Title 13, Courts and Judicial Procedure

0 chapters · 2,055 sections in this title.

2,055 sectionsFiltered byTitle 13

La. Rev. Stat. § 13:1711 Repealed by Acts 2006, No
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§1711. Repealed by Acts 2006, No. 822, §2, eff. Aug. 15, 2007.
La. Rev. Stat. § 13:1712 Repealed by Acts 2006, No
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§1712. Repealed by Acts 2006, No. 822, §2, eff. Aug. 15, 2007.
La. Rev. Stat. § 13:1713 Repealed by Acts 2006, No
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§1713. Repealed by Acts 2006, No. 822, §2, eff. Aug. 15, 2007.
La. Rev. Stat. § 13:1714 Repealed by Acts 2006, No
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§1714. Repealed by Acts 2006, No. 822, §2, eff. Aug. 15, 2007.
La. Rev. Stat. § 13:1715 Repealed by Acts 2006, No
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§1715. Repealed by Acts 2006, No. 822, §2, eff. Aug. 15, 2007.
La. Rev. Stat. § 13:1716 Repealed by Acts 2006, No
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§1716. Repealed by Acts 2006, No. 822, §2, eff. Aug. 15, 2007.
La. Rev. Stat. § 13:1717 Repealed by Acts 2006, No
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§1717. Repealed by Acts 2006, No. 822, §2, eff. Aug. 15, 2007.
La. Rev. Stat. § 13:1718 Repealed by Acts 2006, No
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§1718. Repealed by Acts 2006, No. 822, §2, eff. Aug. 15, 2007.
La. Rev. Stat. § 13:1719 Repealed by Acts 2006, No
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§1719. Repealed by Acts 2006, No. 822, §2, eff. Aug. 15, 2007.
La. Rev. Stat. § 13:1720 Repealed by Acts 2006, No
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§1720. Repealed by Acts 2006, No. 822, §2, eff. Aug. 15, 2007.
La. Rev. Stat. § 13:1721 Repealed by Acts 2006, No
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§1721. Repealed by Acts 2006, No. 822, §2, eff. Aug. 15, 2007.
La. Rev. Stat. § 13:1722 Repealed by Acts 2006, No
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§1722. Repealed by Acts 2006, No. 822, §2, eff. Aug. 15, 2007.
La. Rev. Stat. § 13:1723 Repealed by Acts 2006, No
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§1723. Repealed by Acts 2006, No. 822, §2, eff. Aug. 15, 2007.
La. Rev. Stat. § 13:1724 Repealed by Acts 2006, No
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§1724. Repealed by Acts 2006, No. 822, §2, eff. Aug. 15, 2007.
La. Rev. Stat. § 13:1801 Short title
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§1801. Short title This Part may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act. Acts 2006, No. 822, §1, eff. Aug. 15, 2007.
La. Rev. Stat. § 13:1802 Definitions
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§1802. Definitions (1) "Abandoned" means left without provision for reasonable and necessary care or supervision. (2) "Child" means an individual who has not attained eighteen years of age. (3) "Child custody determination" means a judgment, decree, or other order of a court prov…
La. Rev. Stat. § 13:1803 Proceedings governed by other law
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§1803. Proceedings governed by other law This Part does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child. Acts 2006, No. 822, §1, eff. Aug. 15, 2007.
La. Rev. Stat. § 13:1804 Application to Indian tribes
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§1804. Application to Indian tribes A. A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. §1901 et seq. is not subject to this Act to the extent that it is governed by the Indian Child Welfare Act. B. A court of this …
La. Rev. Stat. § 13:1805 International application
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§1805. International application A. A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying Subparts A and B of this Part. B. Except as otherwise provided in Subsection C of this Section, a child custody determina…
La. Rev. Stat. § 13:1806 Effect of child custody determination
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§1806. Effect of child custody determination A child custody determination made by a court of this state that had jurisdiction under this Act binds all persons who have been served in accordance with the laws of this state or notified in accordance with R.S. 13:1808 or who have s…
La. Rev. Stat. § 13:1807 Priority
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§1807. Priority If a question of existence or exercise of jurisdiction under this Act is raised in a child custody proceeding, the question, upon request of a party, shall be given priority on the calendar and handled expeditiously. Acts 2006, No. 822, §1, eff. Aug. 15, 2007.
La. Rev. Stat. § 13:1808 Notice to persons outside state
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§1808. Notice to persons outside state A. Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice shall…
La. Rev. Stat. § 13:1809 Appearance and limited immunity
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§1809. Appearance and limited immunity A. A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for anot…
La. Rev. Stat. § 13:1810 Communication between courts
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§1810. Communication between courts A. A court of this state may communicate with a court in another state concerning a proceeding arising under this Act. B. The court may allow the parties to participate in the communication. If the parties are not able to participate in the com…
La. Rev. Stat. § 13:1811 Taking testimony in another state
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§1811. Taking testimony in another state A. In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other mean…
La. Rev. Stat. § 13:1812 Cooperation between courts; preservation of records
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§1812. Cooperation between courts; preservation of records A. A court of this state may request the appropriate court of another state to: (1) Hold an evidentiary hearing. (2) Order a person to produce or give evidence pursuant to procedures of that state. (3) Order that an evalu…
La. Rev. Stat. § 13:1813 Initial child custody jurisdiction
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§1813. Initial child custody jurisdiction A. Except as otherwise provided in R.S. 13:1816, a court of this state has jurisdiction to make an initial child custody determination only if: (1) This state is the home state of the child on the date of the commencement of the proceedin…
La. Rev. Stat. § 13:1814 Exclusive, continuing jurisdiction
