Title 13, Courts and Judicial Procedure
0 chapters · 2,055 sections in this title.
La. Rev. Stat. § 13:4826 Same; return of report; exceptions
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§4826. Same; return of report; exceptions The special commissioner, as soon as his report is completed, shall file it with the clerk, and the day of the filing shall be entered by the clerk in the appropriate docket book. The parties shall have ten days from the time of the filin…
La. Rev. Stat. § 13:4827 Same; costs on exceptions
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§4827. Same; costs on exceptions To prevent exceptions to reports from being filed, from fraudulent causes or from mere delay, the parties whose exceptions are overruled for every exception overruled shall pay costs for the mass and for every exception allowed shall be entitled t…
La. Rev. Stat. § 13:4861 State or political subdivision; right of action for discovery and investigation
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§4861. State or political subdivision; right of action for discovery and investigation The State of Louisiana and any parish, municipal or political corporation, board, commission or public body created by or under the constitution or laws of this state shall have a right of acti…
La. Rev. Stat. § 13:4862 Attorney General's power to bring action
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§4862. Attorney General's power to bring action The Attorney General may proceed in an action for discovery and investigation by the state or by any parish, municipal or political corporation, board, commission or public body created by or under the constitution or laws of this s…
La. Rev. Stat. § 13:4863 Jurisdiction
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§4863. Jurisdiction The action shall be brought in a court which would have jurisdiction of an action by the plaintiff against the defendant for recovery of an amount in excess of five hundred dollars, exclusive of interest and costs, or property, rights or other relief of the na…
La. Rev. Stat. § 13:4864 Petition; exception
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§4864. Petition; exception A. The plaintiff's petition must set out: (1) The name and the domicile of the defendant. (2) That the plaintiff probably has a right of action against the defendant or the defendants jointly in solido for an amount in excess of five hundred dollars, ex…
La. Rev. Stat. § 13:4865 Taking of testimony; hearings and continuances
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§4865. Taking of testimony; hearings and continuances After the pleading is settled as provided in R.S. 13:4864 the plaintiff may apply to the court by motion for an order fixing a certain time at which testimony may be taken. A certified copy of this motion and the order thereon…
La. Rev. Stat. § 13:4866 Examination of witnesses
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§4866. Examination of witnesses The plaintiff may cause summons to issue to the defendant, if a natural person, or to any officer of a defendant corporation, or to any person not a defendant residing in the parish where the action is pending, to appear as a witness at any time fi…
La. Rev. Stat. § 13:4867 Taking testimony on interrogatories or under commission
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§4867. Taking testimony on interrogatories or under commission The plaintiff may apply to the court by motion for authority to take the testimony of the defendant or of any other person residing outside the parish in which the action is pending, or residing in the parish physical…
La. Rev. Stat. § 13:4868 Transcription of testimony
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§4868. Transcription of testimony The official court reporter, regularly or specially employed, shall take and transcribe the testimony taken in court, and the officer before whom testimony is taken under commission shall either take and transcribe the testimony or have it taken …
La. Rev. Stat. § 13:4869 Motion for court order to produce documents; listing of documents; inspection; objections
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§4869. Motion for court order to produce documents; listing of documents; inspection; objections Irrespective of the right to apply for subpoena duces tecum, the plaintiff may apply to the court by motion for an order that the defendant or any other party file within the time to …
La. Rev. Stat. § 13:4870 Subpoena duces tecum
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§4870. Subpoena duces tecum Irrespective of the right to apply for an order that a sworn list of documents be filed, the plaintiff may apply to the court by motion for an order that a subpoena duces tecum issue, directed to the defendant or any other party and requiring him to pr…
La. Rev. Stat. § 13:4871 Relevancy only ground of objection to evidence or production of documents
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§4871. Relevancy only ground of objection to evidence or production of documents The sole ground on which the defendant may object to any question asked him or any other party as a witness, or to the introduction in evidence of any document, or to the production in court or to th…
La. Rev. Stat. § 13:4872 Admission or denial of genuineness
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§4872. Admission or denial of genuineness The plaintiff may require the defendant to admit or deny the genuineness of any document which is produced, independently or in connection with the testimony of any witness, or which is listed by a party not a defendant in pursuance of R.…
La. Rev. Stat. § 13:4873 Documents; withdrawal from record
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§4873. Documents; withdrawal from record The plaintiff may apply to the court by motion for an order permitting it to withdraw all or any part of the record in an action for the time to be specified in the order, upon leaving with the clerk a signed list of the documents so withd…
La. Rev. Stat. § 13:4874 Willful failure or refusal to appear or testify; penalty
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§4874. Willful failure or refusal to appear or testify; penalty If any party shall wilfully refuse or fail to appear as a witness, or, having appeared, shall wilfully refuse or fail to testify or to answer any question asked him, except on the ground that his answer would tend to…
La. Rev. Stat. § 13:4875 Costs and expenses
