Title 9, Civil Code-Ancillaries
0 chapters · 2,355 sections in this title.
La. Rev. Stat. § 9:393 Full faith and credit of acknowledgments
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§393. Full faith and credit of acknowledgments Full faith and credit shall be given by Louisiana courts to an affidavit acknowledging paternity executed in any state in accordance with the laws and procedures of that state. Acts 1997, No. 1243, §1.
La. Rev. Stat. § 9:394 Evidence of hospital bills and tests in paternity action
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§394. Evidence of hospital bills and tests in paternity action In an action to establish paternity, originals or certified copies of bills for pregnancy, childbirth, and genetic testing shall be admissible as an exception to the hearsay rule and shall be prima facie evidence that…
La. Rev. Stat. § 9:395 Paternity proceedings; special requirements
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§395. Paternity proceedings; special requirements A. Each party in a paternity proceeding shall advise the state case registry of his current address and telephone number, social security number, driver's license number, and the name, address, and telephone number of his current …
La. Rev. Stat. § 9:395.1 Repealed by Acts 2006, No
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§395.1. Repealed by Acts 2006, No. 344, §7, eff. June 13, 2006.
La. Rev. Stat. § 9:396 Authority for test; ex parte orders; use of results
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§396. Authority for test; ex parte orders; use of results A.(1) Notwithstanding any other provision of law to the contrary, in any civil action in which paternity is a relevant fact, or in an action en desaveu, the court may, on its own initiative, or shall, under either of the f…
La. Rev. Stat. § 9:397 Selection of expert
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§397. Selection of expert The tests shall be conducted by a court appointed expert or experts qualified as examiners of blood or tissue samples for inherited characteristics, including but not limited to blood and tissue type. The number and qualifications of such expert or exper…
La. Rev. Stat. § 9:397.1 Compensation of expert witnesses and recovery of testing costs
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§397.1. Compensation of expert witnesses and recovery of testing costs A. The costs of the blood or tissue tests conducted by the expert witness appointed by the court shall be fixed at a reasonable amount. The costs shall be advanced by the party who requested that such tests be…
La. Rev. Stat. § 9:397.2 Chain of custody of blood or tissue samples
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§397.2. Chain of custody of blood or tissue samples The chain of custody of blood or tissue samples taken under this Part may be established if documentation of the chain of custody is submitted with the expert's report and if such documentation was made at or near the time of th…
La. Rev. Stat. § 9:397.3 Admissibility and effect of test results
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§397.3. Admissibility and effect of test results A.(1) A written report of the results of the initial testing, certified by a sworn affidavit by the expert who supervised the tests, shall be filed in the suit record. The affidavit shall state in substance: (a) That the affiant is…
La. Rev. Stat. § 9:398 Applicability to criminal actions
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§398. Applicability to criminal actions This part shall apply to criminal cases subject to the following limitations and provisions: (1) An order for the tests shall be made only upon application of a party or on the court's initiative; (2) The compensation of the experts shall b…
La. Rev. Stat. § 9:398.1 Award of attorney's fees in actions to establish paternity
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§398.1. Award of attorney's fees in actions to establish paternity When the court renders judgment in favor of a party seeking to establish paternity, it shall, except for good cause shown, award attorney's fees costs to the prevailing party. However, the provisions of this Secti…
La. Rev. Stat. § 9:398.2 Petition for order to submit to blood or tissue tests prior to bringing filiation action
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§398.2. Petition for order to submit to blood or tissue tests prior to bringing filiation action A.(1) Notwithstanding any other provision of law to the contrary, the husband of the mother, prior to filing an action of disavowal of a child born or conceived during his marriage to…
La. Rev. Stat. § 9:399 Establishment of child support; interim order during proceeding; final order following
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§399. Establishment of child support; interim order during proceeding; final order following judgment of paternity A. In a proceeding for the determination of paternity and upon motion of any party, the court presiding over the paternity issue shall issue an order of interim chil…
La. Rev. Stat. § 9:399.1 Dismissal of final order following judgment of paternity; time periods; procedure;
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§399.1. Dismissal of final order following judgment of paternity; time periods; procedure; effects NOTE: Subsection A eff. until Oct. 1, 2027. See Acts 2025, No. 477. A. Notwithstanding any other provision of law, a judgment establishing paternity may be set aside or vacated by t…
La. Rev. Stat. § 9:399.2 Effect of paternity on pregnancy-related medical expenses
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§399.2. Effect of paternity on pregnancy-related medical expenses A. The biological mother of a child may institute an action against the biological father of the child to recover fifty percent of documented out-of-pocket pregnancy-related medical expenses. The biological mother …
La. Rev. Stat. § 9:400 Putative father registry
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§400. Putative father registry A. The Louisiana Department of Health, office of public health, shall establish a putative father registry which shall record the names and addresses of the following: (1) Any person adjudicated by a court of this state to be the father of the child…
La. Rev. Stat. § 9:400.1 Repealed by Acts 2006, No
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§400.1. Repealed by Acts 2006, No. 344, §7, eff. June 13, 2006.
