FrankGoortani/open-us-law huggingface dataset:
La. Civ. Code art. 2671 — LA Code / Code civil-code / Article 2671
Types of leases
Status: in_force

Depending on the agreed use of the leased thing, a lease is characterized as: residential, when the thing is to be occupied as a dwelling; agricultural, when the thing is a predial estate that is to be used for agricultural purposes; mineral, when the thing is to be used for the production of minerals; commercial, when the thing is to be used for business or commercial purposes; or consumer, when the thing is a movable intended for the lessee's personal or familial use outside his trade or profession. This enumeration is not exclusive.

When the thing is leased for more than one of the above or for other purposes, the dominant or more substantial purpose determines the type of lease for purposes of regulation.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Civ. Code art. 878 — LA Code / Code civil-code / Article 878
Civil Code 878
Status: in_force

Art 878. Repealed by Acts 2001, No. 572, §2.
La. Civ. Code art. 2626 — LA Code / Code civil-code / Article 2626
Terms of offered sale
Status: in_force

The grantor of a right of first refusal may not sell to another person unless he has offered to sell the thing to the holder of the right on the same terms, or on those specified when the right was granted if the parties have so agreed.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 2456 — LA Code / Code civil-code / Article 2456
Transfer of ownership
Status: in_force

Ownership is transferred between the parties as soon as there is agreement on the thing and the price is fixed, even though the thing sold is not yet delivered nor the price paid.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 2645 — LA Code / Code civil-code / Article 2645
Accessories included in assignment of right
Status: in_force

The assignment of a right includes its accessories such as security rights.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Crim. Proc. art. 210 — LA Code / Code code-of-criminal-procedure / Article 210
Service of summons
Status: in_force

The service of a summons is made in the same manner as a citation in a civil action.
La. Code Evid. art. 703 — LA Code / Code code-of-evidence / Article 703
Bases of opinion testimony by experts
Status: in_force

The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to him at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Code Civ. Proc. art. 561 — LA Code / Code code-of-civil-procedure / Article 561
Abandonment in trial and appellate court
Status: in_force

A.(1) An action is abandoned when the parties fail to take any step in its prosecution or defense in the trial court for a period of three years, unless it is a succession proceeding:

(a) Which has been opened;

(b) In which an administrator or executor has been appointed; or

(c) In which a testament has been probated.

(2) This provision shall be operative without formal order, but, on ex parte motion of any party or other interested person by affidavit that states that no step has been timely taken in the prosecution or defense of the action, the trial court shall enter a formal order of dismissal as of the date of its abandonment. The sheriff shall serve the order in the manner provided in Article 1314 and shall execute a return pursuant to Article 1292.

(3) A motion to set aside a dismissal may be made only within thirty days of the date of the sheriff's service of the order of dismissal. If the trial court denies a timely motion to set aside the dismissal, the clerk of court shall give notice of the order of denial pursuant to Article 1913(A) and shall file a certificate pursuant to Article 1913(D).

(4) An appeal of an order of dismissal may be taken only within sixty days of the date of the sheriff's service of the order of dismissal. An appeal of an order of denial may be taken only within sixty days of the date of the clerk's mailing of the order of denial.

B. Any formal discovery as authorized by this Code and served on all parties whether or not filed of record, including the taking of a deposition with or without formal notice, shall be deemed to be a step in the prosecution or defense of an action.

C. An appeal is abandoned when the parties fail to take any step in its prosecution or disposition for the period provided in the rules of the appellate court.

Amended by Acts 1966, No. 36, §1; Acts 1982, No. 186, §1; Acts 1983, No. 670, §1; Acts 1987, No. 149, §1; Acts 1997, No. 1221, §1, eff. July 1, 1998; Acts 2003, No. 545, §1; Acts 2007, No. 361, §1, eff. July 9, 2007; Acts 2023, No. 5, §1.
La. Ch. Code art. 815.1 — LA Code / Code childrens-code / Article 815.1
Alternative to detention programs
Status: in_force

A. Each judicial district or parish may develop a program or programs to serve as alternatives to secure detention of a child. Such program shall be used only for a child taken into custody for the commission of a delinquent act who is not released pursuant to Article 814.

B. An alternative to detention program may be operated either by a nonprofit or government entity.

C. There shall be no fees associated with participation in an alternative to detention program. Funding may be provided by any source, including through a contract with the office of juvenile justice. Any program funded by the office of juvenile justice shall comply with any requirements established by the office of juvenile justice for the purpose of receiving and retaining such funding.

D. An alternative to detention program shall be considered a form of detention and the time periods set forth in Articles 854 and 877 shall apply unless waived by the child. No child shall remain enrolled in an alternative to detention program following a disposition hearing, except as an alternative to placement in detention or other out-of-home placement.

