FrankGoortani/open-us-law huggingface dataset:
La. Code Crim. Proc. art. 985.3 — LA Code / Code code-of-criminal-procedure / Article 985.3
Immediate expungement; judicial discretion
Status: in_force

A. The court may order the immediate expungement of the record of the arrest and conviction of the violation that necessitated participation in the probation or program by a person who is otherwise eligible for an expungement upon the successful completion of a court-ordered probation or alternative sentencing program.

B. Only the form provided in Article 992 shall be used to expunge the record of a person who is otherwise eligible for an expungement upon the successful completion of a court-ordered probation or alternative sentencing program.

C. The immediate expungement shall be served pursuant to the provisions of Article 982 and shall include the court record with the signed order with all of the following:

(1) The bill of information.

(2) The sentencing minutes.

(3) Any documents or records relevant to the arrest incident and plea agreements, if available.

Acts 2024, No. 560, §1.
La. Ch. Code art. 1227 — LA Code / Code childrens-code / Article 1227
Service; absentee parent; curator ad hoc
Status: in_force

A. If a parent upon whom service is required under Article 1224 cannot be served in accordance with the provisions of Article 1225 or 1226, the court shall appoint an attorney at law as curator ad hoc for the parent and service shall be made upon the curator ad hoc.

B. Upon appointment of the curator ad hoc, a copy of the letter of appointment shall be forwarded to the department.

C. The fees and costs of the curator ad hoc shall be paid by the petitioner notwithstanding any provision of law to the contrary.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Code Evid. art. 705 — LA Code / Code code-of-evidence / Article 705
Disclosure of facts or data underlying expert opinion; foundation
Status: in_force

A. Civil cases. In a civil case, the expert may testify in terms of opinion or inference and give his reasons therefor without prior disclosure of the underlying facts or data, unless the court requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-examination.

B. Criminal cases. In a criminal case, every expert witness must state the facts upon which his opinion is based, provided, however, that with respect to evidence which would otherwise be inadmissible such basis shall only be elicited on cross-examination.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Civ. Code art. 1827 — LA Code / Code civil-code / Article 1827
Conventional subrogation by the obligee
Status: in_force

An obligee who receives performance from a third person may subrogate that person to the rights of the obligee, even without the obligor's consent. That subrogation is subject to the rules governing the assignment of rights.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Civ. Proc. art. 4661 — LA Code / Code code-of-civil-procedure / Article 4661
Applicability of articles to proceedings under certain special statutes
Status: in_force

Articles 4651 through 4658, and 4662, apply to a concursus proceeding instituted under R.S. 9:4841 or R.S. 38:2243.

Articles 4651 through 4658, 4660, and 4662 apply to a proceeding instituted under R.S. 10:7-603.

Article 4660 does not apply to a proceeding brought under R.S. 9:4841 or R.S. 38:2243. Article 4659 does not apply to any proceeding brought under any of the statutes referred to in this article.
La. Civ. Code art. 1532 — LA Code / Code civil-code / Article 1532
Stipulation for right of return to donor
Status: in_force

The donor may stipulate the right of return of the thing given, either in the case of his surviving the donee only, or in the case of his surviving the donee and the descendants of the donee.

The right may be stipulated only for the advantage of the donor.

Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
La. Ch. Code art. 627 — LA Code / Code childrens-code / Article 627
Continued custody order; special provisions; appointments; continued safety plan order
Status: in_force

A. Following a hearing, the court may return the child to the parents or, in accordance with Article 622, may place the child in the custody of a suitable relative, other suitable individual, or the department.

B. If a child is not returned to the parents, the court shall place the child in the custody of a suitable relative unless the court has made a specific finding that such placement is not in the best interest of the child. The court shall give specific oral and written reasons for its findings, which shall be made a part of the record of the proceeding.

C. If the court finds that the child can be safely returned home under a protective order pending adjudication, the court may order return of the child and issue protective orders as are deemed necessary for the health, welfare, and safety of the child.

D. If a protective order is issued or modified, the judge shall cause to have prepared a Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall forward it to the clerk of court for filing, all without delay, and the clerk of the issuing court shall transmit the Uniform Abuse Prevention Order to the Louisiana Protective Order Registry, R.S. 46:2136.2(A), by facsimile transmission, mail, or direct electronic input, where available, as expeditiously as possible, but no later than the end of the next business day after the order is filed with the clerk of court.

E. If the court finds that the child can safely remain in or return to the home with the implementation of a safety plan developed and agreed upon by the state pending adjudication, the court may order compliance with the conditions of the safety plan.

