Title 13, Courts and Judicial Procedure

§4684. Same; clerk to turn over duplicate copies to law library The clerk of the supreme court is further directed to turn over to the Law Library of the Louisiana State University, a depository, any duplicate copies of each transcript and brief in the files of the supreme court …

§4685. Construction of R.S. 13:4682 through 13:4685; intention Nothing herein contained shall be so construed as to hamper the supreme court in the performance of its judicial functions, it being the sole purpose and intention of R.S. 13:4682 through 13:4685 to provide for the pr…

§4686. Preservation of documents and records of the courts of appeal; destruction of certain records A. Effective August 15, 2010, the Louisiana State University Law Library shall cease to serve as the depository for duplicate copies of transcripts and briefs of cases finally dis…

§4687. Divorce proceedings; confidential status of pleadings and testimony upon reconciliation A. Whenever the parties to a divorce proceeding shall effect a reconciliation and resume marital life together prior to rendition of judgment on the merits in the district court, and th…

§4688. Repealed by Acts 2024, No. 15, §1, eff. May 8, 2024.

§47. Legislative authority for judicial salaries Any increase in salaries may be enacted by the legislature only after submission of the aforesaid report and must be approved by a favorable vote of the majority of the elected members of each house, whether in an odd-numbered or e…

§471. Scope of Chapter 4 The provisions of R.S. 13:472 through 13:967 inclusive shall not apply to the district courts of Orleans parish, except as provided in Title 13, Chapter 5. Acts 2006, No. 621, §2, eff. Jan. 1, 2009; Acts 2008, No. 873, §1, eff. July 9, 2008; Acts 2012, No…

§4711. Definitions; right to enjoin; abatement A. For the purposes of this Subpart, the following terms shall have the following definitions: (1) "Maintenance of a nuisance" means to conduct, carry on, or knowingly permit to exist on one's premises a prohibited activity as define…

§4712. Right to petition for injunction or order of abatement The issuance of an injunction or order of abatement pursuant to this Subpart may be petitioned for by the following parties: the attorney general of the state of Louisiana, in the name of the state and of the respectiv…

§4713. Injunction proceedings; procedure A.(1) Application for injunctive relief afforded by this Section shall be by petition. A petition establishes a rebuttable presumption of prohibited activity if it identifies and supports by competent evidence two or more instances of proh…

§4714. Violations of injunction; punishment A violation of the provisions of an injunction issued in a cause instituted under the provisions of this Subpart shall constitute a contempt of court. A person found guilty of such contempt shall be punished by a fine of not less than o…

§4715. Order of abatement A. If it is established in an action under the provisions of this Subpart that maintenance of a nuisance exists and that the owner knew of its existence, an order of abatement may be entered as part of the judgment rendered in the case. The order of abat…

§4716. Release of property and discontinuance of action upon giving of bond; violations A. If, after an order of abatement has been entered, the owner appears and pays all costs of the proceeding and files a bond with surety or sureties, bond in solido, to be approved by the cler…

§4717. Repealed by Acts 1974, No. 278, §1

§472. Rules for the conduct of business Each district court may adopt rules for the conduct of business before it. These rules shall be entered in the minutes of the court and published in the manner which the court deems most effective and practicable.

§4721. Gambling houses; definition; declared public nuisances A. For the purposes of this Subpart, or for the purposes of any action or prosecution in this Section, a gambling house is either: (1) Any place whatsoever where any game of chance of any kind or character is played fo…

§4722. Abatement of nuisances; right to maintain action The district attorney, in the name and on behalf of the parish and without the payment of any costs, the sheriff or the parish governing authority through its parish attorney or other designated representative, in the name o…

§4723. Action against owner of property; right to implead persons actually responsible When the name of the lessees, tenants, or other occupants of any gambling house as defined in R.S. 13:4721 is not known, the action to abate the nuisance created shall be brought against the pe…

§4724. Procedure for injunction to abate nuisance; appeal; attendance of witnesses All actions brought under this Sub-part shall be tried in the following manner: (1) Upon the filing of any suit the district judge, whether in term or vacation, shall immediately issue a rule on th…

§4725. Contempt of court; penalty The violation of any judgment, interlocutory order or decree, injunction or restraining order, issued in any cause under this Sub-part shall constitute contempt of court; and the maintenance or operation of a nuisance as defined in R.S. 13:4721 b…

§4726. Fine for contempt lien on property Any fine for contempt levied against any owner of a place defined as a nuisance in R.S. 13:4721 or against any officer of a corporation which is the owner thereof, or against any lessee, tenant, or occupant, shall constitute and become a …

§4727. Head of corporation; liability Where a gambling house as defined in R.S. 13:4721 is owned by a corporation, the president or executive head thereof shall be as fully amenable to the provisions of this Sub-part and the penalties hereunder as though such president or executi…

§473. Dockets Each court shall keep a criminal and civil docket.

