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La. Rev. Stat. § 13:4103 Executory process against mortgaged corporation property; proof of authority to execute mortgage
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§4103. Executory process against mortgaged corporation property; proof of authority to execute mortgage A. The following shall be deemed to constitute authentic evidence for purposes of an executory proceeding to enforce a mortgage, chattel mortgage, or other security agreement a…
La. Rev. Stat. § 13:4103.1 Executory process against mortgaged or secured limited liability company property; proof of authority to execute mortgage or security agreement
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§4103.1. Executory process against mortgaged or secured limited liability company property; proof of authority to execute mortgage or security agreement Any of the following shall be deemed to constitute authentic evidence for purposes of an executory proceeding to enforce a mort…
La. Rev. Stat. § 13:4104 Variance between act of mortgage and note; correction
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§4104. Variance between act of mortgage and note; correction The right to an order for executory process shall exist when there is a variance between a notarial act of mortgage and the note or notes issued in connection therewith, when such variance is due to a clerical error and…
La. Rev. Stat. § 13:4105 Notarial act acknowledging error, when sufficient
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§4105. Notarial act acknowledging error, when sufficient In any case where such variance exists and it is not possible to secure the certificate referred to in R.S. 13:4104, the right to an order for executory process will lie upon execution by the debtor or by his heirs, executo…
La. Rev. Stat. § 13:4106 Deficiency judgment prohibited if sale made without appraisement
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§4106. Deficiency judgment prohibited if sale made without appraisement A. Unless otherwise provided by law, if a mortgagee or other creditor takes advantage of a waiver of appraisement of his property, movable, immovable, or both, by a debtor, and the proceeds of the judicial sa…
La. Rev. Stat. § 13:4107 R.S
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§4107. R.S. 13:4106 cannot be waived; operation prospective R.S. 13:4106 declares a public policy and the provisions thereof can not, and shall not be waived by a debtor, but it shall only apply to mortgages, contracts, debts or other obligations made, or arising on or after Augu…
La. Rev. Stat. § 13:4108 Transactions which do not bar deficiency judgment
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§4108. Transactions which do not bar deficiency judgment Notwithstanding any other law to the contrary, including but not limited to R.S. 13:4106 and 4107, none of the following actions by a mortgagee or other creditor shall prohibit the mortgagee or other creditor from obtaining…
La. Rev. Stat. § 13:4108.1 Deficiency judgment when obligations based upon commercial transaction
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§4108.1. Deficiency judgment when obligations based upon commercial transaction A. As an exception to R.S. 13:4106 and 4107, if a mortgagee or other creditor holds a mortgage, pledge, security interest, or privilege which secures an obligation in a commercial transaction, the mor…
La. Rev. Stat. § 13:4108.2 Deficiency judgment when obligations based on consumer transaction
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§4108.2. Deficiency judgment when obligations based on consumer transaction A. Notwithstanding any other law to the contrary, including but not limited to R.S. 13:4106 and 4107, if a mortgagee or other creditor holds a mortgage, pledge, security interest, or privilege which secur…
La. Rev. Stat. § 13:4108.3 Relation to Chapter 9 of the Louisiana Commercial Laws
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§4108.3. Relation to Chapter 9 of the Louisiana Commercial Laws The rights or absence thereof of a secured creditor to pursue and collect a deficiency from a debtor, guarantor, or surety in connection with a secured transaction subject to Chapter 9 of the Louisiana Commercial Law…
La. Rev. Stat. § 13:4109 Executory process against property of insolvents; rights of persons holding special mortgages
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§4109. Executory process against property of insolvents; rights of persons holding special mortgages Creditors holding special mortgages containing the pact de non alienando shall not lose their rights of executory process upon the property of their debtor, by reason of a cession…
La. Rev. Stat. § 13:4110 Same; sale under first process where provisional or definitive syndic appointed
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§4110. Same; sale under first process where provisional or definitive syndic appointed In all cases when executory process has issued and a surrender has been made and a provisional or definitive syndic has been appointed, the sale under the first process shall be effected the sa…
La. Rev. Stat. § 13:4111 Venue of executory proceeding against continuous tract of land in different parishes
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§4111. Venue of executory proceeding against continuous tract of land in different parishes An executory proceeding to enforce a mortgage or privilege affecting the whole of a continuous tract of land situated partly in different parishes, at the option of the plaintiff, may be b…
La. Rev. Stat. § 13:4112 Actions to set aside or annul judicial sales in executory proceedings
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§4112. Actions to set aside or annul judicial sales in executory proceedings No action may be instituted to set aside or annul the judicial sale of immovable property by executory process by reason of any objection to form or procedure in the executory proceedings, or by reason o…
La. Rev. Stat. § 13:4151 Summary trial of suits in which mineral lands are in controversy; bond to prevent summary trial
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§4151. Summary trial of suits in which mineral lands are in controversy; bond to prevent summary trial Whenever a suit is filed in which the title to or possession of mineral lands, or oil, gas or mineral leases, is questioned, the defendant may demand a summary trial of the caus…
La. Rev. Stat. § 13:4152 Same; motion for summary trial; date of trial
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§4152. Same; motion for summary trial; date of trial On or before ten days after the date of filing of the suit, defendant shall file his answer to plaintiff's demand, and after the answer is filed, or as a part thereof, defendant may file a motion for a summary trial of the caus…
La. Rev. Stat. § 13:4153 Same; continuance
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§4153. Same; continuance Should plaintiff show a legal cause for delay of such trial, only one continuance shall be granted, and that for not more than ten days.
