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Code of Civil Procedure

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Jurisdiction defined

Jurisdiction over subject matter

Same; cannot be conferred by consent

Same; determination when dependent on amount in dispute or value of right asserted

Same; effect of reduction of claim

Jurisdiction over the person

Repealed by Acts 1997, No. 578, 5.

Jurisdiction over property; in rem

Same; quasi in rem; attachment

Jurisdiction over status

Military personnel

Definition

General rules

Exceptions to general rules

Waiver of objections to venue

Conflict between two or more articles in Chapter

Action against individual who has changed domicile

Certain actions involving property

Action against joint or solidary obligors

Action on offense or quasi offense

Action to establish or disavow filiation

Custody proceedings; support; forum non conveniens

Marriage of persons related by adoption

Marriage of persons; waiver of certain information

Action on an open account or a promissory note

Adult adoption

Actions to seek court approval by parents during marriage

Action on judicial bond

Action on insurance policy

Action on contract

Action against person doing business in another parish

Action against partners of existing partnership

Action to dissolve partnership

Action involving immovable property

Action involving succession

Action to partition community property

Action to partition partnership property

Action involving certain retirement systems and employee benefit programs

Action against domestic corporation; charter revoked by secretary of state

Action involving voting trusts

Repealed

Action brought in improper venue; transfer

Change of proper venue

Forum non conveniens

Forum non conveniens; transfer to city court

Grounds

Disclosures

Recusal on court's own motion

Procedure for recusal of district court judge

Selection of judge to try motion to recuse

Selection of judge after recusal

Recusal of supreme court justice

Recusal of judge of court of appeal

Recusal of ad hoc judge

Recusation of judge of court of appeal

Recusation of judge ad hoc

Inherent judicial power

Appointment of expert witnesses; expenses

Interpreters for deaf and severely hearing-impaired persons

Appointment of interpreter for non-English-speaking persons

Power to adopt local rules; publication

Power of district court to act; signing orders and judgments

Same; judicial proceedings

Power of district court to act in vacation

Power of courts to act during emergencies

Testimony of inmates

Kinds of contempt

Direct contempt

Direct contempt; fingerprinting and photographing; exception

Same; procedure for punishing

Constructive contempt

Same; procedure for punishing

Same; imprisonment until performance

Punishment for contempt

Custodian of court records; certified copies; records public

Issuance of process

Pleadings, documents, and exhibits to be filed with clerk

Pleadings; random assignment of cases

Transfer and reassignment of pending cases

Duty judge exceptions; authority to hear certain matters

Docket and minute books

Deputy clerks and other employees

Minute clerk

Neglect, failure, or refusal of clerk, deputy, or other employee to perform duty subjects him to punishment for contempt

Electronic filing and recording of written instruments

Liability of clerk of court

Certain articles not applicable to Civil District Court for the Parish of Orleans

Acts which may be done by district court clerk

Orders and judgments which may be signed by district court clerk

Judicial powers of district court clerk

Powers of district court clerk may be exercised whether judge absent from parish or not

Powers of district court clerk which may not be exercised by deputy; powers of chief deputy clerk

District court clerk ex officio notary

Functions which district court clerk may exercise on holiday

Executive officer of district court; serves process, executes writs and mandates directed to him by courts

Exercises civil functions only in own parish; exception

Writs executed on holiday

Returns on process served, and writs and judgments executed

Right of entry for execution; may require assistance of others if resistance offered or threatened

Protection and preservation of property seized

Seizure of rents, fruits, and revenue of property under seizure

Power of administration of property under seizure

Disbursements for protection, preservation, and administration of seized property

Collection of fines from, and imprisonment of, persons found guilty of contempt of court

Deputy sheriffs and other employees

Service or execution by constable or marshal

Crier

Neglect, failure, or refusal of sheriff, deputy sheriff, or employee to perform duty subjects him to punishment for contempt

Attorney

Court reporter

Expert appointed by court

Legal representative

Neglect, failure, or refusal of expert or legal representative to perform a legal duty when ordered to do so, subjects him to punishment for contempt of court

Limitation of immunity

Civil action; commencement; amicable demand unnecessary

Personal, real, mixed actions

Implied right to enforce obligation; prematurity

Cause of action as a defense

Preclusion by judgment

Transmission of action and of right to enforce obligation

Action against obligor's heirs or legatees

No abatement on death of party

Cumulation of actions defined

Cumulation by single plaintiff against single defendant

Cumulation, plural plaintiffs or defendants

Improper cumulation, effect

Separate trials of cumulated actions

Repealed by Acts 1983, No. 534, 11.

Suits pending in Louisiana court or courts

Motions to stay in suits pending in Louisiana and federal or foreign court

Abandonment in trial and appellate court

Emergency suspension of abandonment

Prerequisites; maintainable class actions

Certification procedure; notice; judgment; orders

Venue

Class actions; lis pendens

Class actions; forum non conveniens

Dismissal or compromise

Award of expenses of litigation; security for costs

Prescription; suspension

Effect of judgment

Derivative actions; prerequisites

Representation

Procedure

Venue

Petition in shareholder's derivative action

Shareholder's derivative action when not impracticable to join all shareholders, partners, or members

Unincorporated association; definition; applicability

Joinder of parties needed for just adjudication

Determination by court whenever joinder not feasible

Solidary obligees and obligors; joinder

Party plaintiff who refuses or fails to sue

Pleading nonjoinder of a party

Amendment of petition to join a party

Permissive joinder governed by rules of cumulation of actions

Real and actual interest required

Individuals having procedural capacity

Unemancipated minor

Mental incompetent; interdict

Succession

Marital community

Person doing business under trade name

Partnership

Unincorporated association

Domestic corporation; insurer; limited liability company

Foreign corporation; foreign limited liability company; foreign or alien insurance corporation

