Title 13, Courts and Judicial Procedure
0 chapters · 2,055 sections in this title.
La. Rev. Stat. § 13:3952 Repealed by Acts 1960, No
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§3952. Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
La. Rev. Stat. § 13:3953 Suit by state, subdivision, board or political corporation; facts warranting affidavit for attachment
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§3953. Suit by state, subdivision, board or political corporation; facts warranting affidavit for attachment Whenever any suit is hereafter filed by the State of Louisiana, or by any parish or other political subdivision thereof, or by any public board thereof, or by any politica…
La. Rev. Stat. § 13:3954 Repealed by Acts 1960, No
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§3954. Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
La. Rev. Stat. § 13:3955 Fee of attorney-at-law representing absent defendants
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§3955. Fee of attorney-at-law representing absent defendants Attorneys-at-law appointed by the judge to represent absent defendants in cases of attachment, are entitled to the sum of ten dollars as a fee, to be taxed as costs, which upon application and proof to the court, may be…
La. Rev. Stat. § 13:3956 Suits by surety companies on contracts of indemnity for signing of bail bonds
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§3956. Suits by surety companies on contracts of indemnity for signing of bail bonds Whenever any suit is hereafter filed in any of the courts of this state by a surety company authorized to do business in this state, against any person, firm, corporation or partnership upon a co…
La. Rev. Stat. § 13:3957 Sequestration authorized when statute refers to provisional seizure
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§3957. Sequestration authorized when statute refers to provisional seizure When under any code or statutory provision heretofore or hereafter adopted a creditor is authorized to use the writ of provisional seizure in the enforcement of his claim, it shall be construed as authoriz…
La. Rev. Stat. § 13:4 Affixing seal of clerk complies with requirement of affixing seal of court
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§4. Affixing seal of clerk complies with requirement of affixing seal of court When any code or statutory provision requires the affixing of the seal of a court to a judgment, order, mandate, writ, process, certified copy, or document issued by the court or its clerk, and the cou…
La. Rev. Stat. § 13:4001 Repealed by Acts 1960, No
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§4001. Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
La. Rev. Stat. § 13:4002 Sequestration without security available to enforce privilege of farm or plantation laborer for unpaid wages
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§4002. Sequestration without security available to enforce privilege of farm or plantation laborer for unpaid wages Sequestration may issue to enforce the privilege for unpaid wages of a farm or plantation laborer on the crop, and to prevent the removal thereof from the farm or p…
La. Rev. Stat. § 13:4061 Suit against state officer or board involving constitutionality of law authorizing expenditure; no temporary restraining order; preliminary injunction; suspensive appeal
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§4061. Suit against state officer or board involving constitutionality of law authorizing expenditure; no temporary restraining order; preliminary injunction; suspensive appeal No court has jurisdiction to issue, or cause to be issued, any temporary restraining order against any …
La. Rev. Stat. § 13:4062 Suit against state officer or board involving expenditure of state funds; temporary restraining order; preliminary or permanent injunction prohibited
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§4062. Suit against state officer or board involving expenditure of state funds; temporary restraining order; preliminary or permanent injunction prohibited No court shall have jurisdiction to issue, or cause to be issued, any temporary restraining order, preliminary injunction, …
La. Rev. Stat. § 13:4063 §§4063 to 4071 Repealed by Acts 1960, No
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§4063. §§4063 to 4071 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
La. Rev. Stat. § 13:4101 Mortgaged property in hands of receiver or liquidator
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§4101. Mortgaged property in hands of receiver or liquidator The appointment of a receiver or liquidator of a corporation shall not affect the right of a creditor to enforce by executory process a mortgage or security agreement importing a confession of judgment and affecting pro…
La. Rev. Stat. § 13:4102 Executory process; bearer paper, movable or immovable property, authentic evidence; certification of documents
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§4102. Executory process; bearer paper, movable or immovable property, authentic evidence; certification of documents A. Whenever the holder of bearer paper, such as a note, bond, or other instrument evidencing an obligation secured by a mortgage or privilege on movable or immova…
La. Rev. Stat. § 13:4103 Executory process against mortgaged corporation property; proof of authority to execute mortgage
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§4103. Executory process against mortgaged corporation property; proof of authority to execute mortgage A. The following shall be deemed to constitute authentic evidence for purposes of an executory proceeding to enforce a mortgage, chattel mortgage, or other security agreement a…
La. Rev. Stat. § 13:4103.1 Executory process against mortgaged or secured limited liability company property; proof of authority to execute mortgage or security agreement
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§4103.1. Executory process against mortgaged or secured limited liability company property; proof of authority to execute mortgage or security agreement Any of the following shall be deemed to constitute authentic evidence for purposes of an executory proceeding to enforce a mort…
La. Rev. Stat. § 13:4104 Variance between act of mortgage and note; correction
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§4104. Variance between act of mortgage and note; correction The right to an order for executory process shall exist when there is a variance between a notarial act of mortgage and the note or notes issued in connection therewith, when such variance is due to a clerical error and…
La. Rev. Stat. § 13:4105 Notarial act acknowledging error, when sufficient
