Fill and Sign the Packet Concerning the Appointment of Representation for Absent Defendant Louisiana Form

[Note: Selection of the proper form and its use and modification to suit individual facts and circumstances requires careful review of all the language by the user.] Form No. 16.1 Motion and Order for Appointment of Attorney to Represent Absent Defendant Since this court has jurisdiction over the status involved in this action and because the defendant is an absentee who has not been served with process, and who ______________________________ , plaintiff is entitled to have an attorney at law appointed to represent the defendant. Plaintiff certifies that all fees required by local rules for the court appointed attorney have been paid in advance. * * * WHEREFORE, plaintiff prays: A. That an attorney at law be appointed to represent the defendant in this proceeding; * * * IT IS ORDERED that: ______________________________ is appointed to represent the absent defendant in this action and citation to the defendant shall be served on him. Form No. 16.2 Petition for Notice of Application for Appointment as Curator of Absent Person * * * PETITION FOR NOTICE OF FILING OF PETITION FOR APPOINTMENT AS CURATOR The petition of ______________________________ , who is domiciled in _______________ Parish, respectfully represents: 1. _______________ , is an absent person who was domiciled in this Parish at the time his absence commenced. 2. Petitioner is interested in this matter for the following reasons. 3. The notice requested by this petition should be sent to the following person at the mailing address set forth below: WHEREFORE, petitioner prays that notice of the filing of a petition for appointment as curator of the absent person, ____________________ , be mailed to petitioner at the address listed above. ______________________________ Attorney for Petitioner Form No. 16.3 Petition for Appointment of Curator for Absent Person * * * PETITION FOR APPOINTMENT OF CURATOR FOR ABSENT PERSON The petition of __________ who is domiciled in _______________ Parish, respectfully represents: 1. _______________ , is an absent person who was domiciled in this Parish at the time his absence commenced. An affidavit establishing jurisdiction and relationship is attached to this petition. 2. __________ was last seen on __________ and he has not been seen since. He has no representative in this state and his whereabouts are not known and cannot be ascertained by diligent effort. 3. Petitioner is the spouse of the absent person and is thus given first priority in the appointment of a curator. Other persons eligible to be appointed as curator are listed in the affidavit attached to this petition. 4. __________ owns immovable and movable property in this parish and it is necessary to appoint a person to make a detailed descriptive list of his property as required by law. WHEREFORE, petitioner prays that: A. The Court set a date and time for the hearing of this application for appointment; B. Notice of this application for appointment be published according to law; C. The Court order the filing of a detailed descriptive list of the property of the absent person; and D. Petitioner be appointed and allowed to qualify as curator of the absent person after compliance with the requirements of law. Form No. 16.4 Motion and Order to Stay Proceedings MOTION AND ORDER TO STAY PROCEEDINGS On motion of ____________________ , through undersigned counsel, and on suggesting to the Court that: 1. On __________ , 20 _____ , mover filed a petition to be appointed curator for _______________ , in the _____ Judicial District Court, Parish of _______________ . A certified copy of this petition is attached to this motion as an exhibit. 2. On _______________ , 20 _____ , a petition for appointment was filed in this Court by __________ . 3. Under LSA  13:3422 the court in which the petition was first filed has jurisdiction to determine the issues and the proceedings in this Court should be stayed. IT IS ORDERED that __________ show cause on the _____ day of _______________ , 20 _____ , at _____ a.m. why all further proceedings in this matter should not be stayed. ORDERED AND SIGNED, this _____ day of _______________ , 20 _____ , in _______________ , Louisiana. _________________________ Judge * * * ORDER TO STAY PROCEEDINGS The rule to show cause why this matter should not be stayed was heard today. Present: ____________________ , attorney for mover, and ____________________ , attorney for defendant - in - rule. The court after hearing the evidence, determined that the petition in the _____ Judicial District Court, Parish of _______________ , was filed before the petition in this Court was filed: IT IS ORDERED that all further proceedings in the above-entitled matter be stayed. ORDERED AND SIGNED, this _____ day of _______________ , 20 _____ , in _______________ , Louisiana. __________________________ Judge Form No. 16.5 Affidavit of Jurisdiction and Relationship * * * AFFIDAVIT OF JURISDICTION AND RELATIONSHIP State of Louisiana) ) Parish of __________ ) BEFORE ME, the undersigned Notary Public, personally appeared and __________ , who after being duly sworn did swear that they knew __________ and, to the best of their knowledge and belief, he has no representative in this state and his whereabouts are not known and cannot be ascertained with reasonable diligence. Affiants further declare that the absent person was domiciled in the Parish of _______________ , State of Louisiana at the time his absence commenced. Affiants further declare that the petitioner applying for appointment as curator of the absent person is related to the absent person as follows: _______________ . Affiant Affiant SWORN TO AND SUBSCRIBED, before me, this _____ day of _______________ , 20 _____ . Notary Public Form No. 16.6 Affidavit of Eligibility for Appointment * * * AFFIDAVIT OF ELIGIBILITY FOR APPOINTMENT State of Louisiana) ) Parish of __________ ) BEFORE ME, the undersigned Notary Public, personally appeared ____________________ , who solemnly swears that he is the petitioner in the above captioned suit and that, to the best of his knowledge, the following persons are eligible for appointment as curator: ____________________ . Affiant SWORN TO AND SUBSCRIBED, before me, this _____ day of _______________ , 20 _____ . ___________________________ Notary Public Form No. 16.7 Order Setting Hearing and Requiring Detailed Descriptive List * * * ORDER Considering the allegations of the foregoing petition and the supporting affidavits: IT IS ORDERED that: A. __________ prepare and file a detailed descriptive list of all the property of the absent person as required by law. B. Notice of the application of the petitioner for appointment as curator be published in accordance with law and a copy of this petition be mailed to those persons required by law to receive notice. C. A hearing on the appointment of a curator for the absent person be held at _____ A.M. on the _____ day of _______________ , 20 _____ . ORDERED AND SIGNED, this _____ day of _______________ , 20 _____ , in _______________ , Louisiana. Judge Form No. 16.8 Certified Letter to Relations * * * Dear ____________________ : Enclosed is a copy of a petition for the appointment of a curator for the absent person, ____________________ . Any opposition to this application for appointment must be filed prior to the hearing set by the court in the order attached to the enclosed petition. Sincerely, Attorney at Law Enclosure Certified Mail No. __________ Return Receipt Requested Form No. 16.9 Certificate of Mailing Notice * * * CERTIFICATE OF MAILING NOTICE State of Louisiana) ) Parish of __________ ) BEFORE ME, the undersigned Notary Public, personally appeared __________ , who solemnly swears that certified letters, containing a copy of the application for appointment as curator in the above entitled case with the order setting the date and hour of the hearing, were mailed on __________ to the following persons as appears from the attached letters of transmittal, receipt for certified mail, and return receipt: ____________________ . Affiant SWORN TO AND SUBSCRIBED, before me, this _____ day of _______________ , 20 _____ . _______________________ Notary Public Form No. 16.10 Publication of Notice of Application [INSERT CAPTION OF SUIT] NOTICE IS GIVEN that ____________________ has filed a petition in the above entitled matter to be appointed curator of the absent person _______________ , and that a hearing on the application for appointment will be held on the _____ day of _______________ , 20 _____ . An opposition to this application must be filed in this Court prior to the hearing. Form No. 16.11 Certificate of Publication and of No Opposition * * * CERTIFICATE OF PUBLICATION AND OF NO OPPOSITION State of Louisiana) ) Parish of __________ ) BEFORE ME, personally appeared _______________ , a deputy clerk of this court, who being by me duly sworn, deposed and said that notice of the application of _______________ to be appointed curator of the absent person __________ , in the above entitled matter, was published on __________ , in the ____________________ , a newspaper published in the City of _______________ ; and that no opposition to this application for appointment has been filed. Deputy clerk SWORN TO AND SUBSCRIBED, before me, this _____ day of _______________ , 20 _____ . ___________________________ Notary Public Form No. 16.12 Opposition to Appointment as Curator * * * OPPOSITION Now into court comes, ____________________ , who is domiciled in Parish, for the purpose of opposing the application of _______________ for appointment as curator of ____________________ . 1. ____________________ is not an absent person, in that his whereabouts are known, and thus he does not need a curator appointed to administer his estate. 2. Petitioner should not be appointed as curator because _______________ appointed _______________ as his representative to administer his estate in his absence. 3. Petitioner should not be appointed as curator because _______________ is deceased and thus it is necessary to open succession proceedings. 4. Opponent is the spouse, not judicially separated, of the absent person and thus has a prior right to appointment over petitioner. 