E. An alternative to detention program is intended to serve the same limited purpose as secure detention as set forth in R.S. 15:1110. The child's participation in an alternative to detention program shall not be considered an adjudication nor shall it suspend delinquency proceedings. An alternative to detention program may include rehabilitative components, but continued participation in the program shall not be required post-adjudication, except as an alternative to detention of the child or other out-of-home placement. Placement of a child in an alternative to detention program does not preclude the child from being referred to treatment programs that are not required as a condition of the child's release from detention.

Acts 2019, No. 147, §1.
La. Ch. Code art. 1418 — LA Code / Code childrens-code / Article 1418
Physician's standard of care
Status: in_force

Any licensed physician who acts pursuant to the provisions of this Title, including execution of an emergency certificate, shall be held to that degree of skill and care ordinarily employed under similar circumstances by members of his profession in good standing in the same community or locality and using reasonable care and diligence with his best judgment in the application of his skill.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
La. Civ. Code art. 2039 — LA Code / Code civil-code / Article 2039
Gratuitous contract made by the obligor
Status: in_force

An obligee may attack a gratuitous contract made by the obligor whether or not the other party knew that the contract would cause or increase the obligor's insolvency.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Ch. Code art. 1301.4 — LA Code / Code childrens-code / Article 1301.4
Remedies cumulative
Status: in_force

A. Remedies provided by this Chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity.

B. This Chapter does not:

(1) Provide the exclusive method of establishing or enforcing a support order under the law of this state; or

(2) Grant a tribunal of this state jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under this Chapter.

Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Civ. Code art. 1497 — LA Code / Code civil-code / Article 1497
Disposable portion in absence of forced heirs
Status: in_force

If there is no forced heir, donations inter vivos and mortis causa may be made to the whole amount of the property of the donor, saving the reservation made hereafter.

Amended by Acts 1982, No. 641, §1; Acts 1985, No. 522, §1; Acts 1996, 1st Ex. Sess., No. 77, §1.
La. Ch. Code art. 114 — LA Code / Code childrens-code / Article 114
Computation of time
Status: in_force

A. In computing a period of time allowed or prescribed by law or by order of court, the date of the act, event, or default after which the period begins to run is not to be included. The last day of the period is to be included, unless it is a legal holiday, in which event the period runs until the end of the next day which is not a legal holiday.

B. A half-holiday is considered as a legal holiday.

C. A legal holiday is to be included in the computation of a period of time allowed or prescribed, except in any one of the following instances:

(1) It is expressly excluded.

(2) It would otherwise be the last day of the period, except that, for purposes of calculating a release date from an order of commitment, a legal holiday shall be included if it is the last day of the period.

(3) The period is less than seven days.

D. All Saturdays and Sundays are also considered as legal holidays.

Acts 1991, No. 235, §1, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 1922 — LA Code / Code code-of-civil-procedure / Article 1922
Money judgments; judgment debtor; date of birth; social security number
Status: in_force

A. A final judgment for the payment of money shall include the date of birth of all parties against whom it is rendered, if the date of birth is known by the attorney preparing the judgment. However, the failure to include the date of birth of the judgment debtors shall not affect the validity of the judgment.

B.(1) A final judgment for the payment of money shall also include the last four digits of the social security number of the judgment debtors, if known by the attorney preparing the judgment. However, the failure to include such information shall not affect the validity of the judgment.

(2) A recorded lien having the effect of a money judgment shall also include the last four digits of the social security number of the debtor, or the Internal Revenue Service taxpayer identification number of the debtor in the case of a debtor doing business other than as an individual, if known by the attorney preparing the lien. However, the failure to include such information shall not affect the validity of the lien.

C.(1) The recorder shall not refuse to record a money judgment or lien which does not include the information required by Paragraph B of this Article. If any judgment or lien being recorded does not include the information required by this Article, the recorder shall be entitled to collect a fee not to exceed twenty-five dollars per debtor in addition to the applicable fee set forth in R.S. 13:841.

(2) The fee authorized by Subparagraph (1) of this Paragraph shall not apply if, at the time of recording the judgment, the creditor attaches to and records with the judgment an affidavit setting forth the information required by Paragraph B of this Article or by Civil Code Article 3352(A)(5).

(3) A person recording an affidavit of distinction pursuant to R.S. 9:5501 through 5503 shall not be required to pay a fee for recording the affidavit of distinction.

(4) The provisions of Subparagraph (3) of this Paragraph shall not apply to an affidavit of distinction recorded in order to distinguish the affiant from a debtor named in a judgment or lien which was recorded prior to July 1, 2012.

