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La. Rev. Stat. § 13:3205 Default judgment; hearings; proof of service of process
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§3205. Default judgment; hearings; proof of service of process No default judgment may be rendered against the defendant and no hearing may be held on a contradictory motion, rule to show cause, or other summary proceeding, except for actions pursuant to R.S. 46:2131 et seq., unt…
La. Rev. Stat. § 13:3206 "Nonresident" as used in R.S
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§3206. "Nonresident" as used in R.S. 13:3201 through 3207 As used in R.S. 13:3201 through 3207, "nonresident" includes an individual, his executor, administrator, or other legal representative, who at the time of the filing of the suit is not domiciled in this state, or a partner…
La. Rev. Stat. § 13:3207 R.S
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§3207. R.S. 13:3201-13:3206 provide additional remedies; no conflict with certain code and statutory provisions R.S. 13:3201 through 13:3206 provide additional remedies, and do not in any way affect, conflict with, modify, or repeal any code article or statute providing any other…
La. Rev. Stat. § 13:321 Divisions of the districts of the courts of appeal
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§321. Divisions of the districts of the courts of appeal A. For the purpose of nomination and election only, there shall be separate and distinct divisions within each district of the various courts of appeal. For the purposes of this Section, the word "district" shall include no…
La. Rev. Stat. § 13:3231 Venue in suits against public carriers
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§3231. Venue in suits against public carriers Steamboats, railroads and other public carriers doing business in the State of Louisiana may be sued either in the courts at the point of delivery, or in the courts at the point of shipment, or in the courts at the domicile of such st…
La. Rev. Stat. § 13:3232 Suits arising from sale or manufacture of sugar cane or syrup; venue
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§3232. Suits arising from sale or manufacture of sugar cane or syrup; venue In all cases where sugar cane is sold by the ton or otherwise, to another, or is delivered to another person to be manufactured for a portion of the product thereof, and in all cases where cane syrup is s…
La. Rev. Stat. § 13:3233 Labor and materials furnished on farm or plantation; venue
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§3233. Labor and materials furnished on farm or plantation; venue Parties holding claims against any citizen of this state for labor performed, or for supplies or materials furnished, or for improvements made upon any farm or plantation, or real estate, may institute suit for the…
La. Rev. Stat. § 13:3237 Venue; inmates of public institutions
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§3237. Venue; inmates of public institutions Inmates of public institutions in the state may be sued at their former domicile.
La. Rev. Stat. § 13:3239 Venue in action on official bond of state officer
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§3239. Venue in action on official bond of state officer An action on the official bond of a state officer, against the latter or his surety, or both, may be brought in the parish where the officer performs the duties of his office. Added by Acts 1960, No. 32, §6, eff. Jan. 1, 19…
La. Rev. Stat. § 13:3240 Suits to enforce laws for protection of aquatic life; jurisdiction; venue
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§3240. Suits to enforce laws for protection of aquatic life; jurisdiction; venue A. The district courts in and for all parishes bordering upon the Gulf of Mexico or its arms or inlets have concurrent jurisdiction to enforce all statutes and regulations enacted or passed for the p…
La. Rev. Stat. § 13:3241 Suits brought by political subdivision on open account; venue
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§3241. Suits brought by political subdivision on open account; venue A. An action by any municipality, parish, water district, sewerage district, or any public utility operated by a political subdivision of the state to enforce the collection of an open account may be instituted …
La. Rev. Stat. § 13:3271 Transfer of action; clerk transmits copy of record
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§3271. Transfer of action; clerk transmits copy of record When a court orders the transfer of an action to another court under Article 121, 122, or 932 of the Code of Civil Procedure, upon the payment of all fees due him under R.S. 13:3272 by the party requesting the transfer, th…
La. Rev. Stat. § 13:3272 Fees due clerk of transferring court; notices to party requesting transfer
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§3272. Fees due clerk of transferring court; notices to party requesting transfer The clerk of the transferring court shall charge the party requesting the transfer all unpaid costs which have accrued, the fees to which such clerk is entitled for making the certified copies to be…
La. Rev. Stat. § 13:3273 Fees due clerk of court to which action is transferred
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§3273. Fees due clerk of court to which action is transferred The party requesting the transfer shall pay to the clerk of the court to which the action is transferred all of the fees to which this clerk would have been entitled had the action been instituted initially, and all of…
La. Rev. Stat. § 13:3274 Transfer vacated if party requesting fails to pay clerks' fees timely
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§3274. Transfer vacated if party requesting fails to pay clerks' fees timely If the party requesting the transfer fails to pay all of the fees due the clerks, as provided in R.S. 13:3272 and R.S. 13:3273, within ten days of the receipt of the written notice of the amount due, or …
La. Rev. Stat. § 13:3275 Duty of clerk of court to which action transferred
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§3275. Duty of clerk of court to which action transferred When the certified copies have been received by the clerk of the court to which the action has been transferred, and all of the fees due him have been paid, he shall enter the action on his docket, file the certified copie…
La. Rev. Stat. § 13:3276 Appeal; execution of judgment
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§3276. Appeal; execution of judgment An appeal may be granted by the court to which an action or proceeding was transferred and which rendered the judgment therein, and the judgment rendered therein may be enforced or executed, in the same manner as if the action or proceeding ha…
La. Rev. Stat. § 13:33 Chairman; other officers
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§33. Chairman; other officers The commission shall select from its members a chairman and such other officers as it deems necessary. Added by Acts 1968, No. 152, §1.
