Louisiana Code of Civil Procedure 4732 – Trial of rule; judgment of eviction
Terms Used In Louisiana Code of Civil Procedure 4732
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Lessee: includes a sublessee, whether the person seeking to evict is a lessor or sublessor; and an assignee of a lessee;
"Lessor" includes a sublessor, assignee, or transferee;
"Occupant" includes a sharecropper; half hand; day laborer; former owner; and any person occupying immovable property by permission or accommodation of the owner, former owner, or another occupant, except a mineral lessee, owner of a mineral servitude, or a lessee of the owner;
"Owner" includes a lessee; and
"Premises" includes the land and all buildings and improvements thereon leased by a tenant, or possessed by an occupant. See Louisiana Code of Civil Procedure 4704
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A. The court shall make the rule returnable not earlier than the third day after service thereof, at which time the court shall try the rule and hear any defense which is made.
B. If the court finds the lessor or owner entitled to the relief sought, or if the lessee or occupant fails to answer or to appear at the trial, the court shall render immediately a judgment of eviction ordering the lessee or occupant to deliver possession of the premises to the lessor or owner. The judgment of eviction shall be effective for not less than ninety days.
Acts 2001, No. 24, §1.