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Issue: Under Article 72 of the Louisiana Civil Code of Procedure, what is the standard for determining venue in a writ of sequestration?
| Area of Law: | Litigation & Procedure |
| Keywords: | Venue; Writ of sequestration |
| Jurisdiction: | Louisiana |
| Cited Cases: | 767 So. 2d 712 |
| Cited Statutes: | La. Civ. Code Proc. Art. 72, 42; C.C.P. Art. 45 |
| Date: | 12/01/2013 |
Under Article 72, “[a]n action in which a sequestration is sought, or an action to enforce a mortgage or privilege by an ordinary proceeding, may be brought in the parish where the property, or any portion thereof, is situated.” La. Civ. Code Proc. Art. 72. Article 72 does not establish exclusive venue in the parish in which the proceeds are located, but merely permits an action seeking a writ of sequestration to be brought in that venue. This conclusion is unmistakable from a plain reading of general venue rules set forth in Louisiana Civil Code of Procedure Article 72. Under Article 42(4), this Parish is the proper venue. See id. (stating an action against “[a] . . . foreign limited liability company licensed to do business in this state shall be brought in the parish where its principal business establishment is located . . .”).
The apparent conflict between Article 42 and Article 72 is resolved in Article 45:
The following rules determine the proper venue in cases where two or more articles in this Chapter may conflict:
(1) Article 78, 79, 80, 81, 82, 83, 84, 86, or 87 governs the venue exclusively, if this article conflicts with any of Articles 42 and 71 through 77;
(2) If there is a conflict between two or more of Articles 78, 79, 80, 81, 82, 83, 84, 86, or 87, the plaintiff may bring the action in any venue provided by any […]
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