavowal actions

Art. 5091.1. Appointment of attorney in disavowal actions
In any action to disavow paternity, the judge shall appoint an attorney to represent the child whose status is at issue, and the attorney so appointed shall not represent any other party in the litigation.
Added by Acts 1976, No. 430, §3.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5091.2. Curator ad hoc in adoption cases

Art. 5091.2. Curator ad hoc in adoption cases
In complying with the provisions of the Louisiana Children's Code Articles 1011, 1107, or 1190 and related statutes, the judge of the competent court is authorized to appoint an attorney who shall serve as curator ad hoc who will assist the court in complying with the statutory requirements for maintaining the confidentiality of termination, surrender, adoption, and related records and proceedings.
Added by Acts 1978, No. 450, §3; Acts 1997, No. 1056, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5092. Qualifications; suggestions for appointment not permitted

Art. 5092. Qualifications; suggestions for appointment not permitted
When the court appoints an attorney at law to represent an unrepresented party, it shall appoint an attorney qualified to practice law in this state.
The court shall not accept any suggestion as to the name of the attorney to be appointed, unless manifestly in the interest of the unrepresented party.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5093. Oath not required; waiver of citation and acceptance of service

Art. 5093. Oath not required; waiver of citation and acceptance of service
An attorney at law appointed by the court to represent an unrepresented party need not take an oath before entering on the performance of his duties, as his oath of office as an attorney applies to all of his professional duties.
An attorney appointed to represent a defendant may waive citation and accept service of process, but may not waive any defense. No further action may be taken by the court after service or acceptance thereof until after the expiration of the delay allowed the defendant to answer, even though the appointed attorney may have filed an exception or answer prior thereto.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5094. Duties; notice to nonresident or absentee

Art. 5094. Duties; notice to nonresident or absentee
When an attorney at law is appointed by the court to represent a defendant who is a nonresident or an absentee, the attorney shall use reasonable diligence to communicate with the defendant and inform him of the pendency and nature of the action or proceeding, and of the time available for the filing of an answer or the assertion of a defense otherwise.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5095. Same; defense of action

Art. 5095. Same; defense of action
A. The attorney at law appointed by the court to represent a defendant shall use reasonable diligence to inquire of the defendant, and to determine from other available sources, what defense, if any, the defendant may have, and what evidence is available in support thereof.
B. Except in an executory proceeding, the attorney may except to the petition, shall file an answer or other pleading in time to prevent a default judgment from being rendered, may plead therein any affirmative defense available, may prosecute an appeal from an adverse judgment, and generally has the same duty, responsibility, and authority in defending the action or proceeding as if he had been retained as counsel for the defendant.
Acts 2017, No. 419, §1; Acts 2021, No. 174, §1, eff. Jan. 1, 2022.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5096. Compensation

Art. 5096. Compensation
The court shall allow the attorney at law appointed to represent a defendant a reasonable fee for his services, which shall be paid by the plaintiff, but shall be taxed as costs of court.
The attorney so appointed may require the plaintiff to furnish security for the costs which may be paid by, and the reasonable fee to be allowed, the attorney.
If the attorney so appointed is retained as counsel for the defendant, the attorney shall immediately advise the court and opposing counsel of such employment.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5097. Attorney appointed to represent claimant in worker's compensation case

Art. 5097. Attorney appointed to represent claimant in worker's compensation case
Articles 5092, 5093, and 5098 apply to an attorney at law appointed by the court to represent a claimant in a worker's compensation case who seeks authority to compromise or to accept a lump sum settlement.
Acts 1983, 1st E.S., No. 1, §6.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5098. Validity of proceeding not affected by failure of attorney to perform duties; punishment of attorney

Art. 5098. Validity of proceeding not affected by failure of attorney to perform duties; punishment of attorney
The failure of an attorney appointed by the court to represent an unrepresented party to perform any duty imposed upon him by, or the violation by any person of, the provisions of Articles 5092 through 5096 shall not affect the validity of any proceeding, trial, order, judgment, seizure, or judicial sale of any property in the action or proceeding, or in connection therewith.
For a wilful violation of any provision of Articles 5092 through 5096 an attorney at law subjects himself to punishment for contempt of court, and such further disciplinary action as is provided by law.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5121. Bond payable to clerk; cash bonds by plaintiffs authorized; person in interest may sue

