FrankGoortani/open-us-law huggingface dataset:
La. Ch. Code art. 1568 — LA Code / Code childrens-code / Article 1568
Petition
Status: in_force

A. A petition filed under the provisions of this Chapter shall contain the following:

(1) The name of each petitioner and each person on whose behalf the petition is filed and the name, address, and parish of residence of each individual alleged to have committed abuse, if known.

(2) If the petition is being filed on behalf of a child or person alleged to be incompetent, the relationship between that person and the petitioner.

(3) The facts and circumstances concerning the alleged abuse.

(4) The relationship between each petitioner and each individual alleged to have committed abuse.

(5) A request for one or more protective orders or a temporary restraining order.

B. The address and parish of residence of each petitioner and each person on whose behalf the petition is filed may remain confidential with the court.

C. If the petition requests a protective order for a spouse and alleges that the other spouse has committed abuse, the petition shall state whether a suit for divorce is pending.

D. If the petition requests the issuance of an ex parte temporary restraining order, the petition shall contain a written affirmation signed and dated by each petitioner that the facts and circumstances contained in the petition are true and correct to the best knowledge, information, and belief of the petitioner, under penalty of perjury pursuant to R.S. 14:123. The affirmation shall be made before a witness who shall sign and print his name.

E. If a suit for divorce is pending, any application for a protective order shall be filed in that proceeding and shall be heard within the delays provided by this Chapter. Any decree issued in a divorce proceeding filed subsequent to the filing of a petition or an order issued pursuant to this Chapter may, in the discretion of the court hearing the divorce proceeding, supersede in whole or in part the orders issued pursuant to this Chapter. Such subsequent decree shall be forwarded by the rendering court to the court having jurisdiction of the petition for a protective order and shall be made a part of the record thereof. The findings and rulings made in connection with such protective orders shall not be res judicata in any subsequent proceeding.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 1997, No. 1156, §1; Acts 2021, No. 394, §2.
La. Ch. Code art. 1525 — LA Code / Code childrens-code / Article 1525
Scope of jurisdiction
Status: in_force

The juvenile court shall have jurisdiction to try any adult who is charged with any of the following misdemeanors:

(1) Interference with the custody of a child.

(2) Criminal abandonment.

(3) Unlawful sales to minors.

(4) Unlawful purchase of alcoholic beverages for minors.

(5) Unlawful distribution of sample tobacco products to minors.

(6) Sale, exhibition, or distribution of material harmful to minors.

(7) Sale, distribution, or making available to minors publications encouraging, advocating, or facilitating the illegal use of controlled substances.

(8) Illegal use of controlled dangerous substances in the presence of children.

(9) Sale of poisonous reptiles to minors.

(10) Contributing to the delinquency of juveniles or encouraging or contributing to child delinquency, dependency, or neglect.

(11) Unlawful use and sale of model glue to minors.

(12) Tatooing minors.

(13) Child desertion.

(14) Abandoning ice boxes or other air tight containers in a place accessible to children.

(15) Failure of a mandatory reporter to report abuse of children.

(16) Violation of the requirements for the investigation of reports of child abuse.

(17) Knowingly making a false report of child abuse.

(18) Making a false report of a missing child.

(19) Violation of the compulsory school attendance law.

(20) Any offense affecting the physical, moral, or mental well-being of children as provided in Section 2 of Subpart B of Part V of Chapter 1 of Title 14 of the Louisiana Revised Statutes of 1950.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 1995, No. 1095, §8.
La. Code Civ. Proc. art. 2381 — LA Code / Code code-of-civil-procedure / Article 2381
Action by seizing creditor who has been compelled to reimburse purchaser
Status: in_force

The seizing creditor may recover from his judgment debtor whatever he has had to pay to the purchaser who has been evicted.
La. Code Crim. Proc. art. 949 — LA Code / Code code-of-criminal-procedure / Article 949
Court costs and fees
Status: in_force

All court costs, fees, and fines assessed or taxed and collected previously by the affected court prior to the supreme court order authorizing the conducting of emergency sessions shall be assessed, taxed, collected, distributed, and retained in the same amounts by and to the same entities and in the same manner by the affected court conducting the emergency session in the host jurisdiction.

Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.
La. Code Civ. Proc. art. 3396.8 — LA Code / Code code-of-civil-procedure / Article 3396.8
Usufruct
Status: in_force

When the testament creates a usufruct and concurrence in having an independent administration is required, or when the usufruct arises by operation of law, the concurrence of the usufructuary and the naked owner is required.

Acts 2001, No. 974, §1.
La. Civ. Code art. 3110 — LA Code / Code civil-code / Article 3110
Powers of arbitrators and amicable compounders.
Status: in_force

The arbitrators ought to determine as judges, agreeably to the strictness of the law.

Amicable compounders are authorized to abate something of the strictness of the law in favor of natural equity.

Amicable compounders are, in other respects, subject to the same rules which are provided for the arbitrators by the present title.
La. Civ. Code art. 1737 — LA Code / Code civil-code / Article 1737
Beneficiaries
Status: in_force

The donor may donate any of his present property to both or one of the prospective spouses. The donation may not, however, be made to their common descendants, whether already born or to be born.

Acts 2004, No. 619, §1, eff. Sept. 1, 2005.
La. Civ. Code art. 785 — LA Code / Code civil-code / Article 785
Fixing of the boundary.
Status: in_force

The fixing of the boundary may involve determination of the line of separation between contiguous lands, if it is uncertain or disputed; it may also involve the placement of markers on the ground, if markers were never placed, were wrongly placed, or are no longer to be seen.

The boundary is fixed in accordance with the following rules.

Acts 1977, No. 169, §1.
La. Code Civ. Proc. art. 1844 — LA Code / Code code-of-civil-procedure / Article 1844
Judgment of dismissal; effect
Status: in_force

A judgment of dismissal with or without prejudice shall be rendered and the effects thereof shall be regulated in accordance with the provisions of Articles 1671 through 1673.
La. Civ. Code art. 2717 — LA Code / Code civil-code / Article 2717
Death of lessor or lessee
Status: in_force

A lease does not terminate by the death of the lessor or the lessee or by the cessation of existence of a juridical person that is party to the lease.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Code Civ. Proc. art. 737 — LA Code / Code code-of-civil-procedure / Article 737
Partnership; partners
Status: in_force

A partnership has the procedural capacity to be sued in its partnership name.

The partners of an existing partnership may not be sued on a partnership obligation unless the partnership is joined as a defendant.
La. Code Crim. Proc. art. 765 — LA Code / Code code-of-criminal-procedure / Article 765
Normal order of trial
Status: in_force

The normal order of trial shall be as follows:

(1) The selection and swearing of the jury;

(2) The reading of the indictment;

(3) The reading of the defendant's plea on arraignment;

(4) The opening statements of the state and of the defendant;

(5) The presentation of the evidence of the state, and of the defendant, and of the state in rebuttal. The court in its discretion may permit the introduction of additional evidence prior to argument;

(6) The argument of the state, the defendant, and the state in rebuttal;

(7) The court's charge;

(8) The announcement of the verdict or mistrial in jury cases, or of the judgment in nonjury cases; and

(9) The discharge of the jury in jury cases.

When there is more than one defendant, the court shall determine the order of trial as between them.

A defendant may waive his opening statement.
La. Ch. Code art. 1306.3 — LA Code / Code childrens-code / Article 1306.3
Effect of registration for enforcement
Status: in_force

A. A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state.

B. A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.

C. Except as otherwise provided in this Chapter, a tribunal of this state shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction.

