Title 13, Courts and Judicial Procedure
0 chapters · 2,055 sections in this title.
La. Rev. Stat. § 13:4207 Maximum delays for decisions on cases under advisement and on applications for new trials and orders of appeal
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§4207. Maximum delays for decisions on cases under advisement and on applications for new trials and orders of appeal If oral reasons for judgment are not rendered in open court and the matter taken under advisement, the district judges and judges of the city courts shall render …
La. Rev. Stat. § 13:4208 Same; judgment and appeal when court not in session
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§4208. Same; judgment and appeal when court not in session When the thirty days herein provided in R.S. 13:4207 expires at a time when the judge is not holding court in the parish wherein the case was tried and submitted, or while the judge is on vacation, the judge shall forward…
La. Rev. Stat. § 13:4209 Decisions by successor judge
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§4209. Decisions by successor judge A. In all cases heard and taken under advisement of the district judge or judges of the city courts, if the judge before whom a case is tried dies, resigns, or is removed from office, or if his term expires before rendering his judgment in the …
La. Rev. Stat. § 13:4210 Penalty for judge's violation of R.S
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§4210. Penalty for judge's violation of R.S. 13:4207 through R.S. 13:4209 All judges mentioned in R.S. 13:4207 through 13:4209 who shall violate those provisions or requirements, relative to the time within which they shall render decisions as aforesaid, shall forfeit one quarter…
La. Rev. Stat. § 13:4211 Application of R.S
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§4211. Application of R.S. 13:4207-13:4210 to all parishes, including Orleans The provisions of R.S. 13:4207 through 13:4210 shall apply to all parishes in the State of Louisiana, including the parish of Orleans. Amended by Acts 1954, No. 286, §1.
La. Rev. Stat. § 13:4212 §§4212 to 4214 Repealed by Acts 1960, No
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§4212. §§4212 to 4214 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
La. Rev. Stat. § 13:4231 Res judicata
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§4231. Res judicata Except as otherwise provided by law, a valid and final judgment is conclusive between the same parties, except on appeal or other direct review, to the following extent: (1) If the judgment is in favor of the plaintiff, all causes of action existing at the tim…
La. Rev. Stat. § 13:4232 Exceptions to the general rule of res judicata
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§4232. Exceptions to the general rule of res judicata A. A judgment does not bar another action by the plaintiff: (1) When exceptional circumstances justify relief from the res judicata effect of the judgment; (2) When the judgment dismissed the first action without prejudice; or…
La. Rev. Stat. § 13:4233 §4233 to 4240 Repealed by Acts 1960, No
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§4233. §4233 to 4240 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
La. Rev. Stat. § 13:4241 Definition
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§4241. Definition In this Part "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state. Acts 1985, No. 464, §1.
La. Rev. Stat. § 13:4242 Filing and status of foreign judgments
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§4242. Filing and status of foreign judgments A copy of any foreign judgment authenticated in accordance with an act of congress or the statutes of this state may be annexed to and filed with an ex parte petition complying with Code of Civil Procedure Article 891 and praying that…
La. Rev. Stat. § 13:4243 Notice of filing
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§4243. Notice of filing A. At the time of the filing of the petition and foreign judgment, the judgment creditor shall file with the court an affidavit setting forth the name and last known address of the judgment debtor and the judgment creditor. B. Promptly upon the filing of t…
La. Rev. Stat. § 13:4244 Stay
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§4244. Stay A. If the judgment debtor proves on contradictory motion that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the tim…
La. Rev. Stat. § 13:4245 Fees
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§4245. Fees Fees for filing and enforcing a foreign judgment shall be as provided by law. Acts 1985, No. 464, §1.
La. Rev. Stat. § 13:4246 Optional procedure
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§4246. Optional procedure The right of a judgment creditor to bring an action to enforce the judgment under Article 2541 of the Code of Civil Procedure is preserved. Acts 1985, No. 464, §1.