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§4875. Costs and expenses Both the plaintiff and the defendant in an action for discovery and investigation shall be dispensed from paying the costs of court, except that for taking and transcribing testimony in courts whose official stenographers do not receive salaries and befo…
La. Rev. Stat. § 13:49 Salary as recommended by the Judicial Compensation Commission
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§49. 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, courts of appeal, and district court judges shall be in…
La. Rev. Stat. § 13:4911 §§4911 to 4926 Repealed by Acts 1960, No
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§4911. §§4911 to 4926 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
La. Rev. Stat. § 13:4941 Purchasers who may protect themselves from eviction by monition
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§4941. Purchasers who may protect themselves from eviction by monition The purchasers of property at sheriffs' sales, those made by authority of the court, those made by the syndics of insolvent estates, and finally those of any description which are made by the authority of just…
La. Rev. Stat. § 13:4942 Publication of monition; contents
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§4942. Publication of monition; contents The purchasers shall publish a monition calling on all persons who can set up any right to the property, in consequence of informality in any order, decree or judgment of the court, under which the sale was made, or any irregularity or ill…
La. Rev. Stat. § 13:4943 Contents of monition; description of property
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§4943. Contents of monition; description of property This monition shall state the judicial authority under which the sale took place, and shall also contain the same description of the property purchased as that given in the judicial conveyance to the buyer, and shall further de…
La. Rev. Stat. § 13:4944 Grant of monition
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§4944. Grant of monition The clerks of the respective courts from which the orders, decrees or judgments may have issued, and in virtue of which the sales ought to be homologated, which have been made, shall, on application of the buyer, grant this monition in the name of the sta…
La. Rev. Stat. § 13:4945 Judgment confirming or annulling sale
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§4945. Judgment confirming or annulling sale At the expiration of the thirty days, the party obtaining the monition may apply to the judge of the court, out of which the monition is issued, to confirm and homologate the sale, and the judge in case no cause is shown against the pr…
La. Rev. Stat. § 13:4946 Conclusiveness of judgment
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§4946. Conclusiveness of judgment The judgment of the court, on the monition provided in R.S. 13:4945 shall be in itself conclusive evidence that the monition has been regularly made and duly advertised, nor shall any evidence be received thereafter to contradict the same, or to …
La. Rev. Stat. § 13:4947 Judgment as res judicata; bar of claims; conclusive proof
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§4947. Judgment as res judicata; bar of claims; conclusive proof The judgment of the court, confirming and homologating the sale, shall have the force of res judicata, and operate as a complete bar against all persons, whether of age or minors, whether present or absent, who may …
La. Rev. Stat. § 13:4948 Sale not validated when party not duly cited; recourse by minors on tutors
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§4948. Sale not validated when party not duly cited; recourse by minors on tutors Nothing contained in R.S. 13:4941 through 13:4951 shall be taken or understood so as to render valid any sale made in virtue of a judgment when the party cast was not duly cited to make defense. In …
La. Rev. Stat. § 13:4949 Costs
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§4949. Costs Where no opposition is made to the confirmation of the sale, the cost of attending the proceeding shall be paid by the party who prays for the monition. Where opposition is made, the costs shall be borne by the party against whom judgment is rendered.
La. Rev. Stat. § 13:4950 Time for payment by purchaser
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§4950. Time for payment by purchaser Nothing contained in R.S. 13:4941 through 13:4951 shall be construed or understood to authorize the purchaser at a judicial sale to refuse carrying the same into effect, or to delay the payment of the price for a greater space of time than is …
La. Rev. Stat. § 13:4951 Repealed by Acts 2008, No
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§4951. Repealed by Acts 2008, No. 819, §2, eff. Jan. 1, 2009.
La. Rev. Stat. § 13:4971 §§4971 to 4984 Repealed by Acts 1960, No
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§4971. §§4971 to 4984 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
La. Rev. Stat. § 13:4985 Nonjoinder of co-owners
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§4985. Nonjoinder of co-owners Where real property is partitioned, either in kind or by licitation, by either judicial or conventional partition the fact that one or more co-owners are not parties thereto shall not affect the validity of such partition as to the co-owners who are…
La. Rev. Stat. § 13:4986 Application of provisions
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§4986. Application of provisions R.S. 13:4985 through R.S. 13:4990 shall affect partitions heretofore or hereafter effected; provided that any co-owner of real property heretofore partitioned or his heirs or assigns, where one or more co-owners were not parties, shall have a peri…
La. Rev. Stat. § 13:4987 Definitions
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§4987. Definitions The term "co-owner" as used in R.S. 13:4985 through R.S. 13:4990 is defined as the owner of any interest in the real property partitioned or any interest affecting such real property which renders such co-owner a proper party to a partition thereof. Acts 1952, …
La. Rev. Stat. § 13:4988 Parties affected
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§4988. Parties affected The provisions of R.S. 13:4985 through R.S. 13:4990 shall be effective as to all parties including absentees, minors, and interdicts. Acts 1952, No. 403, §4.
