Sections
Chapter 1 Joinder 641 – 647
Chapter 2 Parties Plaintiff 681 – 700
Chapter 3 Parties Defendant 731 – 743
Chapter 4 Parties to Incidental Demands 771
Chapter 5 Substitution of Parties 801 – 821

Terms Used In Louisiana Codes > Code of Civil Procedure > BOOK I > Title III - Parties

  • Bylaws: means those bylaws established by the Interstate Commission for its governance, or for directing or controlling its actions or conduct. See Louisiana Children's Code 1662
  • 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
  • Compact administrator: means the individual in each compacting state appointed pursuant to the terms of this compact, responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this compact. See Louisiana Children's Code 1662
  • Compacting state: means any state which has enacted the enabling legislation for this compact. See Louisiana Children's Code 1662
  • Conditional discharge: means the physical release of a judicially committed minor from a treatment facility by the director or by the court. See Louisiana Children's Code 1404
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Court: means any court having jurisdiction over delinquent, neglected, or dependent children. See Louisiana Children's Code 1662
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the Louisiana Department of Health. See Louisiana Children's Code 1404
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Deputy compact administrator: means the individual, if any, in each compacting state appointed to act on behalf of a compact administrator pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this compact. See Louisiana Children's Code 1662
  • 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:
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fiduciary: A trustee, executor, or administrator.
  • Formal voluntary admission: means the admission of a minor suffering from mental illness or substance abuse desiring admission to a treatment facility for diagnosis or treatment of such condition, or both, who may be formally admitted upon his written request. See Louisiana Children's Code 1404
  • Interstate Commission: means the Interstate Commission for Juveniles created by Article 1663 of this compact. See Louisiana Children's Code 1662
  • Juvenile: means any person defined as a juvenile in any member state or by the rules of the Interstate Commission, including any of the following:

    (a)  "Accused delinquent" means a person charged with an offense that, if committed by an adult, would be a criminal offense. See Louisiana Children's Code 1662

  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • 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 La. See Louisiana Children's Code 1404
  • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • 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
  • 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
  • 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.
  • Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Recess: A temporary interruption of the legislative business.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • 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.
  • Rule: means a written statement by the Interstate Commission promulgated pursuant to Article 1666 of this compact that is of general applicability, implements, interprets or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the commission, and has the force and effect of statutory law in a compacting state, and includes the amendment, repeal, or suspension or an existing rule. See Louisiana Children's Code 1662
  • State: means a state of the United States, the District of Columbia or its designee, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands. See Louisiana Children's Code 1662
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • 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
  • Summons: Another word for subpoena used by the criminal justice system.
  • superintendent: means a person in charge of a treatment facility or his deputy. See Louisiana Children's Code 1404
  • Testify: Answer questions in court.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • 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.
  • 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