La. Rev. Stat. § 9:401 Disavowal action under Civil Code Article 186; parties
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§401. Disavowal action under Civil Code Article 186; parties A. A person who will be presumed to be the father under Civil Code Article 186 if the plaintiff obtains a judgment of disavowal shall be made a party to the disavowal action and shall be served with process. B. If the p…
La. Rev. Stat. § 9:402 Effect of disavowal action on prior child support order
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§402. Effect of disavowal action on prior child support order A judgment of disavowal terminates existing child custody and visitation orders in favor of the husband or former husband. The judgment also terminates the obligation to pay child support and revokes any court order en…
La. Rev. Stat. § 9:402.1 Effect of three-party acknowledgment; alternative to disavowal; child support order
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§402.1. Effect of three-party acknowledgment; alternative to disavowal; child support order The execution of a three-party acknowledgment pursuant to Civil Code Article 190.1 terminates the obligation to pay child support by the husband or former husband and revokes any court ord…
La. Rev. Stat. § 9:403 Mother's contestation action; procedure
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§403. Mother's contestation action; procedure A. The mother of the child is the proper party plaintiff and her former husband and present husband are proper party defendants in the contestation action provided for in the Civil Code. B. The hearing may be closed to the public. C.(…
La. Rev. Stat. § 9:404 Father's paternity action; time period; exception
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§404. Father's paternity action; time period; exception The peremptive periods in Civil Code Article 198 shall apply to the Department of Children and Family Services when providing services in accordance with 42 U.S.C. 666. Acts 2006, No. 344, §4, eff. June 13, 2006.
La. Rev. Stat. § 9:405 Legal effect of acknowledgment
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§405. Legal effect of acknowledgment In child support, custody, and visitation cases, the acknowledgment of paternity by authentic act is deemed to be a legal finding of paternity and is sufficient to establish an obligation to support the child and to establish visitation withou…
La. Rev. Stat. § 9:405.1 Minors; acknowledgment of paternity
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§405.1. Minors; acknowledgment of paternity An unemancipated minor who is under sixteen years of age may not enter into an acknowledgment of paternity. An unemancipated minor who is sixteen or seventeen years of age may not enter into an acknowledgment of paternity without judici…
La. Rev. Stat. § 9:405.2 Minors; judicial authorization of acknowledgment of paternity; venue
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§405.2. Minors; judicial authorization of acknowledgment of paternity; venue A request for judicial authorization pursuant to R.S. 9:405.1 may be submitted to a court of competent jurisdiction in the parish in which the minor parent executing the acknowledgment is domiciled or in…
La. Rev. Stat. § 9:405.3 Minors; application for judicial authorization of acknowledgment of paternity;
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§405.3. Minors; application for judicial authorization of acknowledgment of paternity; procedure A. Upon request by an unemancipated minor who is sixteen or seventeen years of age, the court may authorize the acknowledgment of paternity ex parte after considering the best interes…
La. Rev. Stat. § 9:406 Revocation of authentic act; with and without cause; procedure
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§406. Revocation of authentic act; with and without cause; procedure A.(1) A person who executed an authentic act of acknowledgment may, without cause, revoke it within sixty days of the execution of the authentic act of acknowledgment: (a) Upon the submission of a sworn statemen…
La. Rev. Stat. § 9:407 Uncontested paternity proceedings; proof by affidavit; adoption of court rules
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§407. Uncontested paternity proceedings; proof by affidavit; adoption of court rules The court vested with jurisdiction may provide, by local rule, that in uncontested proceedings to establish paternity, proof may be submitted by affidavit. Acts 2015, No. 260, §3, eff. Jan. 1, 20…
La. Rev. Stat. § 9:408 Filiation and paternity proceeding; parties
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§408. Filiation and paternity proceeding; parties The child's mother, any man who would be presumed to be the father under Civil Code Article 185, and the biological father, if known, shall be joined in a filiation or paternity proceeding, except that joinder is not required of a…
La. Rev. Stat. § 9:409 Filiation judgment; notice
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§409. Filiation judgment; notice A. Before rendition of any filiation judgment, including a judgment of disavowal of paternity, contestation and establishment of paternity, filiation, or paternity, that includes an order to amend a birth certificate, the mover shall send a copy o…
La. Rev. Stat. § 9:410 Filiation; ordinary proceedings
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§410. Filiation; ordinary proceedings A filiation action pursuant to Civil Code Article 197 shall be a civil action brought in an ordinary proceeding under Book II of the Code of Civil Procedure and may be instituted separately or cumulated in a succession proceeding. However, th…
La. Rev. Stat. § 9:4101 Short title; purpose; definitions
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§4101. Short title; purpose; definitions A. This Chapter shall be known and may be referred to as the "Louisiana Mediation Act". B. The purpose of this Chapter is to provide encouragement and support for the use of mediation to promote settlement of legal disputes. C. For purpose…
La. Rev. Stat. § 9:4102 Discussion of mediation with clients
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§4102. Discussion of mediation with clients Counsel are encouraged to discuss with their clients the appropriateness of using mediation in any civil case pending in the courts. Acts 1997, No. 1451, §1.