La. Rev. Stat. § 13:3331 Foreign administrator or executor may sue to recover damages for wrongful death
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§3331. Foreign administrator or executor may sue to recover damages for wrongful death When a right of action to recover damages for the wrongful death of a nonresident vests in the administrator or executor appointed or confirmed by a court of the domicile of the deceased, this …
La. Rev. Stat. § 13:3348 Oaths of joint co-parties
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§3348. Oaths of joint co-parties In all judicial proceedings, where two or more parties are joined in interest and are acting together as co-plaintiffs, co-defendants, co-intervenors, co-opponents or co-warrantors, co-movers, or co-parties of any sort, and where as such, they are…
La. Rev. Stat. § 13:3381 Stay of proceedings
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§3381. Stay of proceedings A.(1) Notwithstanding any provision of law to the contrary, upon the filing of a motion to stay by the defendant, the court shall stay the proceedings on a claim for defamation of character, libel, slander, or damage to reputation when the plaintiff is …
La. Rev. Stat. § 13:3382 Waiver
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§3382. Waiver A. Notwithstanding any provision of law to the contrary, a plaintiff filing a claim for defamation of character, libel, slander, or damage to reputation referenced in R.S. 13:3381, waives all privileges and protections relating to the civil or criminal investigation…
La. Rev. Stat. § 13:3383 Costs
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§3383. Costs A defendant shall not be required to prepay costs to file an answer to a claim for defamation of character, libel, slander, or damage to reputation referenced in R.S. 13:3381. Acts 2018, No. 359, §1.
La. Rev. Stat. § 13:34 Commission members; compensation prohibited; expenses
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§34. Commission members; compensation prohibited; expenses No member of the commission shall receive any compensation for his services, but shall be paid his expenses necessarily incurred in the performance of his duties as a member of the commission. Added by Acts 1968, No. 152,…
La. Rev. Stat. § 13:3415 Party not liable for slander or libel uttered by his attorney
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§3415. Party not liable for slander or libel uttered by his attorney No party to an action or proceeding is liable for any slanderous or libellous words uttered by his attorney at law. Acts 1960, No. 32, §6, eff. Jan. 1, 1961; Acts 1990, No. 989, §5, eff. Jan. 1, 1991.
La. Rev. Stat. § 13:3416 Directors of personnel of civil service as indispensable parties in judicial proceedings
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§3416. Directors of personnel of civil service as indispensable parties in judicial proceedings The director of personnel of any department of state or city civil service existing under the provisions of Article XIV, Section 15 of the Constitution of Louisiana shall be an indispe…
La. Rev. Stat. § 13:3417 Directors made parties in certain proceedings
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§3417. Directors made parties in certain proceedings In any judicial proceeding involving an interpretation of or decision under any provision of Article XIV, Section 15 of the Constitution of Louisiana in which a director of personnel functioning thereunder is not an indispensab…
La. Rev. Stat. § 13:3418 Delivery of copies of pleadings and briefs
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§3418. Delivery of copies of pleadings and briefs Copies of all pleadings and briefs filed or submitted in any proceeding in which a director of personnel is a party, as herein provided, shall be delivered to the director by the party filing or submitting the same. The director o…
La. Rev. Stat. § 13:3419 Notices to director
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§3419. Notices to director The clerk of court in which any action is brought, whether originally, by appeal, or otherwise, in any case in which a director of personnel is a party, as herein provided, shall give to such director all notices required to be furnished to a party in a…
La. Rev. Stat. § 13:3421 Curatorship of the property of absent persons; court where proceedings are brought
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§3421. Curatorship of the property of absent persons; court where proceedings are brought A. A petition for the appointment of a curator for an absent person, as provided in Civil Code Article 47, shall be filed in the district court of the parish where the absent person was domi…
La. Rev. Stat. § 13:3422 Petitions filed in two or more courts
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§3422. Petitions filed in two or more courts If petitions for the appointment of a curator for an absent person are filed in two or more competent courts, the court in which a petition was first filed shall proceed to a determination of the issues and the proceedings in the other…
La. Rev. Stat. § 13:3423 Evidence of jurisdiction and relationship; affidavits
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§3423. Evidence of jurisdiction and relationship; affidavits A. The absent person's domicile at the time of his absence, his ownership of property in this state, and all other facts necessary to establish the jurisdiction of the court may be evidenced by affidavits submitted with…
La. Rev. Stat. § 13:3424 Costs
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§3424. Costs In a proceeding to appoint a curator for an absent person conducted ex parte, the court costs are to be paid from the estate of the absent person. In all contradictory proceedings conducted pursuant to the filing of an opposition to the appointment, the court costs a…
La. Rev. Stat. § 13:3425 Notice
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§3425. Notice A. The applicant for appointment as curator of an absent person shall attach to his petition an affidavit listing to the best of his knowledge those persons eligible for appointment as curator listed in R.S. 13:3433. B. A copy of the petition for appointment shall b…
