Title 13, Courts and Judicial Procedure
0 chapters · 2,055 sections in this title.
La. Rev. Stat. § 13:5032 Same; defenses; continuances
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§5032. Same; defenses; continuances All defenses, whether by exception or to the merits, made or intended to be made to any such claim, must be presented at one time and filed in the court of original jurisdiction prior to the time fixed for the hearing, and no court shall consid…
La. Rev. Stat. § 13:5033 Same; decisions within forty-eight hours; suspensive appeals
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§5033. Same; decisions within forty-eight hours; suspensive appeals All matters involving any such claim shall be decided within forty-eight hours after submission, whether in term time or in vacation, and whether in the court of first instance or in an appellate court. All judgm…
La. Rev. Stat. § 13:5034 Same; prima facie case; burden of proof
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§5034. Same; prima facie case; burden of proof Whenever the pleadings filed on behalf of the state, or on behalf of any of its officers charged with the duty of collecting any tax, excise, license, interest, penalty or attorney's fees, shall be accompanied by an affidavit of the …
La. Rev. Stat. § 13:5035 Suits for trespass, damages or possession of real property; summary trial; special jury panel
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§5035. Suits for trespass, damages or possession of real property; summary trial; special jury panel All suits for trespass, for damages, or for possession of real property, filed by the state against any person, firm or corporation, and all matters incidental thereto shall be he…
La. Rev. Stat. § 13:5036 Suits for protection of state's interests and rights; institution and prosecution by attorney general; costs; bond
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§5036. Suits for protection of state's interests and rights; institution and prosecution by attorney general; costs; bond The attorney general may institute and prosecute any and all suits he may deem necessary for the protection of the interests and rights of the state. No court…
La. Rev. Stat. § 13:5037 Security for costs not required of defendant
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§5037. Security for costs not required of defendant The defendant shall not be required to give security for costs, or to advance costs in any case in which suit is brought by the state.
La. Rev. Stat. § 13:5061 Findings and purpose
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§5061. Findings and purpose The Legislature of Louisiana hereby finds and declares that: (1) Cigarette smoking presents serious public health concerns to the state and to the citizens of this state. The surgeon general has determined that smoking causes lung cancer, heart disease…
La. Rev. Stat. § 13:5062 Definitions
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§5062. Definitions As used in this Part, the following words and phrases shall have the following meanings ascribed to them: (1) "Adjusted for inflation" means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreem…
La. Rev. Stat. § 13:5063 Requirements
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§5063. Requirements A. Any tobacco product manufacturer selling cigarettes to consumers within the state, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, after July 1, 1999, shall comply with either Subsection B or C of this Section…
La. Rev. Stat. § 13:5071 Findings and purpose
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§5071. Findings and purpose The Legislature of Louisiana finds that violations of R.S. 13:5061 et seq., threaten the integrity of the tobacco Master Settlement Agreement, the fiscal soundness of the state, and the public health. The legislature finds that enacting procedural enha…
La. Rev. Stat. § 13:5072 Definitions
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§5072. Definitions As used in this Part, the following words and phrases shall have the following meanings ascribed to them: (1) "Brand family" means all styles of cigarettes sold under the same trade mark and differentiated from one another by means of additional modifiers or de…
La. Rev. Stat. § 13:5073 Certifications; directory; tax stamps
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§5073. Certifications; directory; tax stamps A.(1) Every tobacco product manufacturer whose cigarettes are sold in this state, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, shall execute and deliver on a form prescribed by the att…
La. Rev. Stat. § 13:5074 Agent for service of process
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§5074. Agent for service of process A. Any nonresident or foreign nonparticipating manufacturer that has not registered to do business in the state as a foreign corporation or business entity shall, as a condition precedent to having its brand families included or retained in the…
La. Rev. Stat. § 13:5075 Reporting of information; escrow installments
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§5075. Reporting of information; escrow installments A. Not later than twenty calendar days after the end of each calendar month, and more frequently if so directed by the secretary or the attorney general, each stamping agent shall submit such information as the secretary and at…
La. Rev. Stat. § 13:5076 Penalties; other remedies
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§5076. Penalties; other remedies A. In addition to or in lieu of any other civil or criminal remedy provided by law, upon a determination that a stamping agent has violated R.S. 13:5073(C) or any regulation adopted pursuant to this Part, the secretary may revoke or suspend the li…
La. Rev. Stat. § 13:5077 Miscellaneous provisions
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§5077. Miscellaneous provisions A.(1) The attorney general shall provide a notice of removal to any manufacturer that it determines should be removed or have any of its brand families removed from the state directory. The notice shall state the grounds for the removal and inform …
La. Rev. Stat. § 13:5078 Bond
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§5078. Bond A. All nonparticipating manufacturers shall post a bond or its cash equivalent for the benefit of the state that is subject to execution under Subsection C of this Section. The bond shall be posted by corporate surety located within the United States or the cash equiv…
