FrankGoortani/open-us-law huggingface dataset:
La. Code Crim. Proc. art. 516 — LA Code / Code code-of-criminal-procedure / Article 516
Belated pleas and motions; when authorized
Status: in_force

When a defendant has pleaded at the arraignment without counsel, counsel subsequently appointed or procured before trial shall be given a reasonable time within which to withdraw any motion, plea, or waiver made by the defendant, and to enter any other motion or plea.
La. Ch. Code art. 1281.3 — LA Code / Code childrens-code / Article 1281.3
Definitions
Status: in_force

As used in this Title:

(1) "Agency" or "child placing agency" includes the Department of Children and Family Services, the corresponding department of any other state, and those private agencies and institutions licensed for the placement of children for adoption by the Department of Children and Family Services or by the corresponding department of any other state. Any person offering or providing intercountry adoption services shall be accredited by the Department of State in accordance with the Intercountry Adoption Universal Accreditation Act of 2012.

(2) "Birth certificate" means official documentation of the child's record of birth acceptable to the United States Citizenship and Immigration Services and, if the document is not in English, a certified translation of the document.

(3) "Convention adoptee" or "Hague Convention adoptee" means a child living in a Hague Convention country who is under the age of sixteen at the time a Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, is filed on his behalf and who is found by the Department of State and United States Citizenship and Immigration Services to meet the definition of "Convention Adoptee" under Section 101(b)(1)(G) of the Immigration and Nationality Act (8 USC 1101(b)(1)(G)).

(4) "Department" means the Louisiana Department of Children and Family Services.

(5) "Foreign orphan" means a child living in a Non-Hague Convention country (a) who is under the age of sixteen at the time a Form I-600, Petition to Classify Orphan as an Immediate Relative, is filed on his behalf and who is found by the Department of State or United States Citizenship and Immigration Services to meet the definition of "orphan" under Section 101(b)(1)(F) of the Immigration and Nationality Act (8 USC 1101(b)(1)(F)); or (b) who is under the age of eighteen and is a biological sibling of a child previously adopted by the same applicant(s) who is petitioning on his behalf.

(6) "Hague Convention adoption" or "Hague adoption" or "Convention adoption" means the adoption of a child habitually residing in any country outside the United States that is a party to the Hague Adoption Convention. "Orphan adoption" or "Non-Hague adoption" refers to the adoption of a child from a country that is not a party to the Hague Adoption Convention.

Acts 1999, No. 1268, §1; Acts 2004, No. 26, §3; Acts 2013, No. 86, §1.
La. Code Crim. Proc. art. 995 — LA Code / Code code-of-criminal-procedure / Article 995
Order of interim expungement form to be used
Status: in_force

"STATE OF LOUISIANA

JUDICIAL DISTRICT FOR THE PARISH OF

______________________________

No.: ____________

Division: "_______"

State of Louisiana

vs.

_______________________________________________________

ORDER OF EXPUNGEMENT OF INTERIM ARREST RECORD

Considering the Motion for Expungement

*

The hearing conducted and evidence adduced herein, OR

*

Affidavits of No Opposition filed,

IT IS ORDERED, ADJUDGED AND DECREED

*

THE MOTION IS DENIED for the following reasons (check all that apply):

*

Mover was not arrested for a felony.

*

Mover was not convicted of a misdemeanor offense.

*

THE MOTION IS HEREBY GRANTED and the Louisiana Bureau of Criminal Identification and Information is hereby ordered to expunge the entry of the felony charge(s) contained in the criminal history of the above-named for the following felony charge(s):

La. R.S.

_______: ________

Name of Offense

________________________________

La. R.S.

_______: ________

Name of Offense

________________________________

IT IS FURTHER ORDERED that the Clerk of Court, District Attorney and arresting agency expunge the entry of the felony charge(s) from any public indices of the above-named on the above enumerated charge(s).