§4731. Alimony for support from children or grandchildren; summary proceedings; award When any person is in necessitous circumstances, that person may demand from his or her children or grandchildren alimony for support, and proceedings for that purpose may be instituted in any d…

§4732. Execution on judgment For any judgment rendered in accordance with R.S. 13:4731 through 13:4733, execution may issue as in ordinary cases, but all property shall be liable thereto and none exempt therefrom and payment of the amount due may be enforced by the court by the p…

§4733. Additional to other rights Nothing contained in R.S. 13:4731 through 13:4733 shall affect any other rights that parents or their ascendants may have against their children, or other descendants, but shall be in addition thereto.

§474. Registry of the district court; designation The district judges shall designate in each of the parishes in their respective judicial districts, the fiscal agent of each parish in his district, the parish of Orleans excepted, as a depository of any and all monies, stocks, bo…

§474.1. Repealed by Acts 2012, No. 474, §4.

§4741. Proceeding by parish, municipality, etc.; approval by State Bond and Tax Board No petition in relation to any plan for the readjustment of its debts by any parish, municipality, political subdivision, public board or public corporation, taxing district, or other agency of …

§475. Same; record of registry of court A. The clerk of court shall keep in the clerk's office of each parish, a book substantially bound and known as record of the registry of the court in and for the parish and district concerned. There shall be recorded therein and properly in…

§4751. Petition for name change; adults; minors A. The name of a person may be changed as provided in this Section. B. Whenever any person who has attained the age of majority desires to change his name, he shall present a petition to the district court of the parish of his resid…

§4752. Representation of state; service The proceedings shall be carried on contradictorily with the district attorney or district attorney pro tem of the parish in which the application is made, who shall represent the state, and who shall be served with a copy of the petition a…

§4753. Hearing and determination The judge to whom the application is made, either in open court or in chambers, may proceed to hear and determine the case and render such judgment as the nature of the relief and the law and the evidence shall justify.

§4754. Judgment; true and lawful name; altering birth record A. If the prayer of the applicant is granted, judgment shall be rendered granting the change of name desired, which shall be the true and lawful name of the party asking the change after the recordation of the judgment …

§4755. Payment of cost The applicant in all cases shall pay the cost of the proceedings.

§476. Same; deposit made in registry of court; manner of making; receipt; withdrawal Whenever under a judgment or order of the district judge, or by a court of superior jurisdiction, any of the things set forth in R.S. 13:474 as belonging to minors, interdicts, absentees or perso…

§477. Judicial districts There shall be forty-one judicial districts in the state and each district shall be composed as follows: (1) The parish of Caddo shall compose the First District. The First District shall consist of three election sections. Election section one shall cons…

§4791. Trial of cases for violation of rights guaranteed by constitution All cases brought for the purpose of vindicating, asserting or maintaining the rights, privileges and immunities guaranteed to all persons under the provisions of Article 1, §13 of the Constitution of Louisi…

§4792. Decision by judge when jury fail to render verdict If the jury do not agree, or fail to render a verdict either for the plaintiff or defendant, the jury shall be discharged, and the case shall be immediately submitted to the judge upon the pleadings and evidence already on…

§48. Salary as recommended by the Judicial Compensation Commission Notwithstanding any other provision of law to the contrary, and subject to an annual appropriation for such purposes, the actual salary of the supreme court, court of appeal, and district court judges shall be inc…

§4811. §§4811 to 4816 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961

§4817. Checks depositing funds continuously accruing Supplemental deposits of funds continuously accruing, as provided in Article 4658 of the Code of Civil Procedure, may be made in the same manner as the initial deposit, except that when made by checks the latter need not be cer…

§4818. Concursus proceedings in the city of New Orleans; reference to special commissioner Immediately upon issue being joined all concursus proceedings in the city of New Orleans may be referred by the court to a special commissioner to examine and report thereon as to the law a…

§4819. Same; qualifications of special commissioner The special commissioner appointed under the authority of R.S. 13:4818 through 13:4827 shall be learned in the law and shall have practiced law or shall have held judicial position in this state for five years, and shall have be…

§4820. Same; powers of special commissioner The special commissioner appointed under the authority of R.S. 13:4818 through 13:4827 may examine the parties in the cause, may examine on oath viva voce all witnesses produced by the parties before them and may order the examination o…

§4821. Same; hearings Upon every reference, the special commissioner shall appoint a time and place for the hearing of the proceedings, and give due notice thereof to each of the parties or their attorneys and anyone interested. The special commissioner may proceed, co-operate, o…

§4822. Same; contents of report In the reports made by the special commissioner to the court, no part of any statement of facts, charge, affidavit, deposition or answer brought in or used before him shall be stated or recited but such statement of facts, charge, affidavit, deposi…

§4823. Same; attendance of witnesses Witnesses who live in the parish or within one hundred miles of the place where the court is held, upon due notice to the opposite parties, may be summoned to appear before the special commissioner by subpoena in the usual form issued by the c…

§4824. Same; use of affidavits, depositions and documents All affidavits, depositions and documents which have been previously made, heard or used in court upon any proceedings in any case or matter, may be used before the commissioner.

§4825. Same; compensation of special commissioner The compensation allowed the special commissioner under R.S. 13:4818 through 13:4827 for his services, shall be fixed by the court in its discretion, having regard to all the circumstances thereof, and the compensation shall be ch…