Title 13, Courts and Judicial Procedure
0 chapters · 2,055 sections in this title.
La. Rev. Stat. § 13:4401 §§4401 to 4404 Repealed by Acts 1960, No
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§4401. §§4401 to 4404 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
La. Rev. Stat. § 13:4405 Sheriff to record sales in conveyance office in New Orleans; penalties
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§4405. Sheriff to record sales in conveyance office in New Orleans; penalties The sheriff of the parish of Orleans shall record in the conveyance office of the city of New Orleans all judicial sales of real property made by him, besides having the sales recorded in the clerk's of…
La. Rev. Stat. § 13:4406 Sections applicable to Orleans Parish
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§4406. Sections applicable to Orleans Parish The provisions of R.S. 13:4405 apply only to Orleans Parish. The provisions of R.S. 13:4341 have no application to Orleans Parish. The provisions of R.S. 13:4343 through 13:4350, R.S. 13:4353 through 13:4357, and R.S. 13:4359 through 1…
La. Rev. Stat. § 13:4407 Newspaper advertisement of judicial sales
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§4407. Newspaper advertisement of judicial sales In the parish of Orleans, any advertisement for the judicial sale of immovable property under this Chapter shall contain the docket number of the suit, the case name of the parties involved, the date of the sale, the municipal addr…
La. Rev. Stat. § 13:4431 Suspensive appeal from judgment restraining enforcement of constitution or statute
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§4431. Suspensive appeal from judgment restraining enforcement of constitution or statute In any case where any district court has granted any restraining order, preliminary injunction, permanent injunction, or other process which may restrain the execution or enforcement of any …
La. Rev. Stat. § 13:4432 Same; appeal by public officer, board, etc., without bond
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§4432. Same; appeal by public officer, board, etc., without bond Such suspensive appeal, in the case of any officer, board, commission or department of the state government, or any political subdivision thereof, shall be without bond.
La. Rev. Stat. § 13:4433 Dismissal of appeal for informalities; opportunity to cure
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§4433. Dismissal of appeal for informalities; opportunity to cure Whenever an appellant files an incomplete transcript, or files the transcript or a further application for an extension, within three judicial days after the return day, or omits to file as part of the record any t…
La. Rev. Stat. § 13:4434 Registration of copy of appellate decree
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§4434. Registration of copy of appellate decree When any decree has been rendered by any court of appeal, or by the supreme court, any party to the suit in which the decree may have been rendered may demand a copy of the decree, may have it registered in either the mortgage or co…
La. Rev. Stat. § 13:4435 Same; registry as mortgage or recognition of title
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§4435. Same; registry as mortgage or recognition of title The registry of a decree as provided in R.S. 13:4434 shall operate as a judicial mortgage, or as a recognition of title, or otherwise, according to the terms of the decree, and shall continue to have that effect unless set…
La. Rev. Stat. § 13:4436 Same; decree may not be executed until final
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§4436. Same; decree may not be executed until final Nothing in R.S. 13:4434 through 13:4436 shall be construed to permit a writ in execution of a decree to issue until the decree is final.
La. Rev. Stat. § 13:4436.1 Termination permitted by summary proceedings; jurisdiction of court to order
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§4436.1. Termination permitted by summary proceedings; jurisdiction of court to order A. A judgment debtor who appeals the judgment may obtain an order that terminates a judicial mortgage created by recording the judgment and that directs the recorder to erase the judgment from h…
La. Rev. Stat. § 13:4436.2 Termination of mortgages resulting from judgment of courts of original jurisdiction
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§4436.2. Termination of mortgages resulting from judgment of courts of original jurisdiction The court hearing the rule shall order the mortgage terminated and direct the recorder to erase the judgment from his records if it finds that the debtor's suspensive appeal has suspended…
La. Rev. Stat. § 13:4436.3 Termination of mortgages resulting from judgments of appellate courts
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§4436.3. Termination of mortgages resulting from judgments of appellate courts The court hearing the rule shall order the mortgage terminated and direct the recorder to erase the judgment from his records, if it finds that the appellate judgment was not executory when the proceed…
La. Rev. Stat. § 13:4436.4 Form and amount of bond for appellate judgments
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§4436.4. Form and amount of bond for appellate judgments The bond required to be filed, if the judgment is that of an appellate court, shall be on the same terms and conditions and in the same amount as is required by law for suspensive appeal bonds. Acts 1992, No. 1132, §5, eff.…
La. Rev. Stat. § 13:4436.5 Qualifications of surety presumed