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. Civ. Code art. 2749 — LA Code / Code civil-code / Article 2749
Liability for dismissal of laborer without cause.
Status: in_force

If, without any serious ground of complaint, a man should send away a laborer whose services he has hired for a certain time,*before that time has expired, he shall be bound to pay to such laborer the whole of the salaries which he would have been entitled to receive, had the full term of his services arrived.

*English translation of French text incomplete; should include "as said in the foregoing article."
La. Code Civ. Proc. art. 1845 — LA Code / Code code-of-civil-procedure / Article 1845
Effects of judgments on state law
Status: in_force

A judgment rendering a law unconstitutional is absolutely null and shall be void and unenforceable if the provisions of Article 855.1 have not been met.

Acts 2024, 2 nd Ex. Sess., No. 12, §1.
La. Civ. Code art. 1898 — LA Code / Code civil-code / Article 1898
Compensation between obligee and solidary obligor
Status: in_force

Compensation between the obligee and one solidary obligor extinguishes the obligation of the other solidary obligors only for the portion of that obligor.

Compensation between one solidary obligee and the obligor extinguishes the obligation only for the portion of that obligee.

The compensation provided in this Article does not operate in favor of a liability insurer.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 1428 — LA Code / Code civil-code / Article 1428
Rights and obligations of usufructuary not superseded
Status: in_force

This Chapter does not supersede the provisions of this Code governing the rights and obligations of a usufructuary with respect to payment of estate debts.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Code Civ. Proc. art. 4205 — LA Code / Code code-of-civil-procedure / Article 4205
Vacancy in tutorship, duty of undertutor
Status: in_force

The tutorship does not devolve upon the undertutor when it is vacant. If a vacancy occurs, the undertutor shall apply to the court for the appointment of a new tutor.
La. Code Civ. Proc. art. 3262 — LA Code / Code code-of-civil-procedure / Article 3262
No priority as between movables and immovables
Status: in_force

There shall be no priority in the order of sale as between movable and immovable property.
La. Code Civ. Proc. art. 3249 — LA Code / Code code-of-civil-procedure / Article 3249
Succession representative as party defendant
Status: in_force

The succession representative shall defend all actions brought against him to enforce claims against the succession, and in doing so may exercise all procedural rights available to a litigant.
La. Civ. Code art. 3469 — LA Code / Code civil-code / Article 3469
Suspension of prescription
Status: in_force

Prescription is suspended as between: the spouses during marriage, parents and children during minority, tutors and minors during tutorship, and curators and interdicts during interdiction, and caretakers and minors during minority.

A "caretaker" means a person legally obligated to provide or secure adequate care for a child, including a tutor, guardian, or legal custodian.

Acts 1988, No. 676, §1.

{{NOTE: SEE ACTS 1988, NO. 676, §2.}
La. Ch. Code art. 1025.4 — LA Code / Code childrens-code / Article 1025.4
Prehearing and scheduling conference; order
Status: in_force

A. At the appearance, on its own motion or on motion of counsel, the court shall direct counsel for the petitioner, for the parents, and for the child to appear before it for a conference to consider the following:

(1) The consideration of alternatives to formal court proceedings when their use is appropriate and in the best interest of the child.

(2) Efforts to identify and locate an unidentified or absent parent and relatives or other individuals willing and able to offer a wholesome and stable home for the child.

(3) Whether there is an issue of paternity requiring the issuance of an order for immediate blood or tissue sampling in accordance with the provisions of R.S. 9:396 et seq.

(4) The simplification of the issues including the elimination of frivolous claims or defenses.

(5) The necessity or desirability of amendments to the petition.

(6) What material facts and issues exist without substantial controversy, and what material facts and issues are actually and in good faith controverted.

(7) Proof, stipulations regarding the authenticity of documents, and advance rulings from the court on the admissibility of evidence.

(8) Limitations or restrictions on or regulation of the use of expert testimony under Louisiana Code of Evidence Article 702.

(9) The control and scheduling of discovery.

(10) The identification of witnesses, documents, and exhibits.