La. Rev. Stat. § 13:3426 Request for notice
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§3426. Request for notice A. An interested person desiring to be notified of the filing of an application for appointment as curator of an absent person may petition the district court of the parish where the absent person was domiciled at the time his absence commenced for such …
La. Rev. Stat. § 13:3427 Descriptive list
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§3427. Descriptive list A. The court shall order the filing of a detailed descriptive list of all the property of the absent person upon the filing of an application for appointment as curator. The list shall be sworn to and subscribed by the person filing it, shall show the loca…
La. Rev. Stat. § 13:3428 Opposition
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§3428. Opposition A. The opposition to an application for appointment as curator of an absent person shall be filed prior to the hearing on the application and shall be served on the applicant for appointment. The opposition shall be in writing and shall comply with the provision…
La. Rev. Stat. § 13:3429 Hearing
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§3429. Hearing A. At any time after the expiration of ten days from date of publication or date of mailing of the notice as provided in R.S. 13:3425, whichever period is longer, if no opposition has been filed, and if the applicant shows that an appointment is necessary, the cour…
La. Rev. Stat. § 13:3430 Appeal
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§3430. Appeal A. An appeal from a judgment confirming, appointing, or removing a curator or an undercurator can only be taken within thirty days from the applicable date provided in Code of Civil Procedure Article 2087(A). B. Such judgment shall not be suspended during the penden…
La. Rev. Stat. § 13:3431 Disqualification
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§3431. Disqualification In proceedings for appointment of a curator for an absent person, no person may be appointed who is: (1) Under eighteen years of age; (2) Interdicted, or who, on contradictory hearing, is proved to be mentally incompetent; (3) A convicted felon, under the …
La. Rev. Stat. § 13:3432 Revocation; removal; resignation
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§3432. Revocation; removal; resignation A. If a person who is appointed curator or undercurator fails to qualify for the office within ten days from his appointment, on its own motion or on motion of any interested person, the court may revoke the appointment and appoint another …
La. Rev. Stat. § 13:3433 Priority of appointment; spouse in community
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§3433. Priority of appointment; spouse in community When the appointment as curator for an absent person is claimed by more than one qualified person, preference in the appointment shall be given by the court in the following order to the absent person's: (1) Spouse not judiciall…
La. Rev. Stat. § 13:3434 Security
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§3434. Security The court shall order the curator to furnish security, within ten days of the appointment, in a form and in an amount determined by the court as adequate to protect the interests of the absent person. The court may order the security to be increased, diminished, o…
La. Rev. Stat. § 13:3435 Oath and letters
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§3435. Oath and letters A. Before the person appointed as curator for an absent person enters upon the performance of his official duties, he must take an oath to discharge faithfully the duties of his office. B. After the person appointed as curator for an absent person has qual…
La. Rev. Stat. § 13:3436 Undercurator
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§3436. Undercurator A. At the time judgment is rendered appointing a curator for an absent person, the court shall also appoint a responsible person as undercurator. Before entering upon the performance of his official duties, the undercurator must take an oath to discharge faith…
La. Rev. Stat. § 13:3437 Duties
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§3437. Duties A. The curator shall take possession of, preserve, and administer the absent person's property. He shall enforce all obligations in favor of the absent person, shall represent him in all civil matters, and may exercise all procedural rights available to a litigant. …
La. Rev. Stat. § 13:3438 Powers
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§3438. Powers The curator may exercise all functions with respect to the absent person's property consistent with prudent administration and disposition thereof. Within the limitations of the foregoing standard, the curator may, with the approval of the court as provided in R.S. …
La. Rev. Stat. § 13:3439 Prohibited activities
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§3439. Prohibited activities A. A curator cannot acquire any property of the absent person, or interest therein, personally or by means of a third person, unless authorized by the court in accordance with R.S. 13:3440. Acts prohibited by this Subsection shall be null, and the cur…
La. Rev. Stat. § 13:3440 Authorization
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§3440. Authorization A. The curator shall file a petition setting forth the subject matter to be determined affecting the absent person's interest, with his recommendations and the reasons therefore, and with a written concurrence by the undercurator. If the court approves the re…
La. Rev. Stat. § 13:3441 Appointment of agent
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§3441. Appointment of agent A curator who is a non-resident, or who is about to leave the state permanently, shall execute a power of attorney appointing a resident of this state to receive service of process in any action brought against him in his capacity as curator; and may a…
