Louisiana Revised Statutes 36:854 – Legal proceedings and documents continued
Terms Used In Louisiana Revised Statutes 36:854
- 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.
- Agency: means and includes the boards, commissions, departments, agencies, offices, officers, and other instrumentalities, or any or all of these, within the executive branch of state government which are abolished by this Title or which are transferred and placed within departments of the state government created and established or continued by this Title or transferred to and placed within the office of the governor as provided by this Title. See Louisiana Revised Statutes 36:3
- 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.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appraisal: A determination of property value.
- 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.
- 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.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Oath: A promise to tell the truth.
- Office: means each principal operational unit within a department, except the executive office of the secretary. See Louisiana Revised Statutes 36:3
- Subpoena: A command to a witness to appear and give testimony.
- Summons: Another word for subpoena used by the criminal justice system.
- Verdict: The decision of a petit jury or a judge.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
A. For purposes of this Section “legal proceeding” includes, but is not limited to, any suit, action, incidental demand or action, claim, and any other matter filed or pending before any court, administrative agency, or other judicial or quasi-judicial body.
B. For purposes of this Section, “document” includes, but is not limited to, any petition, application, exception, motion, rule, answer, incidental demand, citation, notice, return, affidavit, certificate, oath, bond or other security, summons, subpoena, writ, interrogatory, deposition, inventory, appraisal, evidence, court record, instruction, verdict, judgment, order, injunction, confirmation, appointment, warrant, letter, homologation, and any other pleading or instrument whatsoever permitted or required in any legal proceeding.
C. Any legal proceeding to which any agency transferred in accordance with the provisions of this Part is a party and which is filed, initiated, or otherwise pending before any court on the effective date of such transfer, and all documents involved in or affected by said legal proceeding, shall retain their effectiveness and shall be continued in the name of the agency so transferred. All further legal proceedings and documents in the continuation, disposition, and enforcement of said legal proceeding shall be in the name of the original party agency transferred in accordance with the provisions of this Part, and the department to which the original party agency and its functions are transferred shall be substituted for the original party agency without necessity for amendment of any document to substitute the name of the department or the name or title of any office, official, employee, or other agent or representative of the department. Any legal proceeding, and all documents involved in or affected by such legal proceeding, which has been continued in the name of the department after the effective date of the transfer of an agency transferred in accordance with the provisions of this Part and prior to the effective date of this Section, shall retain their effectiveness, and those provisions of this Section requiring that the continuation, disposition, and enforcement of a legal proceeding and documents related thereto shall be in the name of the agency shall not apply to or affect the validity of such legal proceeding.
Acts 1977, No. 83, §1, eff. June 22, 1977.