CHAPTER 3. BONDS IN JUDICIAL PROCEEDINGS
Art. 5121. Bond payable to clerk; cash bonds by plaintiffs authorized; person in interest may sue
When a party to a judicial proceeding is required by law or order of court to furnish security, any bond so furnished shall be made payable to the clerk of the trial court in which the proceeding was brought. When the party required to furnish same is a plaintiff, a cash bond may be furnished in lieu of other security, at his option.
Any person in interest may sue thereon. No error, inaccuracy, or omission is naming the obligee on the bond is a defense to an action thereon.
Amended by Acts 1970, No. 492, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5121.1. Bond secured by immovable property

Art. 5121.1. Bond secured by immovable property
Any party to a judicial proceeding who is required by law or court order to provide security may furnish as security a bond secured by immovable property located in this state. The party providing the property bond shall present to a judge of the parish in which the immovable is located an assessment certificate, a homestead exemption waiver if applicable, and a mortgage certificate. Prior to presenting the bond to the court having jurisdiction over the judicial proceeding the bond shall be recorded in the mortgage office of the parish where the immovable is located and the recordation shall be evidenced on the mortgage certificate.
Added by Acts 1984, No. 200, §2, eff. June 29, 1984.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5122. Oath of surety and principal on bond

Art. 5122. Oath of surety and principal on bond
A. Except as otherwise provided in this Article, no bond shall be accepted in a judicial proceeding unless accompanied by affidavits of:
(1) Each surety that he is worth the amount for which he bound himself therein, in assets subject to execution, over and above all of his other obligations.
(2) The party furnishing the bond that he is informed and believes that each surety on the bond is worth the amount for which the surety has bound himself therein, in assets subject to execution, over and above all of the other obligations of the surety.
(3) The party furnishing a bond secured by immovable property under Article 5121.1 that he is worth the amount for which he has bound himself and that the immovable securing the bond contains assets subject to execution, over and above all his other obligations.
B. This Article does not apply to a bond executed by a surety company licensed to do business in this state.
Amended by Acts 1984, No. 200, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5123. Testing sufficiency and validity of bond

Art. 5123. Testing sufficiency and validity of bond
Any person in interest wishing to test the sufficiency, solvency of the surety, or validity of a bond furnished as security in a judicial proceeding shall rule the party furnishing the bond into the trial court in which the proceeding was brought to show cause why the bond should not be decreed insufficient or invalid, and why the order, judgment, writ, mandate, or process conditioned on the furnishing of security should not be set aside or dissolved. If the bond is sought to be held invalid on the ground of the insolvency of a surety other than a surety company licensed to do business in this state, the party furnishing the bond shall prove the solvency of the surety on the trial of the rule.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5124. Furnishing new or supplemental bond to correct defects of original

Art. 5124. Furnishing new or supplemental bond to correct defects of original
Within four days, exclusive of legal holidays, of the rendition of judgment holding the original bond insufficient or invalid, or at any time if no rule to test the original bond has been filed, the party furnishing it may correct any defects therein by furnishing a new or supplemental bond, with either the same surety if solvent, or a new or additional surety.
The new or supplemental bond is retroactive to the date the original bond was furnished, and maintains in effect the order, judgment, writ, mandate, or process conditioned on the furnishing of security.
The furnishing of a supplemental bond, or the furnishing of a new bond by a different surety, does not discharge or release the surety on the original bond; and the sureties on both are liable in solido to the extent of their respective obligations thereon and may be joined in an action on the bond.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5125. Insufficiency or invalidity of bond; effect on orders or judgments; appeal from order for supplemental bond

Art. 5125. Insufficiency or invalidity of bond; effect on orders or judgments; appeal from order for supplemental bond
No appeal, order, judgment, writ, mandate, or process conditioned on the furnishing of security may be dismissed, set aside, or dissolved on the ground that the bond furnished is insufficient or invalid unless the party who furnished it is afforded an opportunity to furnish a new or supplemental bond, as provided in Articles 5124 and 5126.
No suspensive appeal is allowed from an order or ruling of a trial court requiring or permitting a new or supplemental bond to be furnished as provided in Articles 5124 and 5126.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5126. Insufficiency or invalidity of new or supplemental bond