La. Rev. Stat. § 13:5081 Taking testimony in action; procedure
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§5081. Taking testimony in action; procedure The Attorney General, or any district attorney, acting under the direction of the former, or of the governor, shall begin any action to enforce the laws respecting monopolies, combinations or conspiracies in restraint of trade, commerc…
La. Rev. Stat. § 13:5082 Duty to produce books, papers and documents; when facts taken as confessed
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§5082. Duty to produce books, papers and documents; when facts taken as confessed Whenever any defendant against whom suit has been filed in accordance with R.S. 13:5081 is notified properly that any of the books, papers, or documents belonging to the defendant corporation, joint…
La. Rev. Stat. § 13:5083 Duties of attorneys of record to produce persons or evidence
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§5083. Duties of attorneys of record to produce persons or evidence Whenever any attorney of record, or officer, or agent of any corporation or joint stock association or of any copartnership or individual proceeded against, is notified that any officer, director, agent or employ…
La. Rev. Stat. § 13:5084 Compensation of witnesses, costs
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§5084. Compensation of witnesses, costs Any witness attending any proceeding provided for in R.S. 13:5083 in compliance with any notice or subpoena issued by authority of R.S. 13:5081 through 13:5090 shall receive as compensation one dollar per day for each day of his attendance,…
La. Rev. Stat. § 13:5085 Special commissioners; appointment; powers; oath; compensation
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§5085. Special commissioners; appointment; powers; oath; compensation A. Any court, or presiding judge thereof, in which any proceeding as provided in R.S. 13:5081 through 13:5090 is pending at any time, upon application therefor, made by the Attorney General, or district attorne…
La. Rev. Stat. § 13:5086 Notice to witness to testify or produce documents; time; service of notice
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§5086. Notice to witness to testify or produce documents; time; service of notice When any notice is issued and served as provided for in R.S. 13:5081 through 13:5090, ten full days exclusive of the day of service shall elapse before any witness so requested shall be compelled to…
La. Rev. Stat. § 13:5087 Facts declared to be evidence tending to establish monopoly
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§5087. Facts declared to be evidence tending to establish monopoly The fact that any corporation doing business in this state and in other states and engaged in this state and in other states in buying the products of such states in any market thereof, is systematically and witho…
La. Rev. Stat. § 13:5088 Injunction
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§5088. Injunction Where a case is presented under R.S. 13:5087, the judge before whom the action is pending, may issue on proper showing by rule, an injunction, without bond, restraining the defendant from continuing such practices until the termination of the suit, or from destr…
La. Rev. Stat. § 13:5089 Seizure of books and papers
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§5089. Seizure of books and papers In any proceeding brought under R.S. 13:5081 through 13:5088, the judge, if it be shown upon a summary trial by rule that there is grave danger that the defendant will conceal or destroy its books and records, may issue without exacting bond, an…
La. Rev. Stat. § 13:5090 Decree and evidence admissible in other cases when facts in issue
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§5090. Decree and evidence admissible in other cases when facts in issue Where a decree is entered against a defendant in any proceeding under R.S. 13:5081 through 13:5089, such decree and any and all evidence of facts found by the court in support of the decree shall be admissib…
La. Rev. Stat. § 13:51 Salary as recommended by the Judicial Compensation Commission
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§51. Salary as recommended by the Judicial Compensation Commission A.(1) The supplement paid pursuant to and authorized by Section 5 of Act 390 of the 2025 Regular Session of the Legislature shall terminate on June 30, 2026, but shall be continued as a cost of living adjustment t…
La. Rev. Stat. § 13:5101 Title and application
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§5101. Title and application A. This Part shall be known and may be cited as the "Louisiana Governmental Claims Act". B. This Part applies to any suit in contract or for injury to person or property against the state, a state agency, an officer or employee of the state or a state…
La. Rev. Stat. § 13:5102 Definitions
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§5102. Definitions A. As used in this Part, "state agency" means any board, commission, department, agency, special district, authority, or other entity of the state and, as used in R.S. 13:5106, any nonpublic, nonprofit agency, person, firm, or corporation which has qualified wi…
La. Rev. Stat. § 13:5103 Determination of procedural questions
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§5103. Determination of procedural questions All procedural questions arising in suits on claims against the state, state agencies, or political subdivisions shall be determined, except as the contrary is specified in this Part, in accordance with the rules of law applicable to s…
La. Rev. Stat. § 13:5104 Venue
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§5104. Venue A. All suits filed against the state of Louisiana or any state agency or against an officer or employee of the state or state agency for conduct arising out of the discharge of his official duties or within the course and scope of his employment shall be instituted b…
La. Rev. Stat. § 13:5105 Jury trial prohibited; demand for trial; costs
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§5105. Jury trial prohibited; demand for trial; costs A. No suit against a political subdivision of the state shall be tried by jury. Except upon a demand for jury trial timely filed in accordance with law by the state or a state agency or the plaintiff in a lawsuit against the s…
La. Rev. Stat. § 13:5106 Limitations