Corporation, limited liability company, or partnership in receivership or liquidation

Insurer in receivership

Agent

Absent or mentally incompetent managing spouse

Pledgor and pledgee

Subrogor and subrogee

Assignor and assignee

Trust estate

Authority or qualification of plaintiff suing in representative capacity

Individuals having procedural capacity

Unemancipated minor

Mental incompetent; interdict

Succession

Marital community

Person doing business under trade name

Partnership; partners

Unincorporated association; members

Corporation; limited liability company; insurer

Corporation; limited liability company; partnership in receivership or liquidation

Insurer in receivership

Trust estate

Absent or mentally incompetent managing spouse

Rules applicable

Voluntary substitution for deceased party; legal successor

Compulsory substitution for deceased party; summons

Same; service or publication of summons

Same; effect of failure of legal successor to appear

Legal representative; successor

Public officer

Transfer of interest

Rules of Chapter applicable to district courts; rules of other appellate courts applicable

Three modes of procedure; Book II governs ordinary proceedings

Pleadings allowed; replicatory pleadings prohibited

Caption of pleadings; adoption by reference; exhibits

Form of pleading

Pleading special matters; capacity

Same; fraud, mistake, or condition of the mind

Same; suspensive conditions

Same; official document or act

Same; judgment or decision

Same; time and place

Same; special damage

Relief granted under pleadings; sufficiency of prayer

Signing of pleadings; effect

Attorney subject to disciplinary action

Construction of pleadings

Form of petition

Alternative causes of action

Pleading of damages

Exception defined

Kinds of exceptions

Functions of exceptions

Form of exceptions

Objections raised by declinatory exception; waiver

Objections raised by dilatory exception; waiver

Objections raised by peremptory exception

Time of pleading exceptions

Time of trial of exceptions

Evidence on trial of declinatory and dilatory exceptions

Evidence on trial of peremptory exception

Effect of sustaining declinatory exception

Effect of sustaining dilatory exception

Effect of sustaining peremptory exception

Written motion required; exception

Form of written motion

Ex parte and contradictory motions; rule to show cause

Motion to strike

Motion for judgment on pleadings

Motion for summary judgment; procedure

Same; affidavits

Effect of judgment on pleadings and summary judgment

Judgment on pleadings and summary judgment not permitted in certain cases; exception

Motion for judgment on offer of judgment

Special motion to strike

Delay for answering

Answer or other pleading filed prior to signing of final default judgment

Form of answer

Denials

Affirmative defenses

Alternative defenses

Incidental demands allowed

Form of petition

Delay for filing incidental demand

Exceptions and motions

Answer

Jurisdiction; mode of procedure

Action instituted separately

Separate trial; separate judgment

Effect of dismissal of principal action

Words "plaintiff" and "defendant" include plaintiff and defendant in an incidental action

When prescribed incidental or third party demand is not barred

Actions pleaded in reconventional demand; compulsory

Pleading compensation

Service of reconventional demand; citation unnecessary

Additional parties

Reconventional demand exceeding principal demand

Action matured or acquired after pleading

Redesignated to C.C.P. Art. 1041

Cross-claims

Service of cross-claim, citation unnecessary

Additional parties

Third person may intervene

Third person asserting ownership of, or mortgage or privilege on, seized property

Service of petition; citation unnecessary

Intervener accepts proceedings

Defendant may bring in third person

Defendant in reconvention may bring in third person

Effect of failure to bring in third party

Service of citation and pleadings

Defenses of original defendant available to third party defendant

Third party defendant may bring in third person

Amendment of petition and answer; answer to amended petition

Amendment of exceptions

Amendment relates back

Amendment to conform to evidence

Supplemental pleadings

Amended and supplemental pleadings in incidental action

Citation; waiver; delay for service

Form of citation

Citation to legal representative of multiple defendants

Types of service; time of making

Personal service

Same; where made

Domiciliary service

Service on representative

Service on incarcerated person

Service on clerical employees of physicians

Service on individual in multiple capacities

Domestic or foreign corporation

Same; secretary of state

Partnership

Unincorporated association

Political entity; public officer

Limited liability company

Same; service on secretary of state

Service by sheriff

Sheriff's return

Service by private person

Service of copy of exhibit to pleading unnecessary

Service of pleadings subsequent to petition; exceptions

Service by mail, delivery, or electronic means

Same; service by sheriff

Issuance; form

Restrictions on subpoena

Prepayment of fees

Subpoena duces tecum

Service of subpoena

Reissuance of subpoena; service by certified or registered mail

Subpoenas and subpoenas duces tecum for depositions or inspections

Failure to comply with subpoena

Repealed by Acts 1988, No. 515, 7, eff. Jan. 1, 1989.

Proof of statutes

Repealed by Acts 1988, No. 515, 7, eff. Jan. 1, 1989.

Repealed by Acts 1988, No. 515, 7, eff. Jan. 1, 1989.

Repealed by Acts 1988, No. 515, 7, eff. Jan. 1, 1989.

Repealed by Acts 1988, No. 515, 7, eff. Jan. 1, 1989.

Repealed by Acts 1988, No. 515, 7, eff. Jan. 1, 1989.