THUS ORDERED AND SIGNED this ____ day of _________________________,

20 ______ at

_________________________, Louisiana.

____________________________

JUDGE

PLEASE SERVE:

1.

District Attorney ______________________________________________

2.

Louisiana Bureau of Criminal Identification and Information ___________

3.

Arresting Agency _____________________________________________"

Acts 2014, No. 145, §1.
La. Code Crim. Proc. art. 467 — LA Code / Code code-of-criminal-procedure / Article 467
Naming corporation, partnership or other unincorporated association
Status: in_force

If the defendant is a corporation, it is sufficient to state the corporate name of the defendant in an indictment, or to state any name or designation by which it has been or is known or by which it may be identified, without an averment that it is a corporation or that it was incorporated according to law.

If the defendant is a partnership or other association of persons not incorporated, it is sufficient to state any proper name of the partnership or association, or to state any name or designation by which it is known, or to state the names of all the persons in the partnership or association, or to state the name of one or more persons in the partnership or association referring to the other or others as "another" or "others." It is not necessary to state the legal form of the partnership or association.
La. Code Civ. Proc. art. 647 — LA Code / Code code-of-civil-procedure / Article 647
Permissive joinder governed by rules of cumulation of actions
Status: in_force

The permissive joinder of two or more plaintiffs or defendants in the same suit is governed by the rules regulating the cumulation of actions provided in Articles 463 through 465.
La. Code Crim. Proc. art. 654 — LA Code / Code code-of-criminal-procedure / Article 654
Legal effect of acquittal on ground of insanity; commitment
Status: in_force

When a verdict of not guilty by reason of insanity is returned in a capital case, the court shall commit the defendant to a proper state mental institution or to a private mental institution approved by the court for custody, care, and treatment.

When a defendant is found not guilty by reason of insanity in any other felony case, the court shall remand him to the parish jail or to a private mental institution approved by the court and shall promptly hold a contradictory hearing at which the defendant shall have the burden of proof, to determine whether the defendant can be discharged or can be released on probation, without danger to others or to himself. If the court determines that the defendant cannot be released without danger to others or to himself, it shall order him committed to a proper state mental institution or to a private mental institution approved by the court for custody, care, and treatment. If the court determines that the defendant can be discharged or released on probation without danger to others or to himself, the court shall either order his discharge, or order his release on probation subject to specified conditions for a fixed or an indeterminate period. The court shall assign written findings of fact and conclusions of law; however, the assignment of reasons shall not delay the implementation of judgment.

Amended by Acts 1975, No. 805, §1; Acts 1982, No. 689, §1.
La. Code Civ. Proc. art. 4562 — LA Code / Code code-of-civil-procedure / Article 4562
Qualification of curator
Status: in_force

A. The person appointed qualifies as curator upon furnishing the security required by law and taking an oath to discharge faithfully the duties of his office.

B.(1) If the person fails to qualify for office within ten days from his appointment or within such other period specified by the court, the court on its own motion, or on motion of any interested person, may revoke the appointment and appoint another qualified person.

(2) The delay allowed for qualification may be extended by the court for good cause.

C. The court rendering an interdiction judgment may issue any protective order necessary to protect the interest of the interdict in the interim between the appointment and qualification of the curator.

Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001.
La. Civ. Code art. 2050 — LA Code / Code civil-code / Article 2050
Provisions interpreted in light of each other
Status: in_force

Each provision in a contract must be interpreted in light of the other provisions so that each is given the meaning suggested by the contract as a whole.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 361 — LA Code / Code civil-code / Article 361
Contest of decree restricting legal capacity
Status: in_force

The decree restricting legal capacity may be contested in the court of domicile by the person under full or limited continuing tutorship or by anyone adversely affected by the decree. For good cause, the court may modify or terminate the decree restricting legal capacity.