La. Rev. Stat. § 13:4989 Compulsory joinder of co-owner
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§4989. Compulsory joinder of co-owner Nothing in R.S. 13:4985 through R.S. 13:4990 shall prevent any court in any judicial proceeding in which real property is sought to be partitioned, upon proper motion or exception, from ordering that any co-owner not then a party be joined as…
La. Rev. Stat. § 13:4990 Diligence in locating co-owners; known co-owners made parties
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§4990. Diligence in locating co-owners; known co-owners made parties In any judicial proceeding in which real property is sought to be partitioned upon the trial of the cause on the merits or upon rendition of a default judgment therein, due proof shall be made of a diligent effo…
La. Rev. Stat. § 13:4991 Repealed by Acts 1960, No
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§4991. Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
La. Rev. Stat. § 13:5 Ancillary office of each of the clerks of court; recorder of mortgages and register of conveyances and office of notarial archives for the parish of Orleans, periods of declared state of emergency or
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§5. Ancillary office of each of the clerks of court; recorder of mortgages and register of conveyances and office of notarial archives for the parish of Orleans, periods of declared state of emergency or disaster During the period in which the governor has declared a state of eme…
La. Rev. Stat. § 13:50 Salary as recommended by the Judicial Compensation Commission
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§50. Salary as recommended by the Judicial Compensation Commission Pursuant to the Judicial Compensation Commission's report dated January 9, 2018: (1) Subject to the provisions of Paragraph (3) of this Section, the actual salary of the judges of the supreme court, courts of appe…
La. Rev. Stat. § 13:5001 Suits for removal of judges of courts of appeal, district courts, or city courts for parish of Orleans
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§5001. Suits for removal of judges of courts of appeal, district courts, or city courts for parish of Orleans Suits for the removal from office of any judge of a court of record for any of the causes specified in Article 9, Sec. 1 of the Louisiana Constitution of 1921 shall be br…
La. Rev. Stat. § 13:5002 Employment of counsel to aid state's attorney
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§5002. Employment of counsel to aid state's attorney The citizens and taxpayers, at whose request the suit is instituted, at their own exclusive cost, may employ counsel to aid the state's attorney in instituting and conducting the suit. Amended by Acts 1952, No. 127, §3.
La. Rev. Stat. § 13:5003 Powers of Supreme Court
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§5003. Powers of Supreme Court The Supreme Court, in the exercise of its original jurisdiction in such cases, may grant all orders and may issue and may cause to be issued all writs, summons, warrants, commissions and all other process that may be necessary to secure a fair heari…
La. Rev. Stat. § 13:5004 Personal appearance of defendant judge
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§5004. Personal appearance of defendant judge The Supreme Court, in all such cases, when the incompetency of the defendant judge, arising out of want of sufficient learning, or mental incapacity, shall be at issue, may cause such defendant, on its own motion, or on that of any pa…
La. Rev. Stat. § 13:5005 Summary trial; motions for new trial; when judgment effective and executory
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§5005. Summary trial; motions for new trial; when judgment effective and executory All such suits shall be summary in their nature, and shall be tried without the intervention of a jury. Either party thereto may make motions for new trials, in the same manner and form and on the …
La. Rev. Stat. § 13:5006 Costs
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§5006. Costs In all such cases the defendant judge shall be condemned to pay the costs, if judgment be rendered against him; otherwise judgment for costs shall be rendered as provided in the rules of the Supreme Court.
La. Rev. Stat. § 13:501 Continuous sessions in districts of one parish
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§501. Continuous sessions in districts of one parish A. In districts composed of one parish, the judge shall hold court during ten months of the year and the session shall be continuous, Sundays and legal holidays excepted, for the trial of civil and criminal cases and dispositio…
La. Rev. Stat. § 13:502 Alternate sittings in different parishes; order fixing dates
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§502. Alternate sittings in different parishes; order fixing dates A. In districts composed of more than one parish the judge shall sit alternately in each parish and the session from one parish to the other, shall be continuous. No session in any parish of a district shall be fi…
La. Rev. Stat. § 13:503 Court always open
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§503. Court always open Article 7, §43 of the constitution means that district courts shall be open always and the proceedings shall be deemed held in open court, while the judge is on the bench. The fixing of sessions in districts composed of more than one parish shall not affec…
La. Rev. Stat. § 13:5031 Proceedings for determination or collection of tax, license, interest, penalty or attorney's fee; summary nature; by preference
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§5031. Proceedings for determination or collection of tax, license, interest, penalty or attorney's fee; summary nature; by preference All proceedings, whether original or by intervention or third opposition, or otherwise, brought by or on behalf of the state, or by or on behalf …