La. Rev. Stat. § 13:4154 Same; no summary trial if plaintiff gives bond; judgment on failure to give bond
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§4154. Same; no summary trial if plaintiff gives bond; judgment on failure to give bond Forty-eight hours or more before the cause is called for trial, plaintiff may place the cause back in the category of ordinary causes, and not subject to any preference or priority by giving b…
La. Rev. Stat. § 13:4155 Same; appeal
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§4155. Same; appeal Should either party appeal a case so fixed for summary trial, the cause shall be a preference suit in the appellate court and shall be fixed and set for argument in the appellate court for a date not more than thirty days from the date of the filing of the tra…
La. Rev. Stat. § 13:4156 Same; trial of suit filed during vacation
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§4156. Same; trial of suit filed during vacation Should the court be in vacation at the time of filing the suit, the cause shall be fixed for trial in first instance on the first day of the next term of court.
La. Rev. Stat. § 13:4157 Damages ex delicto; trial with preference
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§4157. Damages ex delicto; trial with preference All suits or actions for damages, arising "ex delicto" shall be placed upon the preference docket of the district and city courts and shall be tried along with such other preference cases as is now provided by law.
La. Rev. Stat. § 13:4159 Trial by judge when no verdict reached on two jury trials
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§4159. Trial by judge when no verdict reached on two jury trials In any case where a jury has been prayed for by either party, and where the case has been tried twice by a jury without a verdict being reached, no further trial by jury shall be had, but the case shall be tried by …
La. Rev. Stat. § 13:4160 Third verdict of jury not to be set aside
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§4160. Third verdict of jury not to be set aside No judge may set aside the verdict of a jury in the same case more than twice, but should there be three jury trials of the same case, the third verdict shall not be disturbed by the trial judge, who shall render judgment thereon w…
La. Rev. Stat. § 13:4161 Trial of cases on holiday
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§4161. Trial of cases on holiday Whenever empanelling of a jury or the taking of evidence on the trial of any case, shall have been begun, but not concluded, at the time at which there shall intervene any legal holiday or legal half-holiday, it is lawful for the presiding judge, …
La. Rev. Stat. § 13:4162 Suits entitled to preference; right of office; state, police jury or municipal corporation as party
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§4162. Suits entitled to preference; right of office; state, police jury or municipal corporation as party Suits in which the right of office is involved, or in which the state, a police jury or municipal corporation is a party, shall have precedence over all others except crimin…
La. Rev. Stat. § 13:4163 Motion for legislative continuance or extension of time; legislators or employees
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§4163. Motion for legislative continuance or extension of time; legislators or employees engaged in legislative or constitutional convention activities A.(1)(a) A member of the legislature or legislative employee shall be entitled to peremptory grounds for a continuance of any co…
La. Rev. Stat. § 13:4164 Television
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§4164. Television A. Except as otherwise provided herein, no proceeding in any court in this state shall be televised or recorded by television equipment. B. Each court in this state may provide by court rule for the broadcasting or recordation for broadcasting of proceedings for…
La. Rev. Stat. § 13:4165 Special masters; appointment; duties and powers; compensation; code of judicial
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§4165. Special masters; appointment; duties and powers; compensation; code of judicial conduct A. Pursuant to the inherent judicial power of the court and upon its own motion and with the consent of all parties litigant, the court may enter an order appointing a special master in…
La. Rev. Stat. § 13:42 Judicial Compensation Commission; creation; membership
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§42. Judicial Compensation Commission; creation; membership A. There is hereby created a commission known as the "Judicial Compensation Commission", hereinafter referred to as the "commission". The commission shall consist of fifteen members, subject to Senate confirmation: one s…
La. Rev. Stat. § 13:4201 Voluntary dismissal or discontinuance; payment of costs before judgment rendered or signed
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§4201. Voluntary dismissal or discontinuance; payment of costs before judgment rendered or signed No order or judgment shall be rendered or signed by any court of the state dismissing or discontinuing any suit or reconventional demand, on the voluntary motion of any or all of the…
La. Rev. Stat. § 13:4202 Rates of judicial interest
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§4202. Rates of judicial interest A. The rate of judicial interest resulting from a lawsuit pending or filed during the indicated periods shall be as follows: (1) Prior to September 12, 1980, the rate shall be seven percent per annum. (2) On and after September 12, 1980, until Se…
La. Rev. Stat. § 13:4203 Interest on judgments from judicial demand in ex delicto cases
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§4203. Interest on judgments from judicial demand in ex delicto cases Legal interest shall attach from date of judicial demand, on all judgments, sounding in damages, "ex delicto", which may be rendered by any of the courts.