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§4105. Notarial act acknowledging error, when sufficient In any case where such variance exists and it is not possible to secure the certificate referred to in R.S. 13:4104, the right to an order for executory process will lie upon execution by the debtor or by his heirs, executo…
La. Rev. Stat. § 13:4106 Deficiency judgment prohibited if sale made without appraisement
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§4106. Deficiency judgment prohibited if sale made without appraisement A. Unless otherwise provided by law, if a mortgagee or other creditor takes advantage of a waiver of appraisement of his property, movable, immovable, or both, by a debtor, and the proceeds of the judicial sa…
La. Rev. Stat. § 13:4107 R.S
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§4107. R.S. 13:4106 cannot be waived; operation prospective R.S. 13:4106 declares a public policy and the provisions thereof can not, and shall not be waived by a debtor, but it shall only apply to mortgages, contracts, debts or other obligations made, or arising on or after Augu…
La. Rev. Stat. § 13:4108 Transactions which do not bar deficiency judgment
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§4108. Transactions which do not bar deficiency judgment Notwithstanding any other law to the contrary, including but not limited to R.S. 13:4106 and 4107, none of the following actions by a mortgagee or other creditor shall prohibit the mortgagee or other creditor from obtaining…
La. Rev. Stat. § 13:4108.1 Deficiency judgment when obligations based upon commercial transaction
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§4108.1. Deficiency judgment when obligations based upon commercial transaction A. As an exception to R.S. 13:4106 and 4107, if a mortgagee or other creditor holds a mortgage, pledge, security interest, or privilege which secures an obligation in a commercial transaction, the mor…
La. Rev. Stat. § 13:4108.2 Deficiency judgment when obligations based on consumer transaction
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§4108.2. Deficiency judgment when obligations based on consumer transaction A. Notwithstanding any other law to the contrary, including but not limited to R.S. 13:4106 and 4107, if a mortgagee or other creditor holds a mortgage, pledge, security interest, or privilege which secur…
La. Rev. Stat. § 13:4108.3 Relation to Chapter 9 of the Louisiana Commercial Laws
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§4108.3. Relation to Chapter 9 of the Louisiana Commercial Laws The rights or absence thereof of a secured creditor to pursue and collect a deficiency from a debtor, guarantor, or surety in connection with a secured transaction subject to Chapter 9 of the Louisiana Commercial Law…
La. Rev. Stat. § 13:4109 Executory process against property of insolvents; rights of persons holding special mortgages
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§4109. Executory process against property of insolvents; rights of persons holding special mortgages Creditors holding special mortgages containing the pact de non alienando shall not lose their rights of executory process upon the property of their debtor, by reason of a cession…
La. Rev. Stat. § 13:4110 Same; sale under first process where provisional or definitive syndic appointed
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§4110. Same; sale under first process where provisional or definitive syndic appointed In all cases when executory process has issued and a surrender has been made and a provisional or definitive syndic has been appointed, the sale under the first process shall be effected the sa…
La. Rev. Stat. § 13:4111 Venue of executory proceeding against continuous tract of land in different parishes
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§4111. Venue of executory proceeding against continuous tract of land in different parishes An executory proceeding to enforce a mortgage or privilege affecting the whole of a continuous tract of land situated partly in different parishes, at the option of the plaintiff, may be b…
La. Rev. Stat. § 13:4112 Actions to set aside or annul judicial sales in executory proceedings
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§4112. Actions to set aside or annul judicial sales in executory proceedings No action may be instituted to set aside or annul the judicial sale of immovable property by executory process by reason of any objection to form or procedure in the executory proceedings, or by reason o…
La. Rev. Stat. § 13:4151 Summary trial of suits in which mineral lands are in controversy; bond to prevent summary trial
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§4151. Summary trial of suits in which mineral lands are in controversy; bond to prevent summary trial Whenever a suit is filed in which the title to or possession of mineral lands, or oil, gas or mineral leases, is questioned, the defendant may demand a summary trial of the caus…
La. Rev. Stat. § 13:4152 Same; motion for summary trial; date of trial
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§4152. Same; motion for summary trial; date of trial On or before ten days after the date of filing of the suit, defendant shall file his answer to plaintiff's demand, and after the answer is filed, or as a part thereof, defendant may file a motion for a summary trial of the caus…
La. Rev. Stat. § 13:4153 Same; continuance
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§4153. Same; continuance Should plaintiff show a legal cause for delay of such trial, only one continuance shall be granted, and that for not more than ten days.
La. Rev. Stat. § 13:4154 Same; no summary trial if plaintiff gives bond; judgment on failure to give bond
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§4154. Same; no summary trial if plaintiff gives bond; judgment on failure to give bond Forty-eight hours or more before the cause is called for trial, plaintiff may place the cause back in the category of ordinary causes, and not subject to any preference or priority by giving b…
La. Rev. Stat. § 13:4155 Same; appeal
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§4155. Same; appeal Should either party appeal a case so fixed for summary trial, the cause shall be a preference suit in the appellate court and shall be fixed and set for argument in the appellate court for a date not more than thirty days from the date of the filing of the tra…
La. Rev. Stat. § 13:4156 Same; trial of suit filed during vacation
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§4156. Same; trial of suit filed during vacation Should the court be in vacation at the time of filing the suit, the cause shall be fixed for trial in first instance on the first day of the next term of court.
