FrankGoortani/open-us-law huggingface dataset:
La. Ch. Code art. 309 — LA Code / Code childrens-code / Article 309
Continuing jurisdiction over custody disputes
Status: in_force

A. Except as provided in Article 313, a court exercising juvenile jurisdiction shall have continuing jurisdiction over the following proceedings and the exclusive authority to modify any custody determination rendered, including the consideration of visitation rights:

(1) Child in need of care proceedings pursuant to Title VI.

(2) Families in need of services proceedings pursuant to Title VII.

(3) Involuntary termination of parental rights proceedings pursuant to Title X.

(4) Voluntary termination of parental rights proceedings pursuant to Title XI.

(5) Adoption proceedings pursuant to Title XII.

(6) Parental transfer of custody proceedings pursuant to Chapter 3 of Title XV.

B. In exercise of its jurisdiction to determine the custody of a child under writs of habeas corpus or when custody is incidental to the determination of pending cases, a district court may enter an order of custody or modify any prior order of custody rendered by a juvenile court concerning the same child in any proceeding except those enumerated in Paragraph A of this Article.

Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 254 — LA Code / Code code-of-civil-procedure / Article 254
Docket and minute books
Status: in_force

A. In addition to other record books required by law, each court shall keep docket and minute books.

B. The clerk of the court shall enter in the docket book the number and title of each action or proceeding filed in the court, the date of filing of the petition, exceptions, answers, and other pleadings, and the court costs paid by and the names of counsel of record for each of the parties.

C. All orders and judgments rendered, all motions made, all proceedings conducted, and all judicial acts of the court during each day it is in session shall be entered in the minute book.

D. An electronic record of the minutes which is not capable of alteration without indication that a change has been made may be maintained in lieu of a written entry.

Acts 1995, No. 1003, §1.
La. Civ. Code art. 1591 — LA Code / Code civil-code / Article 1591
Accretion of particular and general legacies
Status: in_force

When a particular or a general legacy lapses, accretion takes place in favor of the successor who, under the testament, would have received the thing if the legacy had not been made.

Acts 1997, No. 1421, §1, eff. 1999.
La. Civ. Code art. 358 — LA Code / Code civil-code / Article 358
Full continuing tutorship; authority; privileges and duties of tutor and undertutor
Status: in_force

The granting of a decree of full continuing tutorship shall confer upon the tutor and undertutor the same authority, privileges, and responsibilities as in other tutorships, including the same authority to give consent for any medical treatment or procedure, to give consent for any educational plan or procedure, and to obtain medical, educational, or other records, but the responsibility of the tutor for the offenses or quasi-offenses of the person under full continuing tutorship shall be the same as that of a curator for those of an interdicted person.

Added by Acts 1966, No. 496, §2. Amended by Acts 1979, No. 216, §1; Acts 2014, No. 811, §30, eff. June 23, 2014; Acts 2024, No. 123, §1.
La. Civ. Code art. 2682 — LA Code / Code civil-code / Article 2682
The lessor's principal obligations
Status: in_force

The lessor is bound:

(1) To deliver the thing to the lessee;

(2) To maintain the thing in a condition suitable for the purpose of which it was leased; and

(3) To protect the lessee's peaceful possession for the duration of the lease.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Code Crim. Proc. art. 918 — LA Code / Code code-of-criminal-procedure / Article 918
Record on appeal; certified and dated
Status: in_force

A. All records and supplemental records prepared for filing in any appellate court shall be certified and dated by the clerk upon completion. The certification shall include the date any transcript was received for inclusion in the record.

B. All transcripts or parts thereof completed for inclusion in the record shall be dated and certified by the court reporter who prepares them. The date of certification by the court reporter shall be the date on which the transcript was completed and furnished to the clerk for inclusion in the record.