Signing of discovery requests, responses, or objections

Discovery methods

Scope of discovery; in general

Scope of discovery; records of the Louisiana Bureau of Criminal Identification and Information

Scope of discovery; insurance agreements

Scope of discovery; trial preparation; materials

Experts; pretrial disclosures; scope of discovery

Protective orders

Stay of discovery in civil matters by a district attorney in a related criminal matter

Sequence and timing of discovery

Supplementation of responses

Perpetuation of testimony; petition

Notice and service of petition; perpetuation of testimony

Ex parte order; death or incapacitating illness

Order and examination; perpetuation of testimony

Use of deposition

Deposition after trial

Person before whom deposition taken

Deposition taken in another state, or in a territory, district, or foreign jurisdiction

Stipulations; manner of taking; modification of procedures

Depositions by telephone

Deposition upon oral examination; when deposition may be taken

Notice of examination; time and place; subpoena duces tecum

Special notice

Nonstenographic recordation of testimony

Production of documents and things

Deposition of an organization

Examination and cross-examination; record of examination; oath; objections

Motion to terminate; limit examination

Submission to witness; changes; signing

Certification by officer; custody of deposition; exhibits; copies; notice of availability for inspection or copying; cost of originals and copies of transcripts

Failure to attend or to serve subpoena; expenses

Serving written questions; notice

Taking of testimony; preparation of record; notice of filing

Use of depositions

Objections to admissibility

Effect of taking or using depositions; deposing attorneys of record

Objection to irregularities in notice; waiver

Objections as to disqualification of officer; waiver

Objections, competency of witnesses; relevancy of testimony; manner or form of taking deposition

Objection as to completion and return of deposition

Interrogatories to parties; availability; additional, hearing required

Interrogatories to parties; procedures for use

Interrogatories to parties; scope; use at trial

Option to produce business records

Production of documents and things; entry upon land; scope

Production of documents and things; entry upon land; procedure

Production of documents and things; entry upon land, persons not parties

Order for an additional medical opinion for physical or mental examination of persons

Report of examining physician

Requests for release of medical records

Requests for admission; service of request

Requests for admission; answers and objections

Requests for admissions; effect of admission

Motion for order compelling discovery

Order compelling discovery of medical records

Order compelling discovery of financial records; notice

Failure to comply with order compelling discovery; contempt

Failure to comply with order compelling discovery; sanctions

Failure to admit; expenses

Failure to attend deposition, serve answers or respond to request for inspection

Service of written objections, notices, requests, affidavits, interrogatories, and answers thereto

Affidavit for medical cost; counter affidavit; service

Pretrial and scheduling conference; order

Environmental management orders

Consolidation for trial or other limited purposes

Separate trials of issues of insurance coverage, liability, and damages

Limited admission of liability in environmental damage lawsuits; effect

Assignment by court rule

Written request for notice of trial

Assignment of trials; preference; terminally ill

Discretionary grounds

Peremptory grounds

Motion for continuance

Prevention of continuance by admission of adverse party

Trial of motion; order

Power of court over proceedings; exclusion of witnesses; mistrial

Order of trial

Oath or affirmation of witnesses; refusal to testify

Live trial testimony by video

Cross-examination of a party or person identified with a party

Exceptions unnecessary

Evidence held inadmissible; record or statement as to nature thereof

Completion of trial; pronouncement of judgment

Voluntary dismissal

Involuntary dismissal

Effect of dismissal with or without prejudice

Preliminary default

Confirmation of default judgment

Confirmation of preliminary default without hearing in open court; required information; certifications

Scope of judgment

Confirmation of preliminary default in suits against the state or a political subdivision

Issues triable by jury

Limitation upon jury trials

Demand for jury trial; bond for costs

Fixing the bond; calling the jury venire

Cash deposit; procedure

Specification of issues

Trial of less than all issues; stipulation

Qualification and exemptions of jurors

Procedure in general

Swearing of juror before examination

Examination of juror

Peremptory challenges

Challenges for cause

Time for challenges; method

Challenging or excusing jurors after acceptance

Swearing of jurors; selection of foreman

Alternate jurors

Comment on facts by judge prohibited

Charge to the jury

Instructions to jury; objections

Taking evidence to jury room

Jury request to review testimony

Additional instructions

Number required for verdict

Directed verdicts; motion to dismiss at close of plaintiff's evidence

Repealed by Acts 1983, No. 534, 11.

Motion for judgment notwithstanding the verdict

Special verdicts

General verdict accompanied by answer to interrogatories

Remittitur or additur as alternative to new trial; reformation of verdict

Judgments, interlocutory and final

Repealed by Acts 1990, No. 521, 3, eff. Jan. 1, 1991.

Final default judgment

Judgment of dismissal; effect

Declaratory judgments; scope

Interested parties may obtain declaration of rights, status, or other legal relations

Construction of contract

Interested person may obtain declaration of rights; purpose

Powers enumerated not exclusive

Court may refuse declaratory judgment

Review of judgments and decrees

Supplemental relief; expedited hearing for constitutional determination; effect of pendency of other proceedings

Trial and determination of issue of fact

Parties

Construction

Provisions independent and severable

Uniformity of interpretation

Final judgment; partial final judgment; signing; appeals

Final judgment; multi-parish districts, signing in any parish in the state

Notice of judgment

Interlocutory judgments; notice; delay for further action

Partial final judgment; partial judgment; partial exception; partial summary judgment