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§1814. Exclusive, continuing jurisdiction A. Except as otherwise provided in R.S. 13:1816, a court of this state which has made a child custody determination consistent with R.S. 13:1813 or 1815 has exclusive, continuing jurisdiction over the determination until: (1) A court of t…
La. Rev. Stat. § 13:1815 Jurisdiction to modify determination
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§1815. Jurisdiction to modify determination Except as otherwise provided in R.S. 13:1816, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under R.S. …
La. Rev. Stat. § 13:1816 Temporary emergency jurisdiction
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§1816. Temporary emergency jurisdiction A. A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the ch…
La. Rev. Stat. § 13:1817 Notice; opportunity to be heard; joinder
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§1817. Notice; opportunity to be heard; joinder A. Before a child custody determination is made under this Act, notice and an opportunity to be heard in accordance with the standards of R.S. 13:1808 shall be given to all persons entitled to notice under the laws of this state as …
La. Rev. Stat. § 13:1818 Simultaneous proceedings
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§1818. Simultaneous proceedings A. Except as otherwise provided in R.S. 13:1816, a court of this state may not exercise its jurisdiction under this Subpart if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced i…
La. Rev. Stat. § 13:1819 Inconvenient forum
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§1819. Inconvenient forum A. A court of this state which has jurisdiction under this Act to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of anothe…
La. Rev. Stat. § 13:1820 Jurisdiction declined by reason of conduct
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§1820. Jurisdiction declined by reason of conduct A. Except as otherwise provided in R.S. 13:1816, if a court of this state has jurisdiction under this Act because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercis…
La. Rev. Stat. § 13:1821 Information to be submitted to court
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§1821. Information to be submitted to court A. Subject to local law providing for the confidentiality of procedures, addresses, and other identifying information in a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, …
La. Rev. Stat. § 13:1822 Appearance of parties and child
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§1822. Appearance of parties and child A. In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who ha…
La. Rev. Stat. § 13:1823 Definitions
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§1823. Definitions A. "Petitioner" means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. B. "Respondent" means a person against whom …
La. Rev. Stat. § 13:1824 Enforcement under Hague Convention
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§1824. Enforcement under Hague Convention Under this Subpart a court of this state may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination. Acts 2006, No. 82…
La. Rev. Stat. § 13:1825 Duty to enforce
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§1825. Duty to enforce A. A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this Act or the determination was made under factual circumstances meeti…
La. Rev. Stat. § 13:1826 Temporary visitation
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§1826. Temporary visitation A. A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing: (1) A visitation schedule made by a court of another state; or (2) The visitation provisions of a child custody det…
La. Rev. Stat. § 13:1827 Registration of child custody determination
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§1827. Registration of child custody determination A. A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to the appropriate court in this state: (1) A letter or other…
La. Rev. Stat. § 13:1828 Enforcement of registered determination
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§1828. Enforcement of registered determination A. A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state. B. A court of this state shall recognize and enforce, …
La. Rev. Stat. § 13:1829 Simultaneous proceedings
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§1829. Simultaneous proceedings If a proceeding for enforcement under this Subpart is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination u…
La. Rev. Stat. § 13:1830 Expedited enforcement of child custody determination
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§1830. Expedited enforcement of child custody determination A. A petition under this Subpart shall be verified. Certified copies of all orders sought to be enforced and of any order confirming registration shall be attached to the petition. A copy of a certified copy of an order …
La. Rev. Stat. § 13:1831 Service of petition and order
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§1831. Service of petition and order Except as otherwise provided in R.S. 13:1833, the petition and order shall be served, by any method authorized by Louisiana law, upon respondent and any person who has physical custody of the child. Acts 2006, No. 822, §1, eff. Aug. 15, 2007.
La. Rev. Stat. § 13:1832 Hearing and order
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§1832. Hearing and order A. Unless the court issues a temporary emergency order pursuant to R.S. 13:1816, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the …
La. Rev. Stat. § 13:1833 Warrant to take physical custody of child
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§1833. Warrant to take physical custody of child A. Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately l…
La. Rev. Stat. § 13:1834 Costs, fees, and expenses
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§1834. Costs, fees, and expenses A. The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel e…
La. Rev. Stat. § 13:1835 Recognition and enforcement
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§1835. Recognition and enforcement A court of this state shall accord full faith and credit to an order issued by another state and consistent with this Act which enforces a child custody determination by a court of another state unless the order has been vacated, stayed, or modi…
La. Rev. Stat. § 13:1836 Appeals
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§1836. Appeals An appeal may be taken from a final order in a proceeding under this Subpart in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under R.S. 13:1816, the enforcing court may not stay an order en…