(11) Such other matters as may aid in the disposition of the action.

B. The court shall render an order which recites the action taken at the conference, the amendments allowed to the petition, and the agreements made by the parties as to any of the matters considered, and which limits the issues for adjudication to those not disposed of by admissions or agreements of counsel. Such order controls the subsequent course of the action, unless modified at the termination of parental rights hearing to prevent manifest injustice.

C. If a party's counsel fails to obey a prehearing order, or to appear at the prehearing and scheduling conference, or is substantially unprepared to participate in the conference, or fails to participate in good faith, the court, upon its own motion or on the motion of a party, after hearing, may make such orders as are just, including orders provided in Code of Civil Procedure Article 1471(2), (3), and (4). In lieu of or in addition to any other sanction, the court may require the party or his counsel, or both, to pay the reasonable expenses incurred by noncompliance with this Paragraph, including attorney fees.

Acts 1997, No. 256, §1; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2017, No. 239, §1.
La. Code Crim. Proc. art. 227.1 — LA Code / Code code-of-criminal-procedure / Article 227.1
Prevention of escape; use of force
Status: in_force

A guard or other law enforcement officer is justified in the reasonable use of force, to prevent the escape from a state correctional facility, parish prison, or the physical custody of a guard or other law enforcement officer of a person under sentence or awaiting trial.

Acts 1985, No. 792, §1; Acts 1987, No. 790, §1.
La. Code Civ. Proc. art. 3396.9 — LA Code / Code code-of-civil-procedure / Article 3396.9
Interdict or unemancipated minor
Status: in_force

A. If a successor whose concurrence is required is an unemancipated minor, the concurrence may be made on his behalf by the administrator of his estate or his natural tutor, as appropriate, without the need for a formal tutorship proceeding or concurrence of an undertutor.

B. If a successor whose concurrence is required is an interdict, the concurrence may be made on his behalf by the curator without the need for court authorization in the interdiction proceeding or concurrence of the undercurator.

Acts 2001, No. 974, §1; Acts 2016, No. 86, §2.
La. Code Crim. Proc. art. 646 — LA Code / Code code-of-criminal-procedure / Article 646
Examination by physician retained by defense or district attorney
Status: in_force

The court order for a mental examination shall not deprive the defendant or the district attorney of the right to an independent mental examination by a physician or mental health expert of his choice, and such physician or mental health expert shall be permitted to have reasonable access to the defendant for the purposes of the examination.

Acts 1999, No. 1104, §1.
La. Civ. Code art. 294 — LA Code / Code civil-code / Article 294
Subsequently acquired excuse.
Status: in_force

Those, on the contrary, who shall have been invested with offices, who shall have engaged in the service, or shall have been intrusted with commissions, posterior to their acceptation and administration of a tutorship, may, if they do not choose to continue to act as tutor, be excused from the tutorship, and apply for the appointment of another tutor to supply their place.
La. Civ. Code art. 2992 — LA Code / Code civil-code / Article 2992
Onerous or gratuitous contract
Status: in_force

The contract of mandate may be either onerous or gratuitous. It is gratuitous in the absence of contrary agreement.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
La. Civ. Code art. 2943 — LA Code / Code civil-code / Article 2943
Availability of a safe
Status: in_force

An innkeeper who places a safe at the disposal of a guest in the guest's room is not a depositary of the things that the guest places in the safe.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.
La. Ch. Code art. 1302.1 — LA Code / Code childrens-code / Article 1302.1
Basis for jurisdiction over nonresident
Status: in_force

A. In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian, curator, or tutor, if:

(1) The individual is personally served with citation, summons, or notice within this state;

(2) The individual submits to the jurisdiction of this state by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;

(3) The individual resided with the child in this state;

(4) The individual resided in this state and provided prenatal expenses or support for the child;

(5) The child resides in this state as a result of the acts or directives of the individual;

(6) The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;

(7) The individual asserted parentage of a child in the putative father registry maintained in this state by the Louisiana Department of Health, office of public health; or

(8) There is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.