La. Rev. Stat. § 13:4157 Damages ex delicto; trial with preference
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§4157. Damages ex delicto; trial with preference All suits or actions for damages, arising "ex delicto" shall be placed upon the preference docket of the district and city courts and shall be tried along with such other preference cases as is now provided by law.
La. Rev. Stat. § 13:4158 Repealed by Acts 1960, No
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§4158. Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
La. Rev. Stat. § 13:4159 Trial by judge when no verdict reached on two jury trials
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§4159. Trial by judge when no verdict reached on two jury trials In any case where a jury has been prayed for by either party, and where the case has been tried twice by a jury without a verdict being reached, no further trial by jury shall be had, but the case shall be tried by …
La. Rev. Stat. § 13:4160 Third verdict of jury not to be set aside
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§4160. Third verdict of jury not to be set aside No judge may set aside the verdict of a jury in the same case more than twice, but should there be three jury trials of the same case, the third verdict shall not be disturbed by the trial judge, who shall render judgment thereon w…
La. Rev. Stat. § 13:4161 Trial of cases on holiday
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§4161. Trial of cases on holiday Whenever empanelling of a jury or the taking of evidence on the trial of any case, shall have been begun, but not concluded, at the time at which there shall intervene any legal holiday or legal half-holiday, it is lawful for the presiding judge, …
La. Rev. Stat. § 13:4162 Suits entitled to preference; right of office; state, police jury or municipal corporation as party
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§4162. Suits entitled to preference; right of office; state, police jury or municipal corporation as party Suits in which the right of office is involved, or in which the state, a police jury or municipal corporation is a party, shall have precedence over all others except crimin…
La. Rev. Stat. § 13:4163 Motion for legislative continuance or extension of time; legislators or employees
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§4163. Motion for legislative continuance or extension of time; legislators or employees engaged in legislative or constitutional convention activities A.(1)(a) A member of the legislature or legislative employee shall be entitled to peremptory grounds for a continuance of any co…
La. Rev. Stat. § 13:4164 Television
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§4164. Television A. Except as otherwise provided herein, no proceeding in any court in this state shall be televised or recorded by television equipment. B. Each court in this state may provide by court rule for the broadcasting or recordation for broadcasting of proceedings for…
La. Rev. Stat. § 13:4165 Special masters; appointment; duties and powers; compensation; code of judicial
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§4165. Special masters; appointment; duties and powers; compensation; code of judicial conduct A. Pursuant to the inherent judicial power of the court and upon its own motion and with the consent of all parties litigant, the court may enter an order appointing a special master in…
La. Rev. Stat. § 13:42 Judicial Compensation Commission; creation; membership
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§42. Judicial Compensation Commission; creation; membership A. There is hereby created a commission known as the "Judicial Compensation Commission", hereinafter referred to as the "commission". The commission shall consist of fifteen members, subject to Senate confirmation: one s…
La. Rev. Stat. § 13:4201 Voluntary dismissal or discontinuance; payment of costs before judgment rendered or signed
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§4201. Voluntary dismissal or discontinuance; payment of costs before judgment rendered or signed No order or judgment shall be rendered or signed by any court of the state dismissing or discontinuing any suit or reconventional demand, on the voluntary motion of any or all of the…
La. Rev. Stat. § 13:4202 Rates of judicial interest
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§4202. Rates of judicial interest A. The rate of judicial interest resulting from a lawsuit pending or filed during the indicated periods shall be as follows: (1) Prior to September 12, 1980, the rate shall be seven percent per annum. (2) On and after September 12, 1980, until Se…
La. Rev. Stat. § 13:4203 Interest on judgments from judicial demand in ex delicto cases
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§4203. Interest on judgments from judicial demand in ex delicto cases Legal interest shall attach from date of judicial demand, on all judgments, sounding in damages, "ex delicto", which may be rendered by any of the courts.
La. Rev. Stat. § 13:4204 United States courts; recorded judgments as judicial mortgages
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§4204. United States courts; recorded judgments as judicial mortgages All judgments rendered by United States courts of original jurisdiction in Louisiana, or those registered in accordance with 28 U.S.C. §1963, when recorded in the mortgage records of any parish shall rank as ju…
La. Rev. Stat. § 13:4205 Same; recordation fees
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§4205. Same; recordation fees The same fees allowed by law for the recordation of state judgments shall apply to judgments of the United States Courts.
La. Rev. Stat. § 13:4206 Inability to pay money judgment not contempt
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§4206. Inability to pay money judgment not contempt Failure to obey an order or judgment of court, when such order or judgment is in effect an order or judgment for the payment of money, shall not be construed as a contempt, if it appears that the failure to obey is due to inabil…