Acts 1995, No. 1295, §1; Acts 2003, No. 599, §1; Acts 2007, No. 11, §1, eff. June 18, 2007; Acts 2012, No. 20, §1, eff. July 1, 2012.
La. Ch. Code art. 1117 — LA Code / Code childrens-code / Article 1117
Domiciliary requirements; acceptance of surrender
Status: in_force

A. If a surrendering parent is not domiciled in this state, then the agency shall be domiciled in this state or be accepting the surrender of a child who is in the custody of the Department of Children and Family Services.

B. In order for a surrender to an agency to be effective, the agency accepting the surrender shall either be the Department of Children and Family Services or have been issued a child-placing or adoption license by the department.

Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1999, No. 1243, §2, eff. Jan. 1, 2000; Acts 2001, No. 1064, §2; Acts 2008, No. 584, §1; Acts 2017, No. 59, §1, eff. June 3, 2017.
La. Civ. Code art. 2670 — LA Code / Code civil-code / Article 2670
Contract to lease
Status: in_force

A contract to enter into a lease at a future time is enforceable by either party if there was agreement as to the thing to be leased and the rent, unless the parties understood that the contract would not be binding until reduced to writing or until its other terms were agreed upon.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Code Crim. Proc. art. 63 — LA Code / Code code-of-criminal-procedure / Article 63
District attorney; assistance of other counsel
Status: in_force

The district attorney may employ or accept the assistance of other counsel in the conduct of a criminal case.
La. Civ. Code art. 669 — LA Code / Code civil-code / Article 669
Regulation of inconvenience.
Status: in_force

If the works or materials for any manufactory or other operation, cause an inconvenience to those in the same or in the neighboring houses, by diffusing smoke or nauseous smell, and there be no servitude established by which they are regulated, their sufferance must be determined by the rules of the police, or the customs of the place.*

* The English text of CC 1808 is a more complete and preferable translation of the French text than the present English text.
La. Ch. Code art. 1456 — LA Code / Code childrens-code / Article 1456
Appeal; writs
Status: in_force

A. A minor who is judicially committed shall be allowed to appeal devolutively from the order to the court of appeal. If the lower court finds the minor indigent, it shall allow the appeal to be taken in forma pauperis.

B. Upon perfection of an appeal, it shall be heard in a summary manner, taking preference over all other cases except similar matters.

C. Upon affirmation of the order of commitment, the minor may apply for appropriate writs from the supreme court which shall be heard in a summary manner.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
La. Ch. Code art. 1520 — LA Code / Code childrens-code / Article 1520
Judgment
Status: in_force

A. The court shall render a written judgment granting or denying the transfer of custody.

B. If the court grants the transfer of custody, the judgment shall order the transfer and recite such terms and conditions as required to protect the safety and secure the best interests of the child and shall also recite all of the following:

(1) All necessary parties are involved.

(2) The transfer is knowing and voluntary.

(3) There is a legitimate purpose and a factual basis to support that purpose.

(4) All parties have been advised of and understand the nature and extent of the transfer, including any terms and conditions, and of their respective rights.

(5) The proposed change of custody is in the best interests of the child.

C. After giving the parent a reasonable opportunity to be heard, the court may order that the parent contribute to the cost of the home study, examination, or of the representation of the child.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 2010, No. 266, §1.
La. Ch. Code art. 659 — LA Code / Code childrens-code / Article 659
Time for adjudication hearing
Status: in_force

A. If the child is in continued custody pursuant to Article 627, the adjudication hearing shall commence within forty-five days of the filing of the petition. If the child is not continued in custody, the adjudication hearing shall commence within one hundred five days of the filing of the petition.

B. After notice to the opposing party and upon a showing of good cause, the court may grant, deny, or condition a requested continuance of the proceeding in extraordinary circumstances. The hearing may be continued for up to five additional days. If a continuance is granted, the court shall issue a written order identifying the mover and reciting the particular facts justifying the continuance.

C. If the hearing has not been commenced timely, upon motion of the child, the court shall release a child continued in custody and may dismiss the petition.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999.
La. Code Civ. Proc. art. 2931 — LA Code / Code code-of-civil-procedure / Article 2931
Annulment of probated testament by direct action; defendants; summary proceeding
Status: in_force

A probated testament may be annulled only by a direct action brought in the succession proceeding against the legatees, the residuary heir, if any, and the executor, if he has not been discharged. The action shall be tried as a summary proceeding.

