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

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • 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
  • 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
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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
  • 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.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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
  • In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • 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 R. See Louisiana Children's Code 1404
  • 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.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • 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.
  • 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.
  • 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