Title 13, Courts and Judicial Procedure

0 chapters · 2,055 sections in this title.

2,055 sectionsFiltered byTitle 13

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. § 13:3277 §§3277 to 3279 Repealed by Acts 1960, No
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§3277. §§3277 to 3279 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
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. § 13:3332 §§3332 to 3347 Repealed by Acts 1960, No
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§3332. §§3332 to 3347 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
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. § 13:3349 Repealed by Acts 1960, No
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§3349. Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
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. § 13:3411 §§3411 to 3414 Repealed by Acts 1960, No
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§3411. §§3411 to 3414 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
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…
La. Rev. Stat. § 13:3442 Compensation of curator
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§3442. Compensation of curator The court shall allow the curator reasonable compensation for his services. Acts 1990, No. 989, §4, eff. Jan. 1, 1991.
La. Rev. Stat. § 13:3443 Accounting by curator
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§3443. Accounting by curator A. A curator shall file an account annually, reckoning from the day of his appointment, and at any other time when ordered by the court on its own motion or on the application of any interested person. B. A curator must file a final account within thi…
La. Rev. Stat. § 13:3444 Small curatorship
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§3444. Small curatorship A. In a small curatorship wherein the absent person's property in Louisiana has a gross value of twenty thousand dollars or less, the court costs shall be one-half the court costs in similar proceedings in larger curatorships, provided the minimum costs i…
La. Rev. Stat. § 13:3445 Appointment and qualification of provisional curator; functions, duties, authority
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§3445. Appointment and qualification of provisional curator; functions, duties, authority A. On the application of an interested person or on its own motion, pending the appointment of a curator for an absent person, the court may appoint a qualified person as provisional curator…
La. Rev. Stat. § 13:3471 Supplementary rules of service of process
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§3471. Supplementary rules of service of process The following rules supplement those governing the service of citation and other legal process in a civil action or proceeding contained in the Code of Civil Procedure: (1)(a) If the foreign corporation or the foreign limited liabi…
La. Rev. Stat. § 13:3472 Service on foreign corporation through secretary of state
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§3472. Service on foreign corporation through secretary of state In any case where service on a foreign corporation may be made through the secretary of state, under any law heretofore or hereafter enacted, such service may be made in person on the secretary of state anywhere in …
La. Rev. Stat. § 13:3473 Repealed by Acts 1986, No
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§3473. Repealed by Acts 1986, No. 238, §1.
La. Rev. Stat. § 13:3474 Operation of motor vehicle by non-resident as appointment of secretary of state as agent for service of process
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§3474. Operation of motor vehicle by non-resident as appointment of secretary of state as agent for service of process The acceptance by non-residents of the rights and privileges conferred by existing laws to operate motor vehicles on the public highways of the state of Louisian…
La. Rev. Stat. § 13:3475 Service on secretary of state; sending or delivering notice and copies; filing receipt or affidavit; continuances
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§3475. Service on secretary of state; sending or delivering notice and copies; filing receipt or affidavit; continuances A. The service of the process authorized by R.S. 13:3474 shall be made by serving a copy of the petition and citation on the secretary of state, or his success…
La. Rev. Stat. § 13:3476 Service by constable or court-appointed officer when service cannot be made by the sheriff; sheriff an interested party
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§3476. Service by constable or court-appointed officer when service cannot be made by the sheriff; sheriff an interested party Whenever the sheriff of any parish shall be interested in any suit or other legal process, or when there shall be no sheriff in office in any parish, or …
La. Rev. Stat. § 13:3477 Inability or refusal of constable or deputy constable to act; employment of sheriff or deputy; appointment of special deputy constable
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§3477. Inability or refusal of constable or deputy constable to act; employment of sheriff or deputy; appointment of special deputy constable In case of the inability or refusal to act on the part of the constable or a duly appointed deputy constable because of relationship, sick…