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§4436.5. Qualifications of surety presumed For purposes of this Chapter, the surety of a bond is deemed to be qualified to act as surety unless the judgment creditor expressly denies such qualifications in an answer and, if the surety is licensed to conduct a surety business in t…
La. Rev. Stat. § 13:4437 §§4437, 4437.1 Repealed by Acts 1960, No
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§4437. §§4437, 4437.1 Repealed by Acts 1960, No. 38, §3, eff. June 20, 1960; Acts 1960, No. 32, §2, eff. Jan. 1, 1961
La. Rev. Stat. § 13:4438 Repealed by Acts 1977, No
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§4438. Repealed by Acts 1977, No. 135, §1, eff. Jan. 1, 1978
La. Rev. Stat. § 13:4439 Triplicate copies of transcripts of appeal to supreme court
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§4439. Triplicate copies of transcripts of appeal to supreme court The clerks of the district courts of the various parishes including the parish of Orleans, without extra charge, shall make all transcripts of appeal to the supreme court in triplicate. Where a note of evidence ha…
La. Rev. Stat. § 13:4440 Quadruplicate copies of note of evidence in case appealable to supreme court
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§4440. Quadruplicate copies of note of evidence in case appealable to supreme court Hereafter in all civil and criminal cases wherein a note of evidence is taken and same is appealable to the supreme court the stenographer in transcribing his notes shall make an original and thre…
La. Rev. Stat. § 13:4441 Transfer of cases appealed to wrong court; retransfer
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§4441. Transfer of cases appealed to wrong court; retransfer When an appeal is taken and perfected to an appellate court having no jurisdiction thereof, the court to which it is taken may transfer it to the court having jurisdiction thereof, instead of dismissing the appeal. The …
La. Rev. Stat. § 13:4442 Costs and conditions of transfer or retransfer of appeals
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§4442. Costs and conditions of transfer or retransfer of appeals A court which orders the transfer or the retransfer of an appeal under the provisions of R.S. 13:4441 may regulate the costs thereof, and the costs of the prior transfer if retransferred, and may prescribe the delay…
La. Rev. Stat. § 13:4443 §§4443, 4444 Repealed by Acts 1960, No
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§4443. §§4443, 4444 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
La. Rev. Stat. § 13:4445 Repealed by Acts 1977, No
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§4445. Repealed by Acts 1977, No. 198, §1, eff. Jan. 1, 1978
La. Rev. Stat. § 13:4446 Repealed by Acts 2012, No
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§4446. Repealed by Acts 2012, No. 290, §3, eff. Jan. 1, 2013.
La. Rev. Stat. § 13:4447 Certified copy of opinion of court of appeals; filing in parish where suit originated
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§4447. Certified copy of opinion of court of appeals; filing in parish where suit originated The clerks of the court of appeals shall furnish a certified copy of the opinion of the court of appeals in each case, to be filed with the original papers in the clerk's office in the pa…
La. Rev. Stat. § 13:4448 Notice required; constitutionality of statute at issue
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§4448. Notice required; constitutionality of statute at issue Prior to adjudicating the constitutionality of a statute of the state of Louisiana, the courts of appeal and the Supreme Court of Louisiana shall notify the attorney general of the proceeding and afford him an opportun…
La. Rev. Stat. § 13:4449 Certification by court of appeal of questions to Supreme Court
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§4449. Certification by court of appeal of questions to Supreme Court In any case pending before the courts of appeal in which the judges thereof may desire the instructions or opinion of the Supreme Court on any question of law arising therein, the judges of the intermediate app…
La. Rev. Stat. § 13:4450 Repealed by Acts 1977, No
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§4450. Repealed by Acts 1977, No. 181, §1 eff. Jan. 1, 1978
La. Rev. Stat. § 13:4451 Judgment against surety on appeal bond
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§4451. Judgment against surety on appeal bond In all cases of appeal to any of the appellate courts, if the judgment appealed from be affirmed, the party in whose favor it is rendered on return of execution in the lower court that no property has been found, or not enough to sati…
La. Rev. Stat. § 13:4452 Delay for appeal in case involving public bonds
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§4452. Delay for appeal in case involving public bonds An appeal from a judgment in a case involving the validity of bonds or certificates of indebtedness of a public board or corporation, or political subdivision of the state, or of taxes or assessments necessary to pay the prin…
La. Rev. Stat. § 13:4453 Trial court clerk need not prepare record of appeal until appeal bond filed
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§4453. Trial court clerk need not prepare record of appeal until appeal bond filed The clerk of a trial court is under no duty to commence the preparation of the record of appeal in any case until the appeal bond, when required by law, is filed in the trial court by the appellant…
La. Rev. Stat. § 13:45 Domicile; meetings; staff
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§45. Domicile; meetings; staff The commission shall be domiciled in Baton Rouge, Louisiana. It shall meet at least biennially. Necessary support staff shall be provided by appropriate committee staff of the legislature. Acts 1995, No. 1077, §1.