Art. 5126. Insufficiency or invalidity of new or supplemental bond
The party furnishing a new or supplemental bond under the provisions of Article 5124 may correct an insufficiency or invalidity therein by furnishing a second new or supplemental bond within four days, exclusive of legal holidays, of rendition of judgment holding the new or supplemental bond insufficient or invalid, or at any time if no rule to test the new or supplemental bond has been filed.
If the second new or supplemental bond is insufficient or invalid, the party furnishing it may not correct the defects therein by furnishing a further new or supplemental bond.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5127. Release bond

Art. 5127. Release bond
No property seized under any order, judgment, writ, mandate, or process of a court may be released from seizure under a release or forthcoming bond unless it is executed by:
(1) A surety company licensed to do business in this state; or
(2) An individual surety, and has been approved by the sheriff after the latter has satisfied himself of the solvency of the surety.
Articles 5121 through 5126 apply to a release or forthcoming bond.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5152. Surety's right to plead

Art. 5152. Surety's right to plead
When a surety is sued by the creditor on the suretyship obligation, and the right of discussion has been created by contract between the surety and the creditor, the surety may plead discussion to compel the creditor to obtain and execute a judgment against the principal before executing a judgment against the surety.
Acts 2010, No. 185, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5153. Transferee in revocatory action; right to plead discussion

Art. 5153. Transferee in revocatory action; right to plead discussion
When a revocatory action is brought by a creditor to set aside a transfer of property made by his debtor, the transferee may plead discussion to compel the creditor to obtain and execute a judgment against the debtor before setting the transfer aside.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5154. Third possessor's right to plead

Art. 5154. Third possessor's right to plead
When a legal or judicial mortgage securing an indebtedness due by a former owner of property is sought to be enforced against the property after its acquisition by a third possessor, the latter may plead discussion to compel the mortgagee to enforce the mortgage against other property affected thereby, which is owned by the mortgagor, or which has been acquired from the mortgagor by a third person after the third possessor acquired his property.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5155. Pleading discussion

Art. 5155. Pleading discussion
A third possessor may plead discussion in an injunction suit to restrain the enforcement of a legal or judicial mortgage against his property. Discussion may be pleaded by a surety or transferee in a revocatory action only in the dilatory exception.
In pleading discussion, the secondary obligor shall:
(1) Point out by a description sufficient to identify it, property in the state belonging to the primary obligor, or otherwise subject to discussion, which is not in litigation, is not exempt from seizure, is free of mortgages and privileges, and is worth more than the total amount of the judgment or mortgage; and
(2) Deposit into the registry of the court, for the use of the creditor, an amount sufficient to defray the costs of executing the judgment or enforcing the mortgage against the property discussed.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5156. Effect of discussion

Art. 5156. Effect of discussion
When discussion is pleaded successfully by a third possessor, or by the transferee in a revocatory action, the court shall stay proceedings against the third possessor or transferee until the creditor has executed his judgment against the property discussed.
When discussion is pleaded successfully by a surety and the principal is joined, the court may render judgment against both the principal and the surety, but shall order the creditor to execute his judgment against the property discussed. If the principal is not joined in the action initially, the court shall order his joinder if he is subject to its jurisdiction, and may then proceed as provided in this paragraph.
If the creditor is not able to satisfy his judgment out of the proceeds of the judicial sale of the property discussed, he may thereafter proceed as if discussion had not been pleaded.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5181. Privilege of litigating without prior payment of costs