La. Rev. Stat. § 13:4247 Short title
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§4247. Short title This Part may be cited as the "Enforcement of Foreign Judgments Act". Acts 1985, No. 464, §1.
La. Rev. Stat. § 13:4248 Foreign protective orders
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§4248. Foreign protective orders A. A copy of any foreign protective order authenticated in accordance with an act of congress or the statutes of this state may be annexed to and filed with an ex parte petition praying that the protective order be made executory in this state. Th…
La. Rev. Stat. § 13:4251.101 Short title
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§4251.101. Short title This Chapter may be cited as the Louisiana Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. Acts 2016, No. 333, §1.
La. Rev. Stat. § 13:4251.102 Definitions
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§4251.102. Definitions In this Chapter: (1) "Adult" means an individual who has attained eighteen years of age or who is an emancipated minor. (2) "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed as a curator…
La. Rev. Stat. § 13:4251.103 International application of Part
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§4251.103. International application of Part A court of this state may treat a foreign country as if it were a state for the purpose of applying this Part and Parts 2, 3, and 5 of this Chapter. Acts 2016, No. 333, §1.
La. Rev. Stat. § 13:4251.104 Communication between courts
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§4251.104. Communication between courts A. A court of this state may communicate with a court in another state concerning a proceeding arising under this Act. The court may allow the parties to participate in the communication. Except as otherwise provided in Subsection B of this…
La. Rev. Stat. § 13:4251.105 Cooperation between courts
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§4251.105. Cooperation between courts If a court of another state in which a guardianship or protective proceeding is pending requests assistance under a provision of law similar to R.S. 13:4251.104, a court of this state has jurisdiction for the limited purpose of granting the r…
La. Rev. Stat. § 13:4251.106 Taking testimony in another state
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§4251.106. Taking testimony in another state A. In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testim…
La. Rev. Stat. § 13:4251.201 Definitions; significant-connection factors
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§4251.201. Definitions; significant-connection factors A. In this Part: (1) "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person …
La. Rev. Stat. § 13:4251.202 Exclusive basis
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§4251.202. Exclusive basis This Part provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult. Acts 2016, No. 333, §1.
La. Rev. Stat. § 13:4251.203 Jurisdiction
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§4251.203. Jurisdiction A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if any of the following apply: (1) This state is the respondent's home state. (2) On the date the petition is filed, this state is a significant-conne…
La. Rev. Stat. § 13:4251.204 Special jurisdiction
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§4251.204. Special jurisdiction A. A court of this state lacking jurisdiction under R.S. 13:4251.203(1) through (3) has special jurisdiction to do any of the following: (1) Appoint a guardian in an emergency for a term not exceeding ninety days for a respondent who is physically …
La. Rev. Stat. § 13:4251.205 Exclusive and continuing jurisdiction
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§4251.205. Exclusive and continuing jurisdiction Except as otherwise provided in R.S. 13:4251.204, a court that has appointed a guardian or issued a protective order consistent with this Chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated …
La. Rev. Stat. § 13:4251.206 Appropriate forum
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§4251.206. Appropriate forum A. A court of this state having jurisdiction under R.S. 13:4251.203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. B. I…
La. Rev. Stat. § 13:4251.207 Jurisdiction declined by reason of conduct
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§4251.207. Jurisdiction declined by reason of conduct A. If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may do any of the following: (1) Decline to exercis…
La. Rev. Stat. § 13:4251.208 Notice of proceeding
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§4251.208. Notice of proceeding If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements …
La. Rev. Stat. § 13:4251.209 Proceedings in more than one state
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§4251.209. Proceedings in more than one state Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under R.S. 13:4251.204(A)(1) or (A)(2), if a petition for the appointment of a guardia…
La. Rev. Stat. § 13:4251.301 Transfer of guardianship or conservatorship to another state
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§4251.301. Transfer of guardianship or conservatorship to another state A. A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. B. Notice of a petition under Subsection A of this Section must be…
La. Rev. Stat. § 13:4251.302 Accepting guardianship or conservatorship transferred from another state
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§4251.302. Accepting guardianship or conservatorship transferred from another state A. To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to R.S. 13:4251.301, the guardian or conservator must petition the court in this stat…
La. Rev. Stat. § 13:4251.401 Registration of guardianship orders
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§4251.401. Registration of guardianship orders If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to r…
La. Rev. Stat. § 13:4251.402 Registration of protective orders
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§4251.402. Registration of protective orders If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register…
La. Rev. Stat. § 13:4251.403 Effect of registration
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§4251.403. Effect of registration A. Upon registration of a guardianship or protective order from another state, except as prohibited under the laws of this state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment, subject to…
La. Rev. Stat. § 13:4251.501 Uniformity of application and construction
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§4251.501. Uniformity of application and construction In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Acts 2016, No. 333, §1.