La. Rev. Stat. § 13:4521 State and its subdivisions; temporary deferral of court costs; exceptions
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§4521. State and its subdivisions; temporary deferral of court costs; exceptions A.(1) Except as provided in R.S. 13:5112, R.S. 19:15 and 116, and R.S. 48:451.3, and as provided in this Subsection, the state, any political subdivision as defined in this Section, and any agent, of…
La. Rev. Stat. § 13:4522 Defendant may demand security for costs
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§4522. Defendant may demand security for costs The defendant before pleading in all cases may by motion demand and require the plaintiff or intervenor to give security for the cost in such case, and on failure to do so within the time fixed by the court such suit or intervention,…
La. Rev. Stat. § 13:4523 Same; liability of surety
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§4523. Same; liability of surety In all cases mentioned in R.S. 13:4522 the surety for costs shall be considered a party to such suit or proceeding and shall be condemned for the amount of costs recoverable in solido with the principal if the latter is cast in the final judgment …
La. Rev. Stat. § 13:4524 §§4524 to 4528 Repealed by Acts 1960, No
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§4524. §§4524 to 4528 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
La. Rev. Stat. § 13:4529 Forma pauperis appeals in criminal cases
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§4529. Forma pauperis appeals in criminal cases In all appealable criminal cases where the convicted person desires to appeal from the sentence imposed, at the time of asking for an appeal he may also present the affidavits mentioned hereinafter in this section and obtain an orde…
La. Rev. Stat. § 13:4530 Election contests and suits involving right to office; responsibility for costs
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§4530. Election contests and suits involving right to office; responsibility for costs In every suit, having for its object the contest of the election of any district judge, clerk of the district court, sheriff, coroner, justice of the peace, and any other state or parish office…
La. Rev. Stat. § 13:4531 Costs on appeal; parties liable
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§4531. Costs on appeal; parties liable In all cases of appeal to the Supreme Court the party appellant shall be primarily liable for all costs occasioned by the appeal. The party plaintiff, if appellee, shall never be called on to pay the costs unless he is condemned therefor by …
La. Rev. Stat. § 13:4532 Delivery of transcript not required until fees paid
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§4532. Delivery of transcript not required until fees paid The clerk of the court from which an appeal is taken is not required to deliver the transcript of the record of the case before his fees for preparing the same have been paid.
La. Rev. Stat. § 13:4533 Costs of officers, depositions, etc., taxed as costs
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§4533. Costs of officers, depositions, etc., taxed as costs The costs of the clerk, sheriff, witness' fees, costs of taking depositions and copies of acts used on the trial, and all other costs allowed by the court, shall be taxed as costs.
La. Rev. Stat. § 13:4534 No charge for issuance, service, or execution of process defective through clerk's error
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§4534. No charge for issuance, service, or execution of process defective through clerk's error No clerk of a court may charge for the issuance of any citation, writ, mandate, summons, subpoena, order, or other process of the court which is invalid as the result of an error or om…
La. Rev. Stat. § 13:4571 §§4571 to 4580 Repealed by Acts 1960, No
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§4571. §§4571 to 4580 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
La. Rev. Stat. § 13:4581 State, state agencies, political subdivisions, and public boards and commissions not required to furnish bond; Louisiana Citizens Property Insurance Corporation
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§4581. State, state agencies, political subdivisions, and public boards and commissions not required to furnish bond; Louisiana Citizens Property Insurance Corporation The state, state agencies, political subdivisions, parish, and municipal boards or commissions exercising public…
La. Rev. Stat. § 13:46 Duties and functions
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§46. Duties and functions A. The commission shall make a study of the salaries payable to judges. B. The commission shall submit its recommendations concerning judges' salaries to the legislature sixty days prior to the commencement of any regular session of the legislature in an…
La. Rev. Stat. § 13:4611 Punishment for contempt of court; defenses
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§4611. Punishment for contempt of court; defenses Except as otherwise provided for by law: (1) The supreme court, the courts of appeal, the district courts, family courts, juvenile courts and the city courts may punish a person adjudged guilty of a contempt of court therein, as f…
La. Rev. Stat. § 13:4612 Repealed by Acts 1960, No
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§4612. Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
La. Rev. Stat. § 13:4681 Withdrawal of district court records
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§4681. Withdrawal of district court records It is unlawful to withdraw from any district court the record, or any part thereof, of any civil or criminal proceeding heretofore or hereafter filed in such court, except as may be allowed to attorneys or parties interested in any caus…
La. Rev. Stat. § 13:4682 Preservation of duplicate file of transcripts of cases finally disposed of by Supreme Court; designation of Louisiana State University Law Library as depository; destruction of certain records
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§4682. Preservation of duplicate file of transcripts of cases finally disposed of by Supreme Court; designation of Louisiana State University Law Library as depository; destruction of certain records A. Effective August 15, 2010, the Louisiana State University Law Library shall c…
La. Rev. Stat. § 13:4683 Same; delivery to depository of copy of brief and transcript; recall
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§4683. Same; delivery to depository of copy of brief and transcript; recall The clerk of the supreme court is directed to deliver to the Law Library of the Louisiana State University, the depository designated in R.S. 13:4682, a copy of each brief filed in the supreme court, and …