Acts 1988, No. 525, §1.
La. Code Civ. Proc. art. 4603 — LA Code / Code code-of-civil-procedure / Article 4603
Same; procedure; venue
Status: in_force

A person desiring a judicial partition of property shall petition for it in a court of competent jurisdiction. The partition proceeding shall be brought in the venue provided by Article 80(2) if the property sought to be partitioned is immovables, or both movables and immovables; or in the parish where some of the property is situated, if it consists only of movables.

Except as otherwise provided by law, a partition proceeding is subject to the rules regulating ordinary proceedings.
La. Civ. Code art. 499 — LA Code / Code civil-code / Article 499
Alluvion and dereliction.
Status: in_force

Accretion formed successively and imperceptibly on the bank of a river or stream, whether navigable or not, is called alluvion. The alluvion belongs to the owner of the bank, who is bound to leave public that portion of the bank which is required for the public use.

The same rule applies to dereliction formed by water receding imperceptibly from a bank of a river or stream. The owner of the land situated at the edge of the bank left dry owns the dereliction.

Acts 1979, No. 180, §1.
La. Civ. Code art. 247 — LA Code / Code civil-code / Article 247
Kinds of tutorships.
Status: in_force

There are four sorts of tutorships:

Tutorship by nature;

Tutorship by will;

Tutorship by the effect of the law;

Tutorship by the appointment of the judge.
La. Code Civ. Proc. art. 1091 — LA Code / Code code-of-civil-procedure / Article 1091
Third person may intervene
Status: in_force

A third person having an interest therein may intervene in a pending action to enforce a right related to or connected with the object of the pending action against one or more of the parties thereto by:

(1) Joining with plaintiff in demanding the same or similar relief against the defendant;

(2) Uniting with defendant in resisting the plaintiff's demand; or

(3) Opposing both plaintiff and defendant.
La. Code Crim. Proc. art. 364 — LA Code / Code code-of-criminal-procedure / Article 364
New warrant; when issued
Status: in_force

The court shall issue a new warrant of arrest when it appears that there exists sufficient legal ground for the custody of the person based on an offense with which he may be charged, although the order for the custody may have been rendered in an irregular or unauthorized manner, or may have been executed by an unauthorized person.
La. Civ. Code art. 690 — LA Code / Code civil-code / Article 690
Extent of passage
Status: in_force

The right of passage for the benefit of an enclosed estate shall be suitable for the kind of traffic that is reasonably necessary for the use of that estate.

Acts 1977, No. 514, §1; Acts 2012, No. 739, §1; Acts 2025, No. 27, §1.
La. Civ. Code art. 3499 — LA Code / Code civil-code / Article 3499
Personal action
Status: in_force

Unless otherwise provided by legislation, a personal action is subject to a liberative prescription of ten years.

Acts 1983, No. 173, §1, eff. Jan. 1, 1984.
La. Code Evid. art. 903 — LA Code / Code code-of-evidence / Article 903
Subscribing witness' testimony unnecessary
Status: in_force

The testimony of a subscribing witness is not necessary to authenticate a writing unless required by the laws of the jurisdiction whose laws govern the validity of the writing.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Civ. Code art. 1576 — LA Code / Code civil-code / Article 1576
Notarial testament; requirements of form
Status: in_force

A. The notarial testament shall be prepared in writing, dated, executed before a notary public in the presence of two witnesses, and signed by the testator, each witness, and the notary. If a testator is unable to sign, the testator may affix his mark in place of signing or direct another person to sign on behalf of the testator and in the presence of the testator.

B. The signature may appear anywhere in the testament and is sufficient if it identifies the testator and evidences an intent by the testator to adopt the document as the testator's testament.

C. The date may appear anywhere in the testament, may be clarified by extrinsic evidence, and is sufficient if it resolves those controversies for which the date is relevant.

Acts 1997, No. 1421, §1, eff. July 1, 1999; Acts 1999, No. 745, §1, eff. July 1, 1999; Acts 2025, No. 30, §1.
La. Civ. Code art. 610 — LA Code / Code civil-code / Article 610
Usufruct for a term or under condition.
Status: in_force

A usufruct established for a term or subject to a condition terminates upon the expiration of the term or the happening of the condition.