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§5106. Limitations A. No suit against the state or a state agency or political subdivision shall be instituted in any court other than a Louisiana state court. B.(1) The total liability of the state and political subdivisions for all damages for personal injury to any one person,…
La. Rev. Stat. § 13:5107 Service of citation and process
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§5107. Service of citation and process A.(1) In all suits filed against the state of Louisiana or a state agency, citation and service may be obtained by citation and service on the attorney general of Louisiana, or on any employee in his office above the age of sixteen years, or…
La. Rev. Stat. § 13:5108 Prescription, immunity; pleas
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§5108. Prescription, immunity; pleas The defendant in any suit filed against the state of Louisiana, a state agency or a political subdivision of the state shall not be entitled to file a plea of prescription or peremption barring such suit or the liability of the entity institut…
La. Rev. Stat. § 13:5108.1 Indemnification of officers and employees of the state; civil rights; representation by attorney general
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§5108.1. Indemnification of officers and employees of the state; civil rights; representation by attorney general A. Indemnification. (1) The state shall defend and indemnify a covered individual against any claim, demand, suit, complaint, or petition seeking damages filed in any…
La. Rev. Stat. § 13:5108.2 2 eff
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§5108.2 eff. until Oct. 1, 2027. See Acts 2025, No. 477. §5108.2. Child protective services workers; legal defense The Department of Justice shall provide any worker of the child protection services division of the office of children and family services of the Department of Child…
La. Rev. Stat. § 13:5108.3 Defense fees and expenses; payment upon acquittal, dismissal, or favorable judgment; special appropriation
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§5108.3. Defense fees and expenses; payment upon acquittal, dismissal, or favorable judgment; special appropriation A. Notwithstanding any other provision of this Part, payment or reimbursement of payment of any legal fees and expenses associated with the defense of any official,…
La. Rev. Stat. § 13:5108.4 Attorney Fee Review Board
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§5108.4. Attorney Fee Review Board A. The Attorney Fee Review Board, hereinafter "the board", is hereby established to review and set the hourly rates for legal fees for which the state may be liable pursuant to R.S. 13:5108.3. The board shall consist of all of the following memb…
La. Rev. Stat. § 13:5109 Authority to compromise; judgment; notice of judgment; payments
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§5109. Authority to compromise; judgment; notice of judgment; payments A. In any suit filed against the state of Louisiana, a state officer, a state agency, a local public official or a political subdivision, the defendant, or the proper representative thereof, upon the advice an…
La. Rev. Stat. § 13:5109.1 Settlement of claims; prohibited terms
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§5109.1. Settlement of claims; prohibited terms A. No settlement agreement of a claim against the state, a state agency, a political subdivision, or any employee or officer of the state, a state agency, or a political subdivision shall contain a provision prohibiting the disclosu…
La. Rev. Stat. § 13:5110 Suits and proceedings exempt
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§5110. Suits and proceedings exempt This Part shall not apply to suits for refund of taxes or for worker's compensation benefits, or to proceedings for garnishment of wages, or to suits or mandamus proceedings against the division of public health statistics, vital statistics, of…
La. Rev. Stat. § 13:5111 Appropriation of property by state, parish, municipality or agencies thereof; attorney, engineering and appraisal fees; prescription
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§5111. Appropriation of property by state, parish, municipality or agencies thereof; attorney, engineering and appraisal fees; prescription A. A court of Louisiana rendering a judgment for the plaintiff, in a proceeding brought against the state of Louisiana, a parish, or municip…
La. Rev. Stat. § 13:5112 Suits against the state or political subdivision; court costs; interest
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§5112. Suits against the state or political subdivision; court costs; interest A. In any suit against the state or any department, board, commission, agency, or political subdivision thereof, the trial or appellate court, after taking into account any equitable considerations as …
La. Rev. Stat. § 13:5112.1 Subpoena duces tecum issued on a governmental entity
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§5112.1. Subpoena duces tecum issued on a governmental entity A. Unless otherwise ordered by the court, upon a showing of good cause therefore, a subpoena duces tecum issued to any governmental entity shall be requested at least fifteen days prior to the return date specified in …
La. Rev. Stat. § 13:5113 Collection of court costs from convicted felons
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§5113. Collection of court costs from convicted felons A. Whenever a person convicted of a criminal offense and sentenced to the custody of the Department of Public Safety and Corrections obtains a money judgment against the state, any agency thereof, or any official or employee …
La. Rev. Stat. § 13:5114 Title
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§5114. Title This Part shall be known as and may be referred to as the "Y2K Law". Acts 1999, No. 774, §1, eff. July 2, 1999.
La. Rev. Stat. § 13:5115 Limitation on the liability of the state and political subdivisions
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§5115. Limitation on the liability of the state and political subdivisions A. There shall be no cause or right of action, against the state, its departments, commissions, boards, state agencies or any of its political subdivisions, or against any officer, employee, or independent…
La. Rev. Stat. § 13:5121 Definitions
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§5121. Definitions Wherever used in this title, unless a different meaning clearly appears in the context, the following terms whether used in the singular or plural, shall be given the following respective interpretations: (1) "Bonds" means any debt obligations issued by any gov…