CHAPTER 5. WAIVER OF COSTS FOR INDIGENT PARTY
Art. 5181. Privilege of litigating without prior payment of costs
A. Except as provided in Paragraph B of this Article, an individual who is unable to pay the costs of court because of his poverty and lack of means may prosecute or defend a judicial proceeding in any trial or appellate court without paying the costs in advance or as they accrue or furnishing security therefor.
B. In the event any person seeks to prosecute a suit in a court of this state while incarcerated or imprisoned for the commission of a felony without paying the costs in advance as they accrue or furnishing security thereof, the court shall require such person to advance costs in accordance with the following schedule:
Prisoner's Present Assets
Advance Cost To Be Paid
Minimum
Maximum
Minimum
Maximum
Amount
Amount
Amount
Amount
$ 0.00
$ 20.00
$ 0.00
$ 3.00
$ 20.01
$ 45.00
$ 3.00
$ 9.00
$ 45.01
$ 65.00
$ 9.00
$ 15.00
$ 65.01
$ 85.00
$ 15.00
$ 21.00
$ 85.01
$ 105.00
$ 21.00
$ 27.00
$ 105.01
$ 125.00
$ 27.00
$ 33.00
$ 125.01
$ 145.00
$ 33.00
$ 39.00
$ 145.01
$ 165.00
$ 39.00
$ 45.00
$ 165.01
$ 185.00
$ 45.00
$ 51.00
$ 185.01
$ 205.00
$ 51.00
$ 57.00
$ 205.01
$ 225.00
$ 57.00
$ 63.00
$ 225.01
$ 245.00
$ 63.00
$ 69.00
$ 245.01
$ 265.00
$ 69.00
$ 75.00
$ 265.01
$ 285.00
$ 75.00
$ 81.00
$ 285.01
$ 305.00
$ 81.00
$ 87.00
$ 305.01
$ 325.00
$ 87.00
$ 93.00
$ 325.01
$ 345.00
$ 93.00
$ 99.00
$ 345.01
$ 365.00
$ 99.00
$ 105.00
$ 365.01
Up
$ 105.00 to all advance
cost.
C. The court for good cause shown may require a prisoner to pay more or less advance cost than is required by the schedule in Paragraph B of this Article if the court finds that the prisoner's prior financial record makes reliance on his present economic status inappropriate.
Amended by Acts 1964, No. 336, §1; Acts 1972, No. 663, §1. Acts 1984, No. 509, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5182. Restrictions on privilege

Art. 5182. Restrictions on privilege
The privilege granted by this Chapter shall be restricted to litigants who are clearly entitled to it, with due regard to the nature of the proceeding, the court costs which otherwise would have to be paid, and the ability of the litigant to pay them or furnish security therefor, so that the fomentation of litigation by an indiscriminate resort thereto may be discouraged, without depriving a litigant of its benefits if he is entitled thereto.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5183. Affidavits of poverty; documentation; order

Art. 5183. Affidavits of poverty; documentation; order
A. A person who wishes to exercise the privilege granted in this Chapter shall apply to the court for permission to do so in his first pleading, or in an ex parte written motion if requested later, to which the applicant shall annex the following:
(1) The applicant's affidavit that the applicant is unable to pay the costs of court in advance, or as they accrue, or to furnish security therefor, because of the applicant's poverty and lack of means, accompanied by any supporting documentation.
(2) The affidavit of a third person other than the applicant's attorney that he knows the applicant, knows the applicant's financial condition, and believes that the applicant is unable to pay the costs of court in advance, or as they accrue, or to furnish security therefor.
(3) Repealed by Acts 2023, No. 5, §3.
B.(1) Upon the filing of the completed application and supporting affidavits, the court shall render an order that does one of the following:
(a) Grants the application and allows the applicant to litigate or to continue the litigation without paying the costs in advance.
(b) Denies the application with written reasons for such denial.
(c) Sets the matter for a contradictory hearing.
(2) The submission by the applicant of supporting documentation that the applicant is receiving public assistance benefits or that the applicant's income is less than or equal to one hundred twenty-five percent of the federal poverty level shall create a rebuttable presumption that the applicant is entitled to the privilege granted in this Chapter. If the court finds that the presumption has been rebutted, it shall provide written reasons for its finding.
(3) The court may reconsider its original order granting the application on its own motion at any time in a contradictory hearing.
Amended by Acts 1984, No. 456, §1; Acts 1997, No. 1122, §1, eff. July 14, 1997; Acts 1997, No. 1205, §1; Acts 2021, No. 416, §1; Acts 2023, No. 5, §3.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5184. Traverse of affidavits of poverty