Acts 1976, No. 103, §1.
La. Civ. Code art. 1314 — LA Code / Code civil-code / Article 1314
Defense of suits by tutors, curators and emancipated minors.
Status: in_force

But the authorization of the judge is not necessary to enable tutors or curators of minors or persons interdicted or minors emancipated, to answer suits for partition brought against them.
La. Code Civ. Proc. art. 1115 — LA Code / Code code-of-civil-procedure / Article 1115
Defenses of original defendant available to third party defendant
Status: in_force

The third party defendant may assert against the plaintiff in the principal action any defenses which the third party plaintiff has against the principal demand.
La. Civ. Code art. 2355 — LA Code / Code civil-code / Article 2355
Judicial authorization to act without the consent of the other spouse
Status: in_force

A spouse, in a summary proceeding, may be authorized by the court to act without the concurrence of the other spouse upon showing that such action is in the best interest of the family and that the other spouse arbitrarily refuses to concur or that concurrence may not be obtained due to the physical incapacity, mental incompetence, commitment, imprisonment, temporary absence of the other spouse, or because the other spouse is an absent person.

Acts 1979, No. 709, §1; Acts 1990, No. 989, §2, eff. Jan. 1, 1991.
La. Ch. Code art. 1303.14 — LA Code / Code childrens-code / Article 1303.14
Limited immunity of petitioner
Status: in_force

A. Participation by a petitioner in a proceeding under this Chapter before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.

B. A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this Chapter.

C. The immunity granted by this Article does not extend to civil litigation based on acts unrelated to a proceeding under this Chapter committed by a party while physically present in this state to participate in the proceeding.

Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Code Crim. Proc. art. 223 — LA Code / Code code-of-criminal-procedure / Article 223
Identification of minor or dependent children upon arrest; required inquiry; guidelines
Status: in_force

A. A state or local law enforcement officer who arrests a person shall, at the time of the arrest, do all of the following if practicable:

(1) Inquire whether the person is a parent or guardian of a minor or dependent child under the care, custody, or control of the arrested person at the time of the arrest, who may be at risk as a result of the arrest.

(2) Ascertain whether a child is present, relying on all available information including any information received from emergency call operators and any indications at the scene of arrest that a child may be present or at another location.

(3) Permit an arrested person a reasonable opportunity, including providing access to telephone numbers stored in a mobile telephone or other location, to make alternate arrangements for the care of a child under his care, custody, or control, including a child who is not present at the scene of the arrest, and to provide a partner organization with contact information of a preferred alternate caregiver.

(4) Provide an arrested person the opportunity to speak with a child who is present, prior to such caregiver being transported to a police facility. If such an opportunity is not practicable, having a police officer explain to such child, using age appropriate language, that such child did nothing wrong and that the child will be safe and cared for.

(5) Make reasonable efforts to ensure the safety of minor or dependent children at risk as a result of an arrest in accordance with guidelines established pursuant to R.S. 40:2405.9.

B. Law enforcement officers are not required to adhere to the guidelines of Paragraph A of this Article if any of the following circumstances are present:

(1) The arrested caregiver presents a threat of serious bodily injury or death to himself, others, or the law enforcement officer.

(2) The arrested caregiver is in the act of committing a crime of violence as defined in R.S. 14:2(B).

(3) The law enforcement officer has exercised due diligence, based on all available information, and ascertains that no minor children are under the arrested person's care, custody, or control.

Acts 2021, No. 126, §2.
La. Code Crim. Proc. art. 929 — LA Code / Code code-of-criminal-procedure / Article 929
Summary disposition
Status: in_force

A. If the court determines that the factual and legal issues can be resolved based upon the application and answer, and supporting documents, including relevant transcripts, depositions, and other reliable documents submitted by either party or available to the court, the court may grant or deny relief without further proceedings.