Jury cases; compromise agreements; signature of judgment by the court

Findings of the court and reasons for judgment

Form of final judgment

Judgment affecting immovable property; particular description

Costs; parties liable; procedure for taxing

Interest allowed by the judgment

Money judgments; judgment debtor; date of birth; social security number

Amendment of judgment

Granting of new trial

Peremptory grounds

Discretionary grounds

Delay for applying for new trial

Application for new trial; verifying affidavit

Service of notice

Assignment of new trial

Procedure in new trial

Summary decision on motion; maximum delays

Grounds in general

Annulment for vices of form; time for action

Same; action lost through acquiescence

Annulment for vices of substance; peremption of action

Annulment of judgments; effect of appeal

Court where action brought

Revival of judgments

Applicability of Title

Definition of appeal

Judgments appealable

Legal representative may appeal

Limitations on appeals

Right of third person to appeal

Delay for taking devolutive appeal

Divesting of jurisdiction of trial court

Description required of immovable property affected by judgments or decrees

Method of appealing

Appointment or removal of legal representative not suspended by appeal; effect of vacating appointment on appeal

Delay for taking suspensive appeal

Security to be furnished for an appeal

Return day

Notice of extension of return day granted by clerk of trial court

Payment of costs

Record on appeal; preparation

Same; certified and dated

Same; preparation and delivery of transcript

Same; contempt

Same; determination of content

Depositions

Assignment of errors unnecessary; exception

Record on appeal; statement of facts

Same; narrative of facts

Same; correction

Answer of appellee; when necessary

Dismissal for irregularities

Dismissal by consent of parties, or because of lack of jurisdiction or right to appeal, or abandonment; transfer

Peremptory exception filed in appellate court; remand if prescription pleaded

Scope of appeal and action to be taken; costs

Assignment of appellate panels

Appeals deemed abandoned

Rehearing, court of appeal judgment; finality; stay

Rehearing, supreme court judgment; finality; stay

Posting of unpublished opinions; citation

Supervisory writs

Execution only in trial court; appellate court judgment

Delay before proceeding with execution

Writ from clerk to sheriff

Execution by sheriff; return; wrongful seizure

Money judgment; fieri facias

Privilege of creditor on seized property; successive seizures

Notice to judgment debtor; appointment of attorney

Time for seizure; return

Time for seizure; return; city courts in Orleans Parish

Order of sale; sale in globo

Reduction of excessive seizure

Alias fieri facias

Injunction prohibiting sale; damages

Order prohibiting payment of proceeds of sale

Publication of notice of sale

Appraisal

Sale of perishable property

Reading of advertisement and certificates

Superior mortgage or privilege

Minimum price; second offering

Price insufficient to discharge superior privileges; property not sold

Judgment creditor having superior privilege; price insufficient to satisfy inferior mortgage

Judgment debtor and creditor may bid

Payment of debt prior to adjudication

Sale when installment not due

Act of sale by sheriff

Sheriff's return after sale

Effect of adjudication

Sale subject to superior real charge or lease

Distribution of proceeds of sale

Property subject to superior mortgage; payment of price

Purchaser's liability; property subject to inferior mortgages

Release of inferior mortgages, liens, and privileges

Inferior mortgages; payment; reference to proceeds

Enforcement of mortgage or privilege superior to that of seizing creditor

Rights of buyer in case of eviction

Loss of recourse when purchaser fails to give judgment debtor timely notice

Action by seizing creditor who has been compelled to reimburse purchaser

Garnishee; effect of service; financial institutions

Method of service; delay for answering

Effect of garnishee's failure to answer

Notice of answer; traversing

Delivery of property or payment of indebtedness to sheriff

Venue of garnishment proceedings

Garnishment in court other than one which rendered judgment

Examination of judgment debtor and third parties; depositions

Court where motion filed and examination conducted

Motion; order; service

Oath; testimony not used in criminal proceedings

Costs

Contempt

Judgment ordering delivery of possession; writ of possession

Writ of distringas; contempt; damages

Distringas, execution and revocation

Specific performance; court directing performance by third party

Execution of foreign judgments

Grounds for recognition of foreign defamation judgments

Proceedings conducted with rapidity

Use of summary proceedings

Pleadings

Service of process

Trial; decision

Rules of ordinary proceedings applicable; exceptions

Use of executory proceedings

Act importing a confession of judgment

Venue

Petition

Authentic evidence submitted with petition

Authentic evidence

Evidence which need not be authentic

Order for issuance of writ of seizure and sale

Repealed by Acts 2003, No. 1072, §2.

Citation unnecessary; service of demand for payment

Service upon, and seizure and sale prosecuted against, attorney for unrepresented defendant

Assertion of defenses; appeal

Third person claiming mortgage, security interest, or privilege on property seized

Conversion to ordinary proceeding

Proceeding against surviving spouse in community

Proceeding against heirs or legatees

Proceeding against legal representative

Attorney appointed to represent unrepresented defendant

Case falling within application of two or more articles; plaintiff may bring proceeding under any applicable article

Alienation of property to third person disregarded

Rights of third person who has acquired property and assumed indebtedness

Rights of third possessor

Seizure of property; notice

Advertisement of sale

Appraisal of property, unless waived

Articles relating to sales under fieri facias applicable

Seizure and sale of a motor vehicle out-of-state; procedure

Grounds for arresting seizure and sale; damages

Injunction procedure

Security not required in certain cases

Security otherwise required

When deficiency judgment obtainable

Procedure to obtain deficiency judgment

When judgments may be made executory by other courts

Procedure; execution of executory judgment

Injunction to arrest execution of judgment made executory

Definitions

Registration of support orders for modification

Objections to registration of support order for modification

Confirmation of registered support order for modification

Confirmed registered support order for modification; effect

Confirmed registered support order; enforcement

Registration of support orders for enforcement only

Objections to registration of support order for enforcement

Confirmation of registered support order for enforcement

Confirmed registered support order; enforcement

Joinder of actions

Court in which succession opened

Proceedings in different courts; stay; adoption of proceedings by court retaining jurisdiction