La. Rev. Stat. § 13:4251.502 Relation to Electronic Signatures in Global and National Commerce Act
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§4251.502. Relation to Electronic Signatures in Global and National Commerce Act This Chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section …
La. Rev. Stat. § 13:4251.503 [Reserved.]
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§4251.503. [Reserved.] Acts 2016, No. 333, §1.
La. Rev. Stat. § 13:4251.504 Transitional provision
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§4251.504. Transitional provision A. This Chapter applies to guardianship and protective proceedings begun on or after the effective date. B. Parts I, III, and IV of this Chapter and R.S. 13:4251.501 and 4251.502 apply to proceedings begun before the effective date, regardless of…
La. Rev. Stat. § 13:4251.505 [Reserved.]
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§4251.505. [Reserved.] Acts 2016, No. 333, §1.
La. Rev. Stat. § 13:4261 §§4261 to 4264 Repealed by Acts 1960, No
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§4261. §§4261 to 4264 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
La. Rev. Stat. § 13:4261.101 Short title
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§4261.101. Short title This Chapter may be cited as the Supported Decisionmaking Agreement Act, and may also be cited as the Dustin Gary Act. Acts 2020, No. 258, §2.
La. Rev. Stat. § 13:4261.102 Definitions
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§4261.102. Definitions As used in this Chapter: (1) "Adult" means an individual with a disability as defined by the Americans with Disabilities Act of 1990, 42 U.S.C. 12102, who has attained eighteen years of age or who is an emancipated minor. (2) "Guardian" means a guardian as …
La. Rev. Stat. § 13:4261.103 Purpose
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§4261.103. Purpose The purpose of this Chapter is to recognize a less restrictive decisionmaking process and empowers supported decisionmaking as an option over interdiction for adults with disabilities who need assistance with decisions regarding daily living. Acts 2020, No. 258…
La. Rev. Stat. § 13:4261.201 Scope of supported decisionmaking agreement
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§4261.201. Scope of supported decisionmaking agreement An adult may voluntarily, without undue influence or coercion, enter into a supported decisionmaking agreement with a supporter under which the adult authorizes the supporter to do any of the following: (1) Provide supported …
La. Rev. Stat. § 13:4261.202 Authority of supporter
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§4261.202. Authority of supporter A supporter may exercise the authority granted to the supporter in the supported decisionmaking agreement. Acts 2020, No. 258, §2.
La. Rev. Stat. § 13:4261.203 Requirements of supporter
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§4261.203. Requirements of supporter A supporter shall do all of the following: (1) Support the will and preference of the adult and not the supporter's opinion of the adult's best interests. (2) Act honestly, diligently, and in good faith. (3) Act within the scope set forth in t…
La. Rev. Stat. § 13:4261.204 Prohibitions
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§4261.204. Prohibitions A supporter is prohibited from doing all of the following: (1) Exerting undue influence upon the adult. (2) Obtaining, without the consent of the adult, information relating to the adult acquired for a purpose other than assisting the adult in making a spe…