La. Rev. Stat. § 13:4204 United States courts; recorded judgments as judicial mortgages
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§4204. United States courts; recorded judgments as judicial mortgages All judgments rendered by United States courts of original jurisdiction in Louisiana, or those registered in accordance with 28 U.S.C. §1963, when recorded in the mortgage records of any parish shall rank as ju…
La. Rev. Stat. § 13:4205 Same; recordation fees
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§4205. Same; recordation fees The same fees allowed by law for the recordation of state judgments shall apply to judgments of the United States Courts.
La. Rev. Stat. § 13:4206 Inability to pay money judgment not contempt
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§4206. Inability to pay money judgment not contempt Failure to obey an order or judgment of court, when such order or judgment is in effect an order or judgment for the payment of money, shall not be construed as a contempt, if it appears that the failure to obey is due to inabil…
La. Rev. Stat. § 13:4207 Maximum delays for decisions on cases under advisement and on applications for new trials and orders of appeal
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§4207. Maximum delays for decisions on cases under advisement and on applications for new trials and orders of appeal If oral reasons for judgment are not rendered in open court and the matter taken under advisement, the district judges and judges of the city courts shall render …
La. Rev. Stat. § 13:4208 Same; judgment and appeal when court not in session
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§4208. Same; judgment and appeal when court not in session When the thirty days herein provided in R.S. 13:4207 expires at a time when the judge is not holding court in the parish wherein the case was tried and submitted, or while the judge is on vacation, the judge shall forward…
La. Rev. Stat. § 13:4209 Decisions by successor judge
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§4209. Decisions by successor judge A. In all cases heard and taken under advisement of the district judge or judges of the city courts, if the judge before whom a case is tried dies, resigns, or is removed from office, or if his term expires before rendering his judgment in the …
La. Rev. Stat. § 13:4210 Penalty for judge's violation of R.S
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§4210. Penalty for judge's violation of R.S. 13:4207 through R.S. 13:4209 All judges mentioned in R.S. 13:4207 through 13:4209 who shall violate those provisions or requirements, relative to the time within which they shall render decisions as aforesaid, shall forfeit one quarter…
La. Rev. Stat. § 13:4211 Application of R.S
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§4211. Application of R.S. 13:4207-13:4210 to all parishes, including Orleans The provisions of R.S. 13:4207 through 13:4210 shall apply to all parishes in the State of Louisiana, including the parish of Orleans. Amended by Acts 1954, No. 286, §1.
La. Rev. Stat. § 13:4231 Res judicata
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§4231. Res judicata Except as otherwise provided by law, a valid and final judgment is conclusive between the same parties, except on appeal or other direct review, to the following extent: (1) If the judgment is in favor of the plaintiff, all causes of action existing at the tim…
La. Rev. Stat. § 13:4232 Exceptions to the general rule of res judicata
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§4232. Exceptions to the general rule of res judicata A. A judgment does not bar another action by the plaintiff: (1) When exceptional circumstances justify relief from the res judicata effect of the judgment; (2) When the judgment dismissed the first action without prejudice; or…
La. Rev. Stat. § 13:4241 Definition
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§4241. Definition In this Part "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state. Acts 1985, No. 464, §1.
La. Rev. Stat. § 13:4242 Filing and status of foreign judgments
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§4242. Filing and status of foreign judgments A copy of any foreign judgment authenticated in accordance with an act of congress or the statutes of this state may be annexed to and filed with an ex parte petition complying with Code of Civil Procedure Article 891 and praying that…
La. Rev. Stat. § 13:4243 Notice of filing
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§4243. Notice of filing A. At the time of the filing of the petition and foreign judgment, the judgment creditor shall file with the court an affidavit setting forth the name and last known address of the judgment debtor and the judgment creditor. B. Promptly upon the filing of t…
La. Rev. Stat. § 13:4244 Stay
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§4244. Stay A. If the judgment debtor proves on contradictory motion that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the tim…
La. Rev. Stat. § 13:4245 Fees
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§4245. Fees Fees for filing and enforcing a foreign judgment shall be as provided by law. Acts 1985, No. 464, §1.
La. Rev. Stat. § 13:4246 Optional procedure
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§4246. Optional procedure The right of a judgment creditor to bring an action to enforce the judgment under Article 2541 of the Code of Civil Procedure is preserved. Acts 1985, No. 464, §1.
La. Rev. Stat. § 13:4247 Short title
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§4247. Short title This Part may be cited as the "Enforcement of Foreign Judgments Act". Acts 1985, No. 464, §1.
La. Rev. Stat. § 13:4248 Foreign protective orders
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§4248. Foreign protective orders A. A copy of any foreign protective order authenticated in accordance with an act of congress or the statutes of this state may be annexed to and filed with an ex parte petition praying that the protective order be made executory in this state. Th…