B. The basis for personal jurisdiction set forth in Paragraph A or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of Article 1306.11 are met, or, in the case of a foreign support order, unless the requirements of Article 1306.15 are met.

Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2013, No. 220, §25, eff. June 11, 2013; Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Civ. Code art. 3419 — LA Code / Code civil-code / Article 3419
Lost things
Status: in_force

One who finds a corporeal movable that has been lost is bound to make a diligent effort to locate its owner or possessor and to return the thing to him.

If a diligent effort is made and the owner is not found within three years, the finder acquires ownership.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Code Crim. Proc. art. 408 — LA Code / Code code-of-criminal-procedure / Article 408
Selection of general venire in parishes other than Orleans
Status: in_force

A. In parishes other than Orleans, the jury commission shall select impartially at least three hundred persons having the qualifications to serve as jurors, who shall constitute the general venire. A list of persons so selected shall be prepared and certified by the clerk of court as the general venire list, and said list shall be kept as part of the records of the commission. The name and address of each person on the list shall be written on a separate slip of paper, with no designation as to race or color, which shall be placed in a box labeled "General Venire Box."

B. After the jury commission has selected the general venire, it shall lock and seal the general venire box and deliver it to the clerk of court, as the custodian thereof. Alternatively, the list of persons so selected may be retained in a form suitable for use by a properly programmed electronic device commonly known as a computer.

C. The jury commission shall meet at least once every six months and when ordered by the court, and may meet at any time to select or supplement the general venire. The commission may select a new general venire at any meeting and shall do so when ordered by the court.

Amended by Acts 1968, No. 140, §1; Acts 1972, No. 755, §1.
La. Civ. Code art. 2322 — LA Code / Code civil-code / Article 2322
Damage caused by ruin of building
Status: in_force

The owner of a building is answerable for the damage occasioned by its ruin, when this is caused by neglect to repair it, or when it is the result of a vice or defect in its original* construction. However, he is answerable for damages only upon a showing that he knew or, in the exercise of reasonable care, should have known of the vice or defect which caused the damage, that the damage could have been prevented by the exercise of reasonable care, and that he failed to exercise such reasonable care. Nothing in this Article shall preclude the court from the application of the doctrine of res ipsa loquitur in an appropriate case.

Acts 1996, 1st Ex. Sess., No. 1, §1, eff. April 16, 1996.

*"Original" has no counterpart in French text.
La. Civ. Code art. 3348 — LA Code / Code civil-code / Article 3348
Time of filing; determination
Status: in_force

Upon acceptance of an instrument the recorder shall immediately write upon or stamp it with the date and time it is filed and the registry number assigned to it.

Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005.

NOTE: Acts 2005, 1st Ex. Sess., No. 13, §1, changed the effective date of Acts 2005, No. 169, to July 1, 2006.
La. Code Civ. Proc. art. 156 — LA Code / Code code-of-civil-procedure / Article 156
Selection of judge after recusal
Status: in_force

A. When a district court judge of a court having two or more judges voluntarily recuses himself or is recused after a motion to recuse is heard, the cause shall be randomly assigned to another division or section of that court.

B. When a district court judge in a single-judge district voluntarily recuses himself, the judge shall make a written request to the supreme court for the appointment of an ad hoc judge to hear the cause. When an ad hoc judge appointed by the supreme court to hear a recusal grants the motion to recuse, that judge shall request that an ad hoc judge be appointed to hear the cause.

Amended by Acts 1962, No. 409, §1; Acts 2021, No. 143, §1.
La. Civ. Code art. 3153 — LA Code / Code civil-code / Article 3153
General requirements for effectiveness of pledge against third persons
Status: in_force

A pledge is without effect as to third persons unless it has become effective between the parties and is established by written contract.

Acts 2014, No. 281, §1, eff. Jan, 1, 2015.