F. If the court orders that the child be placed in the custody of a suitable relative or other suitable individual, it shall make a safety plan part of its order.

G. The court shall order the appointment of a curator for any parent who is an absentee. The court may order the appointment of a court-appointed special advocate.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1997, No. 1152, §1; Acts 1997, No. 1156, §1; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 1999, No. 1317, §2; Acts 2005, No. 148, §1; Acts 2006, No. 278, §1; Acts 2014, No. 354, §1; Acts 2014, No. 486, §1; Acts 2022, No. 272, §1.
La. Ch. Code art. 760 — LA Code / Code childrens-code / Article 760
Medical, sensory, psychological, and psychiatric examinations
Status: in_force

A. On its own motion or on the motion of any party, the court may order any child of the family or the caretaker to be examined by a physician, optometrist, or audiologist.

B. On its own motion or on motion of any party, after a contradictory hearing and a showing of good cause, the court may order any child of the family or the caretaker to be examined by a psychologist or a psychiatrist.

C. Any examination as herein provided shall be made and the findings submitted to the court within thirty days of the date the order is entered. Such period may be extended by the court for good cause.

D. Copies of any reports of findings submitted to the court shall be available to counsel for all parties.

Acts 1991, No. 235, §7.
La. Ch. Code art. 1239.1 — LA Code / Code childrens-code / Article 1239.1
Reporting requirement; statistical availability
Status: in_force

A. For each adopted child, the court shall ensure that the department receives all of the following information:

(1) Whether either of the adopted parents are related to the child.

(2) The age of the child at placement.

(3) The age of the child at the time of finalization.

(4) The gender of the child.

(5) The race of the child.

(6) The location of placement.

(7) Other nonidentifying information the department requests in order to maintain statistical records of adoption finalizations.

B. The department shall release yearly statistics on the adoptions of children in Louisiana and placement of those children. These statistics shall be made available to the public.

Acts 2021, No. 6, §1.
La. Civ. Code art. 579 — LA Code / Code civil-code / Article 579
Rights of action for repairs.
Status: in_force

During the existence of the usufruct, the naked owner may compel the usufructuary to make the repairs for which the usufructuary is responsible.

The usufructuary may not compel the naked owner to make the extraordinary repairs for which the owner is responsible. If the naked owner refuses to make them, the usufructuary may do so, and he shall be reimbursed without interest by the naked owner at the end of the usufruct.

Acts 1976, No. 103, §1.
La. Ch. Code art. 1443 — LA Code / Code childrens-code / Article 1443
Hearing; priority
Status: in_force

On the day appointed, the hearing shall take precedence over all other matters, except pending cases of the same type.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
La. Code Crim. Proc. art. 61 — LA Code / Code code-of-criminal-procedure / Article 61
District attorney; powers and duties
Status: in_force

Subject to the supervision of the attorney general, as provided in Article 62, the district attorney has entire charge and control of every criminal prosecution instituted or pending in his district, and determines whom, when, and how he shall prosecute.
La. Civ. Code art. 1095 — LA Code / Code civil-code / Article 1095
Vacant succession, definition.
Status: in_force

A succession is called vacant when no one claims it, or when all the heirs are unknown, or when all the known heirs to it have renounced it.
La. Code Crim. Proc. art. 711 — LA Code / Code code-of-criminal-procedure / Article 711
Trial of motion
Status: in_force

A motion for continuance, unless consented to, shall be tried summarily and contradictorily with the adverse party.
La. Civ. Code art. 1530 — LA Code / Code civil-code / Article 1530
Donation conditional on will of donor; nullity
Status: in_force

A donation inter vivos is null when it is made on a condition the fulfillment of which depends solely on the will of the donor.

Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
La. Civ. Code art. 1936 — LA Code / Code civil-code / Article 1936
Reasonableness of manner and medium of acceptance
Status: in_force

A medium or a manner of acceptance is reasonable if it is the one used in making the offer or one customary in similar transactions at the time and place the offer is received, unless circumstances known to the offeree indicate otherwise.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Ch. Code art. 902 — LA Code / Code childrens-code / Article 902
Presence at disposition
Status: in_force

All parties shall be present when the court enters a judgment of disposition. Witnesses need not be present.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 1879 — LA Code / Code code-of-civil-procedure / Article 1879
Trial and determination of issue of fact
Status: in_force

When a proceeding under Articles 1871 through 1883 involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.
La. Code Civ. Proc. art. 3441 — LA Code / Code code-of-civil-procedure / Article 3441
Acceptance without administration; procedure
Status: in_force

Except as otherwise provided by law, all of the rules applicable to the judicial opening of a succession, and its acceptance by the heirs or legatees without an administration, apply to the small succession.
La. Civ. Code art. 469 — LA Code / Code civil-code / Article 469
Transfer or encumbrance of immovable.
Status: in_force

The transfer or encumbrance of an immovable includes its component parts.