Art. 5184. Traverse of affidavits of poverty
A. An adverse party or the clerk of the court in which the litigation is pending may traverse the facts alleged in the affidavits of poverty, and the right of the applicant to exercise the privilege granted in this Chapter, by a rule against him to show cause why the order of court permitting him to litigate, or to continue the litigation, without paying the costs in advance, or as they accrue, or furnishing security therefor, should not be rescinded. However, only one rule to traverse the affidavit of poverty shall be allowed, whether the rule is filed by an adverse party or the clerk of court.
B. The court shall rescind its order if, on the trial of the rule to traverse, it finds that the litigant is not entitled to exercise the privilege granted in this Chapter.
Acts 1990, No. 179, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5185. Rights of party permitted to litigate without payment of costs

Art. 5185. Rights of party permitted to litigate without payment of costs
A. When an order of court permits a party to litigate without the payment of costs until this order is rescinded or expires, the party is entitled to:
(1) All services required by law of a sheriff, clerk of court, court reporter, notary, or other public officer in, or in connection with, the judicial proceeding, including but not limited to the filing of pleadings and exhibits, the issuance of certificates, the certification of copies of notarial acts and public records, the issuance and service of subpoenas and process, the taking and transcribing of testimony, and the preparation of a record of appeal.
(2)(a) The right to the compulsory attendance of not more than six witnesses for the purpose of testifying, either in court or by deposition, without the payment of the fees, mileage, and other expenses allowed these witnesses by law. If a party has been permitted to litigate without full payment of costs and is unable to pay for witnesses desired by the party, in addition to those summoned at the expense of the parish, the party shall make a sworn application to the court for the additional witnesses. The application shall allege that the testimony is relevant and material and not cumulative and that the defendant cannot safely go to trial without it. A short summary of the expected testimony of each witness shall be attached to the application.
(b) The court shall make a private inquiry into the facts and, if satisfied that the party is entitled to the privilege, shall render an order permitting the party to subpoena additional witnesses at the expense of the parish. If the application is denied, the court shall state the reasons for the denial in writing, which shall become part of the record.
(3) The right to a trial by jury and to the services of jurors, when allowed by law and applied for timely.
(4) The right to have any judgment or order filed and to receive one certified copy of the judgment or order.
(5) The right to a devolutive appeal, and to apply for supervisory writs.
B. The party is not entitled to a suspensive appeal, or to an order or judgment required by law to be conditioned on his furnishing security other than for costs, unless the party furnishes the necessary security therefor.
C. No public officer is required to make any cash outlay to perform any duty imposed on him under any Article in this Chapter, except to pay witnesses summoned at the expense of the parish the witness fee and mileage to which they are entitled.
Amended by Acts 1964, No. 4, §1. Acts 1984, No. 541, §1; Acts 2021, No. 416, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5186. Account and payment of costs

Art. 5186. Account and payment of costs
An account shall be kept of all costs incurred by a party who has been permitted to litigate without the payment of costs, by the public officers to whom these costs would be payable. If judgment is rendered in favor of the indigent party, the party against whom the judgment is rendered shall be condemned to pay all costs due such officers, who have a privilege on the judgment superior to the rights of the indigent party or his attorney. If judgment is rendered against the indigent plaintiff and he is condemned to pay court costs, an affidavit of the account by an officer to whom costs are due, recorded in the mortgage records, shall have the effect of a judgment for the payment due.
Amended by Acts 1981, No. 545, §1; Acts 1993, No. 852, §1; Acts 1997, No. 408, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5187. Compromise; dismissal of proceedings prior to judgment

Art. 5187. Compromise; dismissal of proceedings prior to judgment
No compromise shall be effected unless all costs due these officers have been paid. Should any compromise agreement be entered into in violation of this article, each party thereto is liable to these officers for all costs due them at the time.
No judicial proceeding in which a party has been permitted to litigate without the payment of costs shall be dismissed prior to judgment, unless all costs due these public officers have been paid, or there is annexed to the written motion to dismiss the certificates of all counsel of record that no compromise has been effected or is contemplated.
No release of a claim or satisfaction of a judgment shall be effective between the parties to a judicial proceeding in which one of the parties has been permitted to litigate without the payment of costs unless all costs due the clerk of court have been paid. The clerk of court shall have a lien for the payment of such costs superior to that of any other party on any monies or other assets transferred in settlement of such claim or satisfaction of such judgment and shall be entitled to collect reasonable attorney's fees in any action to enforce this lien for the payment of such costs.
Amended by Acts 1982, No. 533, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 5188. Unsuccessful party condemned to pay costs

