Louisiana Code of Civil Procedure 3005 – Same; petition for possession; evidence
Terms Used In Louisiana Code of Civil Procedure 3005
- 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.
- Allegation: something that someone says happened.
- Intestate: Dying without leaving a will.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
The petition of the heirs for possession under Article 3004 shall include allegations as to: the competency of the petitioners; the date of death of the intestate, and all other facts on which the jurisdiction of the court is based; and the facts showing that petitioners and the incompetent heirs named in the petition, if any, are the sole heirs of the intestate.
The petition of the surviving spouse in community for possession under Article 3004 shall include all of the pertinent allegations of Article 3002.
The allegation of the petition for possession shall be verified by the affidavit of at least one of the petitioners.
The allegations of the petition for possession shall be proved as provided in Article 3003.
Amended by Acts 1979, No. 711, §3, eff. Jan. 1, 1980.