Sections
Section 1 One Year Prescription 3492 – 3493
Section 1-A Two-Year Prescription 3493.10
Section 2 Three Year Prescription 3494 – 3496.2
Section 3 Five Year Prescription 3497 – 3498
Section 4 Ten Year Prescription 3499 – 3501.1
Section 5 Thirty Year Prescription 3502
Section 6 Interruption and Suspension of Liberative Prescription 3503 – 3504
Section 7 Extension of Liberative Prescription 3505 – 3505.4

Terms Used In Louisiana Codes > Civil Code > PRELIMINARY TITLE > Title XXIV > Chapter 4 - Liberative Prescription

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Applicable payee: means the spouse, the tutor or custodian of the child, the court-approved fiduciary of the spouse or child, or the department in a FITAP case or in a non-FITAP case in which the department is rendering services as designated by the court to be the payee. See Louisiana Children's Code 1351
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Caretaker: means any person legally obligated to provide or secure adequate care for a child, including a parent, tutor, guardian, legal custodian, foster home parent, or other person providing a residence for the child. See Louisiana Children's Code 1404
  • Child: means a person under the age of eighteen or an eighteen year old who is a full-time student in a secondary school and who is dependent on either parent. See Louisiana Children's Code 1351
  • Contract: A legal written agreement that becomes binding when signed.
  • Criminal neglect of family: means the desertion or intentional nonsupport by a spouse of his or her spouse who is in destitute or necessitous circumstances or by either parent of his minor child who is in destitute or necessitous circumstances. See Louisiana Children's Code 1351
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the Louisiana Department of Health. See Louisiana Children's Code 1404
  • Department: means the Department of Children and Family Services. See Louisiana Children's Code 1351
  • Diagnosis: means the art and science of determining the presence of disease in an individual and distinguishing one disease from another. See Louisiana Children's Code 1404
  • Discharge: means the full or conditional release from a treatment facility of any minor admitted or otherwise detained under this Title. See Louisiana Children's Code 1404
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Family psychiatric mental health nurse practitioner: means an individual who maintains the credentials as such and meets the requirements of a "psychiatric mental health nurse practitioner" as provided in R. See Louisiana Children's Code 1404
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Jurisprudence: The study of law and the structure of the legal system.
  • Legal custody: means a legal status created by court order that vests in a custodian the right to have physical custody of the child and the right and duty to protect, train, and discipline and to provide food, shelter, education, and ordinary medical care, all subject to any residual parental rights and responsibilities. See Louisiana Children's Code 1511
  • Mental Health Advocacy Service: means a service established by the state of Louisiana for the purpose of providing legal counsel and representation for persons with mental disabilities and for children and to ensure that their legal rights are protected. See Louisiana Children's Code 1404
  • MHAS: means Mental Health Advocacy Service, as established by R. See Louisiana Children's Code 1404
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Patient: means any person detained and taken care of as a person with mental illness or person suffering from substance abuse. See Louisiana Children's Code 1404
  • Person with mental illness: means any person with a psychiatric disorder which has substantial adverse effects on his ability to function and who requires care and treatment. See Louisiana Children's Code 1404
  • Physical custody: means the duty and authority to provide care for a child in the home of the custodian. See Louisiana Children's Code 1511
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Psychologist: means an individual licensed to practice psychology in Louisiana in accordance with R. See Louisiana Children's Code 1404
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Respondent: means a person alleged to be mentally ill or suffering from substance abuse and for whom an application for commitment to a treatment facility has been filed. See Louisiana Children's Code 1404
  • Restraint: means the partial or total immobilization of any or all of the extremities or the torso by mechanical means for psychiatric indications. See Louisiana Children's Code 1404
  • Seclusion: means the involuntary confinement of a patient alone in a room, which the patient is physically prevented from leaving, for any period of time, except that seclusion does not include the placement of a patient alone in a room or other area for no more than thirty minutes at a time and no more than three hours in any twenty-four hour time period pursuant to behavior-shaping techniques such as "time-out". See Louisiana Children's Code 1404
  • Service of process: The service of writs or summonses to the appropriate party.
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Substance abuse: means the condition of a person who uses narcotic, stimulant, depressant, soporific, tranquilizing, or hallucinogenic drugs or alcohol to the extent that it renders the person dangerous to himself or others or renders the person gravely disabled. See Louisiana Children's Code 1404
  • superintendent: means a person in charge of a treatment facility or his deputy. See Louisiana Children's Code 1404
  • Testify: Answer questions in court.
  • Treatment: means an active effort to accomplish an improvement in the mental condition or behavior of a patient or to prevent deterioration in his condition or behavior. See Louisiana Children's Code 1404
  • Treatment facility: means any public or private hospital, retreat, institution, mental health center, or facility licensed by the state of Louisiana in which any mentally ill minor or minor suffering from substance abuse is received or detained as a patient except a facility under the control or supervision of the Department of Public Safety and Corrections unless otherwise provided in Title VIII of this Code. See Louisiana Children's Code 1404
  • Trustee: A person or institution holding and administering property in trust.
  • Verdict: The decision of a petit jury or a judge.
  • Voluntary transfer of custody: is a parent's knowing and voluntary relinquishment of legal custody to an agency, institution, or individual, subject to residual parental rights retained by the parent and under such terms and conditions that enable the child to receive adequate care and treatment. See Louisiana Children's Code 1511