5. Petitioner should not be appointed as curator because petitioner is disqualified as a matter of law for the following reason: _______________ . WHEREFORE, opponent prays that: A. Petitioner's application for appointment be dismissed, at his costs. B. ____________________ be appointed as curator for the absent person. Form No. 16.13 Petition Filing Detailed Descriptive List and Requesting Appointment as Curator and Undercurator * * * PETITION FILING DETAILED DESCRIPTIVE LIST AND REQUESTING APPOINTMENT AS CURATOR AND UNDERCURATOR The petition of ____________________ , who is domiciled in _______________ Parish, respectfully represents: 1. As appears from the certificate of publication of notice and of no opposition, and the certificate of mailing notice filed in the record of these proceedings, petitioner is entitled to be appointed curator of the absent person, and to have letters of curatorship issued to him after he has furnished the security required by this court and has taken the oath of office. 2. Petitioner attaches a detailed descriptive list of all property of the absent person as ordered by this court. 3. ____________________ , is a responsible person suitable for appointment as undercurator. WHEREFORE, petitioner prays that: A. Petitioner be appointed curator, and B. ____________________ be appointed as undercurator. * * * DETAILED DESCRIPTIVE LIST State of Louisiana) ) Parish of __________ ) BEFORE ME personally appeared petitioner, _______________ , who after being duly sworn did depose and say that: In accordance with the provisions of law, petitioner presents to the court the following detailed descriptive list of all items of property belonging to the absent person, showing the location and the fair market value of each item. ITEM OF PROPERTY AND LOCATION FAIR MARKET VALUE OF PROPERTY Immovable property (list) Movable property (list) TOTAL VALUE OF PROPERTY The following is a list of all debts and liabilities of the estate of the absent person, to the best of my knowledge and belief: (List debts here) TOTAL DEBTS $ __________ RECAPITULATION Total assets of the absent person. Total debts of the absent person. TOTAL NET ESTATE _______________________ Affiant SWORN TO AND SUBSCRIBED before me this _____ day of _______________ , 20 _____ . ______________________ Notary Public Form No. 16.14 Order Appointing Curator and Undercurator and Fixing Security * * * ORDER APPOINTING CURATOR This matter was heard on ____________________ , and the Court after considering the pleadings, the detailed descriptive list, the affidavits and certificates filed in this proceeding, and after finding that the law and evidence favors the appointment of a curator for the absent person: IT IS ORDERED that: A. __________ is appointed as the curator of the absent person, ____________________ , and letters of curatorship are ordered issued to him after he has furnished security and taken the oath of office. B. The security to be furnished by the curator in qualifying as curator of this absent person is fixed at the sum of ____________________ , which the court considers sufficient for the protection of the absent person. The form of the security shall be ____________________ . C. ____________________ is appointed as undercurator of the absent person. D. Costs of this proceeding are to be paid out of the estate of the absent person. ORDERED AND SIGNED, this _____ day of _______________ , 20 _____ , in _______________ , Louisiana. _________________________ District Judge Form No. 16.15 Oath of Curator * * * OATH OF CURATOR State of Louisiana) ) Parish of __________ ) BEFORE ME, the undersigned Notary Public, personally appeared ____________________ , who solemnly swears that he will discharge faithfully the duties of the office of curator of the absent person, _______________ . Curator SWORN TO AND SUBSCRIBED, before me this _____ day of _______________ , 20 _____ . _________________________ Notary Public Form No. 16.16 Oath of Undercurator * * * OATH OF UNDERCURATOR State of Louisiana) ) Parish of __________ ) BEFORE ME, the undersigned Notary Public, personally appeared ____________________ , who solemnly swears that he will discharge faithfully the duties of the office of undercurator of the absent person, _______________ . Undercurator SWORN TO AND SUBSCRIBED, before me this _____ day of _______________ , 20 _____ . ___________________________ Notary Public Form No. 16.17 Letters of Curatorship * * * LETTERS OF CURATORSHIP THIS CERTIFIES that ____________________ has been appointed curator of the absent person _______________ , by the _____ Judicial District Court for the Parish of _______________ , State of Louisiana, in the matter entitled "Curatorship of the Absent Person ____________________ , " Docket No. __________ ; and that he has qualified for the office by complying with all of the requirements of law. IN WITNESS WHEREOF, the Letters of Curatorship are issued in the name and under the seal of the _____ Judicial District Court for the Parish of _______________ , State of Louisiana, this _____ day of _______________ , 20 _____ . _________________________ Deputy Clerk [Seal]