B. For good cause, oral depositions of the petitioner and witnesses may be taken under conditions specified by the court. The court may authorize requests for admissions of fact and of genuineness of documents. In such matters, the court shall be guided by the Code of Civil Procedure.

Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981.
La. Ch. Code art. 1036.1 — LA Code / Code childrens-code / Article 1036.1
Proof of prior child in need of care judgment, stipulation; record
Status: in_force

A. Evidence of a prior adjudication or a parent's prior stipulation that a child is in need of care and an instanter order or disposition judgment removing the child from the parent's custody shall be admissible in proceedings brought under this Title. If the prior adjudication judgment was entered by the same court, it may take judicial notice of its own records. If the prior order or judgment was entered by another court, a certified copy of the order or judgment or certified copy of the minute entry shall be admissible in accordance with the Louisiana Code of Evidence.

B. The court record of a prior child in need of care proceeding involving the child who is the subject of the termination proceeding may be introduced into evidence at the hearing on the termination of parental rights.

Acts 1997, No. 256, §1.
La. Civ. Code art. 744 — LA Code / Code civil-code / Article 744
Necessary works; cost of repairs.
Status: in_force

The owner of the dominant estate has the right to make at his expense all the works that are necessary for the use and preservation of the servitude.

Acts 1977, No. 514, §1.
La. Civ. Code art. 3225 — LA Code / Code civil-code / Article 3225
Rights of pledge and retention against owner.
Status: in_force

Against the owner of the thing, his right is in the nature of that of pledge, by virtue of which he may retain the thing until the expenses, which he has incurred, are repaid.

He possesses this qualified right of pledge, even against the creditors of the owner, if they seek to have the thing sold. He may refuse to restore it, unless they either refund his advance, or give him security that the thing shall fetch a sufficient price for that purpose.
La. Civ. Code art. 2008 — LA Code / Code civil-code / Article 2008
Failure to perform justified
Status: in_force

An obligor whose failure to perform the principal obligation is justified by a valid excuse is also relieved of liability for stipulated damages.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Civ. Proc. art. 1633 — LA Code / Code code-of-civil-procedure / Article 1633
Oath or affirmation of witnesses; refusal to testify
Status: in_force

A. Before testifying, every witness shall be required to declare that he will testify truthfully, by oath or affirmation administered in a form calculated to awaken his conscience and impress his mind with his duty to do so.

B. A witness who appears but refuses to testify without proper cause shall be considered in contempt of court.

Amended by Acts 1988, No. 515, §2, eff. Jan. 1, 1989.
La. Civ. Code art. 1564 — LA Code / Code civil-code / Article 1564
Dissolution for non-execution of other condition; prescription
Status: in_force

An action to dissolve a donation for failure to fulfill the conditions or perform the charges imposed on the donee prescribes in five years, commencing the day the donee fails to perform the charges or fulfill his obligation or ceases to do so.

Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
La. Civ. Code art. 2786 — LA Code / Code civil-code / Article 2786
Existence of recipient
Status: in_force

When an annuity is established in favor of a natural person, that person must exist or be in utero at the time of the formation of the annuity contract.

When an annuity is established in favor of a juridical person, that person must likewise exist at the time of the formation of the annuity contract.

Acts 2012, No. 258, §1, eff. Jan. 1, 2013.
La. Ch. Code art. 721 — LA Code / Code childrens-code / Article 721
Home study report
Status: in_force

The department shall submit to the court a confidential report of its investigation and evaluation of the home of the proposed guardian. The report shall include all of the following:

(1) The moral and financial fitness of the proposed guardian.

(2) The conditions of the home of the proposed guardian with respect to health, adjustment, and other advantages or disadvantages for the child.

(3) The physical and mental condition of the child and his reaction to the proposed guardianship.

(4) The plan for the child if the proposed guardian becomes incapable of providing care.