Art. 5188. Unsuccessful party condemned to pay costs
Except as otherwise provided by Articles 1920 and 2164, if judgment is rendered against a party who has been permitted to litigate without the payment of costs, he shall be condemned to pay the costs incurred by him, in accordance with the provisions of Article 5186, and those recoverable by the adverse party. The failure of the indigent party to pay the costs specified in this Article shall not prevent entry of a judgment in favor of any party who is not responsible for the costs.
Acts 1993, No. 852, §1; Acts 2012, No. 741, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 1. Short title; citation of Code

LOUISIANA CODE OF CRIMINAL PROCEDURE
TITLE I
PRELIMINARY PROVISIONS AND
GENERAL POWERS OF COURTS
CHAPTER 1. PRELIMINARY PROVISIONS AND
RULES OF CONSTRUCTION
Art. 1. Short title; citation of Code
This Code shall be known as the Louisiana Code of Criminal Procedure and may be cited officially: C.Cr.P.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 6. Conjunctive, disjunctive, or both

Art. 6. Conjunctive, disjunctive, or both
Unless the context clearly indicates otherwise:
(1) The word "and" indicates the conjunctive;
(2) The word "or" indicates the disjunctive;
(3) When the article is phrased in the disjunctive, followed by the words "or both," both the conjunctive and disjunctive are intended; and
(4) The word "and" or "or" between the last two items in a series applies to the entire series.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 9. References to Code articles or statutory sections

Art. 9. References to Code articles or statutory sections
Unless the context clearly indicates the contrary:
(1) A reference in this Code to a title, chapter, or article, without further designation, means a title, chapter, or article of this Code; and
(2) A reference in this Code to a title, chapter, or article of a code, or to any statutory or constitutional provision, applies to subsequent amendments thereof.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 12. Pleading a statute

Art. 12. Pleading a statute
In pleading a state statute of Louisiana or an ordinance of a political subdivision thereof, a state statute of another state of the United States, or a federal statute, or a right derived therefrom or an obligation created thereby, it is sufficient to refer to the statute or ordinance by an official method of citation, by its title, or in any other manner which identifies the statute or ordinance.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 13. Computation of time

Art. 13. Computation of time
In computing a period of time allowed or prescribed by law or by order of court, the date of the act, event, or default after which the period begins to run is not to be included. The last day of the period is to be included, unless it is a legal holiday, in which event the period runs until the end of the next day which is not a legal holiday.
A half-holiday is considered as a legal holiday.
A legal holiday is to be included in the computation of a period of time allowed or prescribed, except when:
(1) It is expressly excluded;
(2) It would otherwise be the last day of the period; or
(3) The period is less than seven days.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 14. Oath or affirmation in criminal proceedings; witness

Art. 14. Oath or affirmation in criminal proceedings; witness
A. If a person refuses to take an oath or to make a sworn statement or affidavit required in connection with any criminal proceedings, he may affirm in lieu of swearing, and his affirmation shall fulfill the requirement and shall have the same legal effect as an oath, sworn statement, or affidavit.
B. Before testifying every witness shall be required to declare that he will testify truthfully, by oath or affirmation administered in a form calculated to awaken his conscience and impress his mind with his duty to do so.
Acts 1988, No. 515, §3, eff. Jan. 1, 1989.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 15. Courts to which applicable; military not affected

CHAPTER 2. APPLICATION OF CODE
Art. 15. Courts to which applicable; military not affected
A. The provisions of this Code, except as otherwise specially provided by other statutes, shall govern and regulate the procedure in criminal prosecutions and proceedings in district courts. They also shall govern criminal prosecutions in city, parish, juvenile, and family courts, except insofar as a particular provision is incompatible with the general nature and organization of, or special procedures established or authorized by law for, those courts.
B. This Code shall not affect any power conferred by law upon any court martial, military authority, or military officer to impose or inflict punishment upon offenders.