Amended by Acts 1984, No. 90, §2.
La. Code Civ. Proc. art. 3829 — LA Code / Code code-of-civil-procedure / Article 3829
Notice of hearing
Status: in_force

When a person is in custody by virtue of a prior court order, or at the request of any person, reasonable written notice of the hearing shall be given to the person who provoked the prior court order or requested the custody.
La. Code Civ. Proc. art. 921 — LA Code / Code code-of-civil-procedure / Article 921
Exception defined
Status: in_force

An exception is a means of defense, other than a denial or avoidance of the demand, used by the defendant, whether in the principal or an incidental action, to retard, dismiss, or defeat the demand brought against him.
La. Code Civ. Proc. art. 4133 — LA Code / Code code-of-civil-procedure / Article 4133
Special mortgage instead of bond
Status: in_force

A. Instead of the security required by Articles 4131 and 4132, the tutor may furnish a special mortgage in favor of the minor on immovable property otherwise unencumbered. The mortgage shall be for the same amount as the security required by Article 4131 and shall be approved by the court as provided in Article 4271.

B. The costs occasioned by the furnishing of a special mortgage shall be borne by the tutor.

C. The special mortgage shall include the date of birth of the minor. The failure to include the date of birth of the minor shall not invalidate the mortgage.

Acts 2005, No. 62, §1.
La. Code Civ. Proc. art. 686 — LA Code / Code code-of-civil-procedure / Article 686
Marital community
Status: in_force

Either spouse is the proper plaintiff, during the existence of the marital community, to sue to enforce a community right; however, if one spouse is the managing spouse with respect to the community right sought to be enforced, then that spouse is the proper plaintiff to bring an action to enforce the right.

When doubt exists whether the right sought to be enforced is a community right or is the separate right of the plaintiff spouse, that spouse may sue in the alternative to enforce the right.

When only one spouse sues to enforce a community right, the other spouse is a necessary party. Where the failure to join the other spouse may result in an injustice to that spouse, the trial court may order the joinder of that spouse on its own motion.

Amended by Acts 1970, No. 344, §1; Acts 1979, No. 711, §3, eff. Jan. 1, 1980.
La. Ch. Code art. 1119 — LA Code / Code childrens-code / Article 1119
Anonymity; limitations upon attorney as representative
Status: in_force

A. For purposes of insuring anonymity in private adoptions, an attorney at law licensed to practice in this state may be named in the surrender as representative of the accepting person. The named attorney may facilitate transfer of the child to the accepting person.

B. The attorney shall not be deemed the legal custodian of the child for any reason, including the satisfaction of the domiciliary requirement of Article 1117 of this Title or for the determination of jurisdiction or venue in any subsequent adoption proceeding.

C. The prospective adoptive parent need not be informed of the identity of the surrendering parent nor be shown the petition or other documents connected with the adoption proceeding, including any certification for adoption or court order approving the adoptive placement as required by Chapter 2 of Title XII.

Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
La. Code Crim. Proc. art. 62 — LA Code / Code code-of-criminal-procedure / Article 62
Authority of attorney general; supervision of district attorney
Status: in_force

A. The attorney general shall exercise supervision over all district attorneys in the state.

B. The attorney general has authority to institute and prosecute, or to intervene in any proceeding, as he may deem necessary for the assertion or protection of the rights and interests of the state.

C. In any criminal action or proceeding involving a homicidal death, if deemed necessary for the assertion or protection of the rights and interests of the state, and in accordance with the provisions of Article IV, Section 8 of the Constitution of Louisiana, the attorney general may, with the consent of the district attorney, investigate, prosecute or intervene in the action or proceeding.

D. Any pleading containing an allegation of unconstitutionality of a criminal law shall be in writing and served upon the attorney general of the state. Upon proper service, the attorney general shall have thirty days to respond to the allegations or represent or supervise the interests of the state. The attorney general shall have a right to directly appeal adverse rulings to the Supreme Court of Louisiana for supervisory review whether or not the attorney general participated in the underlying proceeding.

Acts 2003, No. 1223, §1; Acts 2024, 2 nd Ex. Sess., No. 12, §2.
La. Code Evid. art. 1104 — LA Code / Code code-of-evidence / Article 1104
State v. Prieur; pretrial; burden of proof
Status: in_force

The burden of proof in a pretrial hearing held in accordance with State v. Prieur, 277 So.2d 126 (La. 1973), shall be identical to the burden of proof required by Federal Rules of Evidence Article IV, Rule 404.

Acts 1994, 3rd Ex. Sess., No. 51, §2.
La. Civ. Code art. 399 — LA Code / Code civil-code / Article 399
Responsibility for wrongful filing of interdiction petition
Status: in_force

A petitioner whose petition for interdiction is denied is liable for resulting damages caused to the defendant if the petitioner knew or should have known at the time of filing that any material factual allegation regarding the ability of the defendant consistently to make reasoned decisions or to communicate those decisions was false.

Acts 2000, 1st Ex. Sess., No. 25, §1, eff. July 1, 2001.