Evidence of jurisdiction, death, and relationship

Requirements of affidavit evidence

Additional evidence

No affidavit evidence of factual issues

Costs

Definition of certain terms used in Book VI

Petition for probate

Documents submitted with petition for probate

Purported testament must be filed, though possessor doubts validity

Search for testament

Return to order to search for testament

Probate hearing; probate forthwith if witness present

Proponent must produce witnesses; subpoenas

Ex parte probate if no objection

Proceedings at probate hearing

Olographic testament

Nuncupative testament by private act

Mystic testament

Probate of nuncupative testament by private act; mystic testament, when witnesses dead, absent, or incapacitated

Repealed by Acts 1997, No. 1421, 8, eff. July 1, 1999.

Foreign testament

Depositions of witnesses

Proces verbal of probate

Notarial testament, nuncupative testament by public act, and statutory testament executed without probate

Use of probate testimony in subsequent action

Period within which will must be probated

Contradictory trial required; time to file opposition

Opposition to petition for probate

Proponent bears burden of proof

Admissibility of videotape of execution of testament

Annulment of probated testament by direct action; defendants; summary proceeding

Burden of proof in action to annul

Repealed by Acts 1997, No. 1421, 8, eff. July 1, 1999.

Repealed by Acts 2010, No. 175, §6.

Descriptive list of property, if no inventory

Repealed by Acts 2010, No. 175, §6.

Repealed by Acts 2010, No. 175, §6.

Pleading and service of process

Oppositions

Responsive pleadings to opposition

Appeals

Sending into possession without administration when all heirs are competent and accept

Same; petition for possession

Same; evidence of allegations of petition for possession

Discretionary power to send heirs and surviving spouse into possession

Same; petition for possession; evidence

Same; when one of competent heirs cannot join in petition for possession

Creditor may demand security when heirs sent into possession

Administration in default of security

Sending legatees into possession without administration

Same; petition for possession; evidence

Same; compensation of executor

Creditor may demand security when legatees sent into possession; administration in default of security

Particular legatee may demand security for delivery of legacy; administration in default of security

Judgment rendered and signed immediately

Effect of judgment of possession

Petition for confirmation

Order of confirmation; letters

Appointment of dative testamentary executor

Petition for notice of application for appointment

Form of petition for notice of application for appointment

Notice in compliance with petition

Order on application for appointment

Opposition to application for appointment

Appointment when no opposition; appointment after trial of opposition

Disqualifications

Priority of appointment

Appointment

Security; oath; tenure; rights and duties

Inventory taken or descriptive list filed when appointment made

Attorney appointed as administrator of vacant successions; exceptions

Public administrator as administrator of vacant successions in certain parishes

Notary appointed for inventory in each parish

Public inventory

Proces verbal of inventory

Return of proces verbal of inventory

Proces verbal of inventory prima facie proof; traverse

Descriptive list of property in lieu of inventory

Descriptive list prima facie correct; amendment or traverse; reduction or increase of security

Security of administrator

Security of provisional administrator

Security of testamentary executor

Forced heirs and surviving spouse in community may compel executor to furnish security

Repealed by Acts 2004, No. 158, §2.

Creditor may compel executor to furnish security

Repealed by Acts 1997, No. 1421, 8, eff. July 1, 1999.

Maximum security of executor

Special mortgage in lieu of bond

Oath of succession representative

Issuance of letters to succession representative

Appointment

Duties

Removal; appointment of successor

Compensation

Revocation of appointment or confirmation; extension of time to qualify

Removal

General duties; appointment of agent

Duties and powers of multiple representatives

Powers of surviving representatives

Contracts between succession representative and succession prohibited; penalties for failure to comply

Contracts between succession representative and succession; exceptions

Procedural rights of succession representative

Duty to close succession

Compromise and modification of obligations

Duty to take possession; enforcement of claims and obligations

Preservation of succession property

Deposit of succession funds; unauthorized withdrawals prohibited; penalty

Investment of succession funds

Continuation of business

Continuation of corporation or partnership in which decedent held a majority interest

Continuation of business,; interim order unappealable

Lease of succession property

Execution of contracts

Loans to succession representative for specific purposes; authority to encumber succession property as security therefor

Notice by publication of application for court order; opposition

Presenting claim against succession

Acknowledgment or rejection of claim by representative

Effect of acknowledgment of claim by representative

Effect of inclusion of claim in petition or in tableau of distribution

Submission of formal proof of claim to suspend prescription

Rejection of claim; prerequisite to judicial enforcement

Execution against succession property prohibited

Enforcement of conventional mortgage or pledge

Succession representative as party defendant

Purpose of sale

No priority as between movables and immovables

Terms of sale

Perishable property; crops

Prima facie proof of publication

Issuance of certificates of no opposition

Petition; order

Publication of notice of sale; place of sale

Minimum price; second offering

Petition for private sale

Publication

Who may file opposition

Order; hearing

Bonds and stocks

Court may authorize listing

Household goods

Motor vehicles; sale at appraised value

Court may authorize exchange

Petition for authority to exchange

Copy of petition for authority to be served on heirs and legatees; exception

Publication of notice; opposition; hearing; order

Giving in payment of succession property

Petition

Publication

Hearing; order

Payment of estate debts; court order

Time of payment of estate debts; urgent estate debts

Petition for authority; tableau of distribution

Notice of filing of petition; publication

Petition for notice of filing of tableau of distribution

Notice of filing of tableau of distribution; effect of failure to serve

Homologation; payment

Appeal

Interim allowance for maintenance during administration

Time for filing account

Final account

Contents of account

Failure to file account; penalty

Notice to heirs and residuary legatees

Opposition; homologation

Effect of homologation

Deceased or interdicted succession representative

Amount of compensation; when due

Amount of compensation; limitation when serving as attorney, corporate officer, or managing partner