Acts 1978, No. 728, §1. Amended by Acts 1979, No. 180, §2.
La. Civ. Code art. 3137 — LA Code / Code civil-code / Article 3137
Personal or real security
Status: in_force

Security is personal or real.

It is personal when it consists of an obligation undertaken to secure performance of the obligation of another.

It is real when it consists of a right of preference established over property of the obligor or of a third person to secure performance of an obligation.

Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
La. Code Civ. Proc. art. 286 — LA Code / Code code-of-civil-procedure / Article 286
Powers of district court clerk which may not be exercised by deputy; powers of chief deputy clerk
Status: in_force

A. No deputy clerk of a district court, except the chief deputy clerk, may exercise any of the powers and authority granted to the clerk of the district court under Articles 282 and 283.

B. Whether the judge or the clerk, or both, are absent from the parish or not, the chief deputy clerk of a district court may exercise all of the powers and authority granted to the clerk of a district court under Articles 282 and 283.

Acts 1991, No. 174, §1.
La. Code Civ. Proc. art. 3462 — LA Code / Code code-of-civil-procedure / Article 3462
Partition of succession property
Status: in_force

When a succession has been opened judicially, the coheirs and legatees of the deceased cannot petition for a partition of the succession property unless they could at that time be sent into possession of the succession under Articles 3001, 3004, 3006, 3061, 3361, 3362, 3371, 3372, or 3381.
La. Civ. Code art. 2944 — LA Code / Code civil-code / Article 2944
Damaged or stolen things
Status: in_force

An innkeeper is not responsible for things of a guest that are stolen or damaged, unless the loss is attributed to the innkeeper's fault.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.
La. Civ. Code art. 531 — LA Code / Code civil-code / Article 531
Proof of ownership of immovable
Status: in_force

One claiming the ownership of an immovable against another who has been in possession of the immovable for one year after having commenced possession in good faith and with just title or who has been in possession of the immovable for ten years shall prove that he has acquired ownership from a previous owner or by acquisitive prescription. In all other cases, he need only prove a better title.

Acts 1979, No. 180, §1; Acts 2023, No. 421, §1.
La. Code Civ. Proc. art. 4923 — LA Code / Code code-of-civil-procedure / Article 4923
Form of judgment; justice of the peace courts; district courts with concurrent jurisdiction
Status: in_force

The judgment shall be in writing and signed by the justice of the peace or the clerk of court.

Acts 1986, No. 156, §1.
La. Ch. Code art. 691 — LA Code / Code childrens-code / Article 691
Response
Status: in_force

Parties may file with the court a written response to the case review report, as long as the response is submitted to counsel of record and any unrepresented party at least five days prior to the review hearing.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993.
La. Ch. Code art. 881.1 — LA Code / Code childrens-code / Article 881.1
Admissibility of a child's confession in juvenile court
Status: in_force

A. A confession made by an accused child without a knowing and voluntary waiver shall not be admissible unless the state proves beyond a reasonable doubt that it was freely and voluntarily given and was not made under the influence of fear, duress, intimidation, menaces, threats, inducements, or promises.

B. In making this determination, the court shall consider all of the following:

(1) The age of the child.

(2) The education of the child.

(3) The knowledge of the child as to both the substance of the charge, if any has been filed, and the nature of his rights to consult with an attorney and to remain silent.

(4) Whether the child is held incommunicado or allowed to consult with relatives, friends, or an attorney.

(5) Whether the child was interrogated before or after formal charges had been filed.

(6) The methods used in the interrogation.

(7) The length of the interrogation.

(8) Whether or not the child refused to voluntarily give statements on prior occasions.

(9) Whether the child has repudiated an extra-judicial statement at a later date.

