Louisiana Civil Code 399 – Responsibility for wrongful filing of interdiction petition
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Terms Used In Louisiana Civil Code 399
- Allegation: something that someone says happened.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
A petitioner whose petition for interdiction is denied is liable for resulting damages caused to the defendant if the petitioner knew or should have known at the time of filing that any material factual allegation regarding the ability of the defendant consistently to make reasoned decisions or to communicate those decisions was false.
Acts 2000, 1st Ex. Sess., No. 25, §1, eff. July 1, 2001.