More than one succession representative

Legacy to executor

After homologation of final tableau of distribution

Prior to homologation of final tableau of distribution

After homologation of final tableau of distribution

Prior to homologation of final tableau of distribution

Judgment of possession

Discharge of succession representative

Effect of judgment of discharge

Reopening of succession

Refusal or inability to accept funds; deposit in bank

Disposition of movables not accepted by heir

Definitions

Scope

Provision for independent administration by testator

Designation of executor but failure to provide for independent administration by testator

Failure to designate an executor

Independent administration when decedent dies intestate

Independent administration when estate is part testate, part intestate

Trusteeships

Usufruct

Interdict or unemancipated minor

Article
3396.10

Survivorship

Article
3396.11

Possibility of renunciation

Article
3396.12

Death of successor

Article
3396.13

Testamentary prohibition of independent administration

Article
3396.14

Security of independent administrator

Article
3396.15

Rights, powers, and duties; performance without court authority

Article
3396.16

Enforcement of claims against estate

Article
3396.17

Accounting

Article
3396.18

Inventory or sworn descriptive list

Article
3396.19

Final account

Article
3396.20

Removal of succession representative and termination of independent administration

Jurisdiction; procedure

Foreign representative; qualification

Capacity to sue

Priority in appointment

Testament probated outside Louisiana

Small successions defined

Court costs; compensation

Small succession immovable property damaged by disaster or catastrophe

Small successions; judicial opening unnecessary

Affidavit for small succession; contents

Affidavit for small succession for a person domiciled outside of Louisiana who died testate; contents

Repealed by Acts 2009, No. 81 , §2, eff. June 18, 2009.

Endorsed copy of affidavit authority for delivery of property

Acceptance without administration; procedure

Administration of successions; procedure

Sale of succession property; publication of notice of sale

Venue; procedure

Partition of succession property

Petition; affidavit; security

Issuance of writ before petition filed

Garnishment under writs of attachment or of sequestration

Return of sheriff; inventory

Reduction of excessive seizure

Dissolution of writ; damages

Release of property by defendant; security

Release of property by plaintiff; security

Amount of security for release of attached or sequestered property

Release of property by third person

Necessity for judgment and execution

Attachment and sequestration; privilege

Release of plaintiff's security

Sale of perishable property

Release not to affect right to damages

Grounds for attachment

Actions in which attachment can issue

Issuance of a writ of attachment before debt due

Plaintiff's security

Nonresident attachment; venue

Grounds for sequestration

Sequestration before rent due

Sequestration by court on its own motion

Plaintiff's security

Lessor's privilege

Release of property under sequestration

Injunction, grounds for issuance; preliminary injunction; temporary restraining order

Preliminary injunction; notice; hearing

Temporary restraining order; affidavit or affirmation of irreparable injury and notification efforts

Governing provisions for issuance of protective orders; grounds; notice; court-appointed counsel

Form, contents, and duration of restraining order

Content and scope of injunction or restraining order

Temporary restraining order; hearing on preliminary injunction

Dissolution or modification of temporary restraining order or preliminary injunction

Registry of temporary restraining order, preliminary injunction or permanent injunction

Damages for wrongful issuance of temporary restraining order or preliminary injunction

Proof at hearings; affidavits

Security for temporary restraining order or preliminary injunction

Penalty for disobedience; damages

Appeals

Jurisdiction not limited

Petitory action

Same; parties; venue

Same; proof of title; immovable

Proof of title in action for declaratory judgment, concursus, expropriation, or similar proceeding

Possessory action

Same; parties; venue

Same; cumulation with petitory action prohibited; conversion into or separate petitory action by defendant

Same; requisites

Same; disturbance in fact and in law defined

Same; possession

Same; title not at issue; limited admissibility of evidence of title

Same; relief which may be granted successful plaintiff in judgment; appeal

Sequestration; injunctive relief

Mineral rights asserted, protected and defended as other immovables

When mineral right owner may assert possessory action

Loss of right to bring possessory action by owner of mineral right

When proof of nonuse required in possessory action against owner of mineral right

When proof of nonuse not required in possessory action against claimant of mineral right

Possessory action unavailable between owner of mineral servitude and owner of dependent mineral royalty

Real actions against mineral lessee unavailable to mineral lessor or possessor bound by lease

Real actions involving mineral rights subject to other provisions governing real actions generally

Boundary action

Appointment of surveyor by court; duties of surveyor

Evidence; judgment

Methods of enforcing mortgage

Enforcement by ordinary proceeding

Enforcement by executory proceeding

Right of enforcement

Notice of seizure

Rights of third possessor

Notice to be recorded to affect third persons

Requirements of notice; recordation

Cancellation of notice of pendency

Petition; summary trial; issuance of writs

Return date

Answer

Hearing

Disobedience of writ or judgment; contempt

Definition

Venue

Persons authorized to make service; proof of service

Method of service

Answer; production of person in custody

Transfer of custody; answer

Inability to produce person in custody

Custody pendente lite

Notice of hearing

Judgment

Appeal not to suspend execution of judgment; delay

Definition

Mandamus; issuance of

Person against whom writ directed

Mandamus against corporation or corporate officer; limited liability company or member or manager