Acts 2010, No. 593, §1.
La. Ch. Code art. 507 — LA Code / Code childrens-code / Article 507
Purpose
Status: in_force

The purpose of this Part is to protect children whose physical or mental health and welfare is substantially at risk of harm by sexual abuse, other physical abuse, neglect, or exploitation and who may be further threatened by the conduct of others, by providing a formal, comprehensive, integrated, multidisciplinary response to the investigation and disposition of cases of child abuse; by expediting and improving the validation or invalidation of such allegations for the benefit of the child, his family and any accused perpetrator; by encouraging the use of collaborative decisionmaking and case management thereby reducing to a minimum the number of times a child victim is questioned and examined, thus preventing further trauma to the child; by coordinating a therapeutic services program thereby providing safety and treatment for a child victim and his family; by developing communication and case coordination among community professionals and agencies who are involved in child protection; by collecting data needed to continually improve cooperative interagency investigations; and, by maintaining the confidentiality of agency records, to ensure the protection of the privacy of the child, his family and any accused perpetrator.

Acts 2003, No. 749, §1.
La. Code Crim. Proc. art. 263 — LA Code / Code code-of-criminal-procedure / Article 263
Form of demand for extradition; necessary papers
Status: in_force

A demand for the extradition of a person wanted in another state shall not be recognized by the governor unless the demand is in writing and states the purpose for which he is wanted. The demand must be accompanied by:

(1) A statement of facts by the prosecuting officer having jurisdiction of the crime, and by a copy of an indictment found or of an information filed in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon; or

(2) A copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his bail, probation, parole, furlough, or reprieve.

The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of the indictment, information, affidavit, judgment of conviction, or sentence must be authenticated by the executive authority making the demand.
La. Civ. Code art. 451 — LA Code / Code civil-code / Article 451
Seashore.
Status: in_force

Seashore is the space of land over which the waters of the sea spread in the highest tide during the winter season.

Acts 1978, No. 728, §1.
La. Code Civ. Proc. art. 2127.1 — LA Code / Code code-of-civil-procedure / Article 2127.1
Same; 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 concluded and furnished to the clerk for inclusion in the record.

Amended by Acts 1984, No. 528, §3.
La. Ch. Code art. 1193 — LA Code / Code childrens-code / Article 1193
Persons whose consent or relinquishment is required
Status: in_force

Unless rights have been terminated in accordance with Title X or XI, consent to the adoption of a child or relinquishment of parental rights shall be required of the following:

(1) The mother of the child.

(2) The father of the child, regardless of the child's actual paternity, if any of the following apply:

(a) The child is a child born of the marriage in accordance with the Louisiana Civil Code or its legal equivalent in another state.

(b) The father is presumed to be the father of the child in accordance with the Louisiana Civil Code or its legal equivalent in another state.

(3) The alleged father of the child who has established his parental rights in accordance with Chapter 10 of Title XI.

(4) The biological father of the child whose paternity has been determined by a judgment of filiation and who has established his parental rights in accordance with Chapter 10 of Title XI.

(5) The custodial agency which has placed the child for adoption, except that the court may grant the adoption without the consent of the agency if the adoption is in the best interest of the child and there is a finding that the agency has unreasonably withheld its consent.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1995, No. 1095, §6; Acts 2000, 1st Ex. Sess., No. 109, §1, eff. April 17, 2000; Acts 2003, No. 609, §1; Acts 2004, No. 26, §1.
La. Code Civ. Proc. art. 3351.1 — LA Code / Code code-of-civil-procedure / Article 3351.1
Amount of compensation; limitation when serving as attorney, corporate officer, or managing partner
Status: in_force

A. Unless expressly stated in the testament appointing the succession representative, if the succession representative, in discharging his duties as succession representative, is or becomes an officer of a corporation, in which the majority of outstanding shares were owned by the decedent at the time of his death, or is or becomes the managing partner of a partnership in which the decedent at the time of his death owned a majority interest, the succession representative shall not receive compensation both as a succession representative and as an officer of the corporation, or managing partner of the partnership; however, the compensation of a succession representative shall be reduced by the amount of compensation which he received and which was attributable to the performance of his duties as an officer of the corporation or managing partner of the partnership.

B. Unless expressly stated in the testament appointing the succession representative, if the succession representative serves as an attorney for the succession or for the succession representative, the succession representative shall not receive compensation both as a succession representative and as an attorney for the succession or for the succession representative; however, the compensation of a succession representative shall be reduced by the amount of compensation received and which was attributable to the performance of the duties as attorney for the succession or for the succession representatives.

C. The provisions of Paragraphs A and B of this Article limiting compensation received by a succession representative may be waived upon written approval by the heirs and legatees of the decedent owning a two-thirds interest in the succession.

D. Any compensation paid or due to a succession representative under the provisions of this Article shall not be paid unless approved by the court.

Added by Acts 1988, No. 548, §1; Acts 1992, No. 484, §1.