La. Rev. Stat. § 9:4103 Referral of a case for mediation; exceptions
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§4103. Referral of a case for mediation; exceptions A. On motion of any party, a court may order the referral of a civil case for mediation. Upon filing of an objection to mediation by any party within fifteen days after receiving notice of the order, the mediation order shall be…
La. Rev. Stat. § 9:4104 Selection of mediator
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§4104. Selection of mediator A. Once an order referring a case for mediation has been signed, the parties are encouraged to mutually agree upon a person to be appointed as the mediator. Upon submission of the chosen person's name to the court, the court shall issue an order makin…
La. Rev. Stat. § 9:4105 Approved register of mediators
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§4105. Approved register of mediators A. The ADR Section shall prepare and maintain a register of those persons qualified under criteria established pursuant to R.S. 9:4106. A mediator denied listing in the approved register may request a review of that decision by a panel of thr…
La. Rev. Stat. § 9:4106 Qualifications of mediators
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§4106. Qualifications of mediators A. To qualify for appointment as a mediator under this Chapter: (1)(a) A person must have completed a minimum of forty classroom hours of training in mediation in a course conducted by an individual or organization approved by the MCLE Committee…
La. Rev. Stat. § 9:4107 Standard of conduct; disclosure
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§4107. Standard of conduct; disclosure A. The Standards of Conduct for Mediators adopted by the American Arbitration Association, the American Bar Association, and the Society of Professionals in Dispute Resolution shall apply to the professional conduct of mediators appointed un…
La. Rev. Stat. § 9:4108 Required attendance and participation in mediation
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§4108. Required attendance and participation in mediation A. A court order referring a case to mediation may require any or all of the following: (1) Attendance of parties, including those persons with authority to negotiate and enter into binding settlement agreements. (2) Advan…
La. Rev. Stat. § 9:4109 Cost of mediation
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§4109. Cost of mediation A. The cost of mediation shall be agreed in writing by the parties and the mediator prior to commencement of mediation. If there is no agreement on such cost, the court shall rescind the appointment and the selection of a mediator shall commence anew. B.(…
La. Rev. Stat. § 9:4110 Nonbinding effect
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§4110. Nonbinding effect Mediation procedures are nonbinding unless all the parties specifically agree otherwise in writing. Acts 1997, No. 1451, §1.
La. Rev. Stat. § 9:4111 Written settlement agreements
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§4111. Written settlement agreements A. If, as a result of a mediation, the parties agree to settle and execute a written agreement disposing of the dispute, the agreement is enforceable as any other transaction or compromise and is governed by the provisions of Title XVII of Boo…
La. Rev. Stat. § 9:4112 Confidentiality
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§4112. Confidentiality A. Except as provided in this Section, all oral and written communications and records made during mediation, whether or not conducted under this Chapter and whether before or after the institution of formal judicial proceedings, are not subject to disclosu…
La. Rev. Stat. § 9:4201 Validity of arbitration agreements
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§4201. Validity of arbitration agreements A provision in any written contract to settle by arbitration a controversy thereafter arising out of the contract, or out of the refusal to perform the whole or any part thereof, or an agreement in writing between two or more persons to s…
La. Rev. Stat. § 9:4202 Stay of proceedings brought in violation of arbitration agreement
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§4202. Stay of proceedings brought in violation of arbitration agreement If any suit or proceedings be brought upon any issue referable to arbitration under an agreement in writing for arbitration, the court in which suit is pending, upon being satisfied that the issue involved i…
La. Rev. Stat. § 9:4203 Remedy in case of default; petition and notice; hearing and proceedings
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§4203. Remedy in case of default; petition and notice; hearing and proceedings A. The party aggrieved by the alleged failure or refusal of another to perform under a written agreement for arbitration, may petition any court of record having jurisdiction of the parties, or of the …
La. Rev. Stat. § 9:4204 Appointment of arbitrators
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§4204. Appointment of arbitrators If, in the agreement, provision is made for a method of naming or appointing an arbitrator or arbitrators or an umpire, this method shall be followed. If no method is provided or if a method is provided and a party thereto fails to avail himself …
La. Rev. Stat. § 9:4205 Application heard as motion
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§4205. Application heard as motion Any application to the court under this Chapter shall be made and heard in the manner provided by law for the making and hearing of motions, except as otherwise herein expressly provided.
La. Rev. Stat. § 9:4206 Witnesses; summoning; compelling attendance; evidence
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§4206. Witnesses; summoning; compelling attendance; evidence A. When more than one arbitrator is agreed to, all the arbitrators shall sit at the hearing of the case unless, by consent in writing, all parties agree to proceed with the hearing with a less number. The arbitrators, s…
La. Rev. Stat. § 9:4207 Depositions
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§4207. Depositions Upon petition, approved by the arbitrators or by a majority of them, any court of record in and for the parish in which the arbitrators are sitting may direct the taking of depositions to be used as evidence before the arbitrators, in the same manner and for th…