Alternative writ

Judgment

Definition

Judgment

Court where action brought; nullity of judgment of court of improper venue

Appeal from judgment granting or refusing annulment or divorce

Appeal from judgment awarding, modifying, or denying custody, visitation, or support

Injunctive relief in divorce actions; bond not required in certain cases

Incidental order of temporary child custody; injunctive relief; exceptions

Execution of support and claims for contributions awards in arrears

Name confirmation

Petition for divorce

Rule to show cause and affidavit

Nullity of judgment

Abandonment of action

Service of petition

Evidence of facts in divorce action

Waiver of service of petition and rule to show cause and accompanying notices

Voluntary dismissal

Petition for judicial emancipation

Petition requirements

Venue for judicial emancipation

Emancipation hearing

Judgment of limited emancipation

Appeal

Modification or termination of emancipation

Recordation

Minor domiciled in the state

Minor not domiciled in the state

Petitions filed in two or more courts; stay of proceedings in second and subsequent courts; adoption of proceedings by first court

Proceedings subsequent to appointment of tutor

Natural tutor; general obligations

Natural tutor; action for damages on behalf of child

Tutorship by will

Legal tutor

Dative tutor

Legal or dative tutor; petition for appointment; publication of notice

Opposition to application of legal or dative tutor

Appointment of legal or dative tutor

Appeal from judgment confirming, appointing, or removing tutor or undertutor; effect

Separate tutor of property

Provisional tutor

Security, oath, and tenure of provisional tutor

Inventory or detailed descriptive list on appointment of provisional tutor

Functions, duties, and authority of provisional tutor

Inventory and appraisement or descriptive list

Procedure for inventory; proces verbal; return

Amount

Nature of security

Special mortgage instead of bond

Natural tutor; bond; recordation of certificate of inventory or detailed descriptive list

Security instead of legal mortgage

Substitution of one kind of security for another

Subordination of legal mortgage to conventional mortgage

Oath

Issuance of letters

Appointment; oath

General duties of undertutor

Compelling tutor to account

Security of tutor, undertutor's duty regarding sufficiency

Vacancy in tutorship, duty of undertutor

Termination of duties

Disqualification of tutor

Revocation of appointment; extension of time to qualify

Resignation of tutor

Removal of tutor

Authority and liability of tutor after resignation or removal

Undertutor, grounds for disqualification, revocation, or removal

Appointment of successor tutor or undertutor

Heirs of tutor; responsibility

Care of person of minor; expenses

Administration of minor's property

Contracts between tutor and minor

Tutor's administration in his own name; procedural rights

Compromise and modification of obligations

Continuation of business

Loans to tutor for specific purposes; authority to mortgage and pledge minor's property

Lease of minor's property; mineral contracts

Investment and management of minor's property

Placement of minor's property in trust

Procedure for investing, reinvesting, or withdrawing funds; checking account on behalf of minor

Court approval of action affecting minor's interest

Court approval of payments to minor

Appointment of agent

Compensation of tutor

Donations to or by minor

Purpose of sale or exchange

Terms of sale

Perishable property; crops

Additional bond prior to sale of immovables

Petition; order

Publication; place of sale

Minimum price; subsequent offering

Petition

Bonds and stocks

Adjudication of minor's interest to parent co-owner

Recordation of judgment; mortgage in favor of minor

Security instead of mortgage

Petition for authority to exchange

Duty to account; annual accounts

Final account

Contents of account

Service of account

Opposition; homologation

Effect of homologation

Deceased or interdicted tutor

Cost of accounting

Foreign tutor; authority and powers

Possession or removal of property from state

Foreign tutor qualifying in Louisiana; authority

Small tutorship defined

Inventory dispensed with

Tutor without bond

Court costs

Father or mother as administrator of minor's property

Repealed

Payments to minor

Repealed

Petition for interdiction

Venue

Service upon defendant and notice to interested persons

Appointment of attorney

Appointment of examiner

Fixing of hearings or trial

Hearing

Burden of proof

Temporary and preliminary interdiction; attorney

Costs and attorney fees

Judgment

Recordation of notice of suit and judgment

Post-judgment proceedings

Modification or termination of interdiction

Appeal

Ancillary interdiction procedure

Appointment of curator

Qualification of curator

Inventory and security

Letters of curatorship

Undercurators

Management of affairs of the interdict

Expenses of interdict and legal dependents

Removal of curator or undercurator

Post-judgment monitoring and reporting

Cause of action for visitation with the interdict

Methods of partition

Judicial partition

Same; procedure; venue

Inventory

Preference; appointment of notary; discretion of court

Partition in kind

Partition by licitation or by private sale

Controversy before notary effecting partition

Homologation of partition

Opposition to homologation

Supplementary partition when rule to reject or opposition to homologation sustained

Finality of partition when rule to reject or opposition unfounded

Attorney's fee in uncontested proceedings

Purchase by co-owner of property or interest sold

Partition by licitation or private sale

Petition

Order; service of citation; contradictory proceedings

Publication of notice

Trial; judgment ordering sale

Judgment ordering reimbursement or payment of amounts due co-owner out of proceeds of public sale

Judgment ordering reimbursement or payment of amounts due co-owner and payment and allocation of costs of private sale out of proceeds of sale