Acts 2011, No. 128, §1.
La. Code Crim. Proc. art. 943 — LA Code / Code code-of-criminal-procedure / Article 943
Preemption of conflicting provisions
Status: in_force

The provisions of this Title shall preempt and supersede but not repeal any conflicting provisions of this Code or any other provision of law.

Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.
La. Civ. Code art. 3173 — LA Code / Code civil-code / Article 3173
Accounting to other pledgees for rent collected
Status: in_force

Except as provided in this Article, a pledgee is not bound to account to another pledgee for rent collected.

A pledgee shall account to the holder of a superior pledge for rent the pledgee collects more than one month before it is due and for rent he collects with actual knowledge that the payment of rent to him violated written directions given to the lessee to pay rent to the holder of the superior pledge.

After all secured obligations owed to a pledgee have been extinguished, he shall deliver any remaining rent collected to another pledgee who has made written demand upon him for the rent before he delivers it to the pledgor.

Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
La. Ch. Code art. 698 — LA Code / Code childrens-code / Article 698
Presence at case review
Status: in_force

A. All parties, foster parents, adoptive parents, and relatives providing care for the child, authorized officers of the court as designated by the judge, agency representatives as designated by the state, court-appointed special advocate (CASA) volunteer, the witness under examination, and the judge or administrative review body may be present at a case review hearing. The court or administrative review body shall not admit any other person unless the court has determined that the person has a proper interest in or is necessary to the proceedings.

B. On its own motion or the motion of any party, the court or administrative review body may order that witnesses, other than parties, be excluded from the courtroom and refrain from discussing the facts of the case with anyone other than counsel in the case. On its own motion the court or administrative review body may, and on the request of a party the court shall, order that the witnesses, other than parties, be excluded from the courtroom or from a place where they can see or hear the proceedings, and refrain from discussing the facts of the case with anyone other than counsel in the case. In the interest of justice, the court may exempt any witness from its order.

C. Prior to the commencement of the hearing, the court shall determine whether it is in the child's best interest for the child to remain in the courtroom during the testimony of the witnesses.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2006, No. 764, §1.
La. Civ. Code art. 2828 — LA Code / Code civil-code / Article 2828
Continuation for liquidation; sole proprietorship.
Status: in_force

When a partnership terminates, the business of the partnership ends except for purposes of liquidation.

If a partnership terminates because its membership is reduced to one person, that person is not bound to liquidate the partnership and may continue the business as a sole proprietor. If the person elects to continue the business, his former partners are entitled to amounts equal to the value of their shares as of time the partnership terminated, and they have the right to demand security for the payment of partnership debts.

Acts 1980, No. 150, §1.
La. Civ. Code art. 3426 — LA Code / Code civil-code / Article 3426
Constructive possession
Status: in_force

One who possesses a part of an immovable by virtue of a title is deemed to have constructive possession within the limits of his title. In the absence of title, one has possession only of the area he actually possesses.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Ch. Code art. 1302.2 — LA Code / Code childrens-code / Article 1302.2
Duration of personal jurisdiction
Status: in_force

Personal jurisdiction acquired by a tribunal of this state in a proceeding under this Chapter or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by Articles 1302.5, 1302.6, and 1302.11.

Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Code Civ. Proc. art. 2783 — LA Code / Code code-of-civil-procedure / Article 2783
Injunction to arrest execution of judgment made executory
Status: in_force

The execution of a judgment made executory under the provisions of Article 2782 may be arrested by injunction if the judgment is extinguished, prescribed, or is otherwise legally unenforceable. No temporary restraining order or a preliminary writ of injunction may be issued, however, unless the applicant therefor furnishes security as provided in Article 3610.
La. Ch. Code art. 904 — LA Code / Code childrens-code / Article 904
Court transmission of reports
Status: in_force

If the child is assigned to the custody of the Department of Public Safety and Corrections or to the custody of a public or private institution or agency, the court shall transmit with the judgment of disposition all relevant reports concerning the child.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.