Effect of judgment and sale

Deposit of absentee's share into registry of court

Articles applicable to partition by licitation or private sale

Partition in kind when defendant appears and prays therefor

Sale of interest of minor or interdict to effect partition

Partition in kind, dispensing with drawing of lots when authorized by court

Appointment of attorney for incompetent when interests conflict

Definition

Claimants who may be impleaded

Parish where proceeding brought

Petition

Service of process; delay for answer

Each defendant both plaintiff and defendant; no responsive pleadings to answer; no default required

Failure of defendant to answer timely

Notice to attorney general when the state is a defendant

Deposit of money into registry of court

Costs

Injunctive relief

Applicability of articles to proceedings under certain special statutes

Rules of ordinary proceeding applicable

Termination of lease; notice to vacate; waiver of notice

Notice to occupant other than tenant to vacate

Delivery or service when premises abandoned or closed, or whereabouts of tenant or occupant unknown

Definitions

Lessors' rights or real actions not affected

Rule to show cause why possession should not be delivered; abandonment of premises

Trial of rule; judgment of eviction

Warrant for possession if judgment of eviction not complied with

Execution of warrant

Appeal; bond

Applicability of Book VIII

Trial courts of limited jurisdiction

Subject matter jurisdiction

Parish court jurisdiction; amount in dispute; injunctive actions by a political subdivision

City court jurisdiction; amount in dispute; injunctive actions by state or political subdivision

Amount in dispute; eviction proceedings

Amount in dispute; jurisdiction of incidental demands; parish, city, and justice of the peace courts; payment of costs of transfer

Limitations upon jurisdiction; nature of proceedings

Limitations upon jurisdiction

Contempt power

Jurisdiction over the person

Jurisdiction in rem or quasi in rem; executory proceedings

City Court of Alexandria; in rem and quasi in rem jurisdiction

First City Court and Second City Court of New Orleans; appellate jurisdiction

Venue

Change of venue; city court; forum non conveniens

Repealed by Acts 1986, No. 156, 3.

Repealed by Acts 1986, No. 156, 3.

Traffic Court of New Orleans; appellate jurisdiction

Recusal of judges

Motion to recuse

Determination of recusal; appointment of judge ad hoc

Appointment of judge ad hoc after recusal

Appointment of judge ad hoc in event of temporary inability of parish or city court judge to preside

Power and authority of judge ad hoc

Jury trial prohibited

Transfer to district court

Transfer to district court; procedure; contest; effect

Withdrawal of demand for jury trial after transfer

Entire suit transferred

Pleadings in parish and city courts

Citation in parish and city courts

Delay for answering in parish and city courts

Final default judgment in parish and city courts

Notice of judgment in parish or city courts

Form of judgment in parish or city courts

New trials; delay in parish or city courts

New trial; procedure in parish or city courts

Jurisdiction in justice of the peace courts; concurrent with district court; amount in dispute

Possession or ownership of movable property; eviction proceedings; justice of the peace courts

Limitations upon jurisdiction; nature of proceedings; justice of the peace courts

Contempt power; justice of the peace courts

Jurisdiction over the person; justice of the peace courts

Venue; justice of the peace courts

Pleadings; justice of the peace courts; district courts with concurrent jurisdiction

Record of the case; subsequent entries; justice of the peace courts; district courts with concurrent jurisdiction

Citation; service of citation; justice of the peace courts; district courts with concurrent jurisdiction

Delay for answering; justice of the peace courts; district courts with concurrent jurisdiction

Final default judgment; justice of the peace courts; district courts with concurrent jurisdiction

Demand for trial; abandonment; applicability

Duties of the justice of the peace; trial procedure; rules of evidence; depositions

Notice of judgment; justice of the peace courts; district courts with concurrent jurisdiction

Form of judgment; justice of the peace courts; district courts with concurrent jurisdiction

Appeals from justice of the peace courts; district courts with concurrent jurisdiction

Delay for appeal; justice of the peace courts; district courts with concurrent jurisdiction

Appeals from city and parish courts

Delay for appeal

Procedure for appealing

Repealed by Acts 1986, No. 156, 3.

Procedure

Liberal construction of articles

Unambiguous language not to be disregarded

Words and phrases

Clerical and typographical errors disregarded

Number; gender

Conjunctive, disjunctive, or both

Headings, source notes, cross references

References to code articles or statutory sections

Computation of time

Appointment; contradictory proceedings against attorney; improper designation immaterial

Appointment of attorney in disavowal actions

Curator ad hoc in adoption cases

Qualifications; suggestions for appointment not permitted

Oath not required; waiver of citation and acceptance of service

Duties; notice to nonresident or absentee

Same; defense of action

Compensation

Attorney appointed to represent claimant in worker's compensation case

Validity of proceeding not affected by failure of attorney to perform duties; punishment of attorney

Bond payable to clerk; cash bonds by plaintiffs authorized; person in interest may sue

Bond secured by immovable property

Oath of surety and principal on bond

Testing sufficiency and validity of bond

Furnishing new or supplemental bond to correct defects of original

Insufficiency or invalidity of bond; effect on orders or judgments; appeal from order for supplemental bond

Insufficiency or invalidity of new or supplemental bond

Release bond

Discussion defined

Surety's right to plead

Transferee in revocatory action; right to plead discussion

Third possessor's right to plead

Pleading discussion

Effect of discussion

Privilege of litigating without prior payment of costs

Restrictions on privilege

Affidavits of poverty; documentation; order

Traverse of affidavits of poverty

Rights of party permitted to litigate without payment of costs

Account and payment of costs

Compromise; dismissal of proceedings prior to judgment

Unsuccessful party condemned to pay costs

Words and terms defined