Acts 1966, No. 496, §2; Acts 2018, No. 164, §1; Acts 2024, No. 123, §1.
La. Code Crim. Proc. art. 533 — LA Code / Code code-of-criminal-procedure / Article 533
Special grounds for motion to quash grand jury indictment
Status: in_force

A motion to quash an indictment by a grand jury may also be based on one or more of the following grounds:

(1) The manner of selection of the general venire, the grand jury venire, or the grand jury was illegal.

(2) An individual grand juror was not qualified under Article 401.

(3) A person, other than a grand juror, was present while the grand jurors were deliberating or voting, or an unauthorized person was present when the grand jury was examining a witness.

(4) Less than nine grand jurors were present when the indictment was found.

(5) The indictment was not indorsed "a true bill," or the endorsement was not signed by the foreman of the grand jury.
La. Ch. Code art. 1636 — LA Code / Code childrens-code / Article 1636
Member states; effective date; amendment
Status: in_force

NOTE: Art. 1636 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.

A. Any state is eligible to become a member state.

B. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than thirty-five states. The effective date shall be the later of July 1, 2007 or upon enactment of the compact into law by the thirty-fifth state. Thereafter it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The executive heads of the state human services administration with ultimate responsibility for the child welfare program of nonmember states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the compact by all states.

C. The Interstate Commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding on the member states unless and until it is enacted into law by unanimous consent of the member states.

Acts 2010, No. 893, §1.
La. Civ. Code art. 3037 — LA Code / Code civil-code / Article 3037
Surety ostensibly bound as a principal with another; effect of knowledge of the creditor
Status: in_force

One who ostensibly binds himself as a principal obligor to satisfy the present or future obligations of another is nonetheless considered a surety if the principal cause of the contract with the creditor is to guarantee performance of such obligations.

A creditor in whose favor a surety and principal obligor are bound together as principal obligors in solido may presume they are equally concerned in the matter until he clearly knows of their true relationship.

Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
La. Ch. Code art. 551 — LA Code / Code childrens-code / Article 551
Legislative findings
Status: in_force

The legislature finds that society has a responsibility to protect children from abuse and neglect. Provision of independent counsel for abused and neglected children is an essential due process right provided by Louisiana law to ensure sound and fair decisionmaking concerning children's safety, permanency, and well-being. Counsel providing representation in child protection proceedings should have specialized knowledge and skills essential for effective representation, and should participate in multi-disciplinary interaction together with other professionals involved with the child, including interdisciplinary communication, investigation, discovery, meetings, conferences, proceedings, and administrative hearings. Resources to support the provision of legal representation of children should be used efficiently and equitably to assure qualified representation throughout the state.

Acts 2006, No. 271, §1; Acts 2008, No. 567, §1, eff. June 30, 2008; Acts 2008, No. 752, §1.
La. Code Crim. Proc. art. 338 — LA Code / Code code-of-criminal-procedure / Article 338
Cases of nonforfeiture
Status: in_force

A. A judgment decreeing the forfeiture of a bail undertaking shall not be rendered if it is proven, at or prior to the hearing on a rule to show cause, that the defendant, principal on the bail undertaking, failed to appear in court because of any of the following:

(1) The defendant was serving in the armed forces of the United States.

(2) The defendant was a member of the Louisiana National Guard called to duty pursuant to R.S. 29:7.

(3) The defendant was prevented from appearing due to a state of emergency declared by the governor.

B. There shall be a rebuttable presumption that the calling of the defendant to duty pursuant to R.S. 29:7 prevented the defendant, principal on the bail undertaking, from attending court.

Acts 1983, No. 370, §1; Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 1995, No. 989, §1; Acts 1999, No. 676, §1; Acts 1999, No. 1272, §1; Acts 2010, No. 914, §1; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
La. Ch. Code art. 1257 — LA Code / Code childrens-code / Article 1257
Change of name
Status: in_force

The full name of the adopted child may be changed in the final decree of intrafamily adoption and, if changed, the surname shall be the same as that of the adoptive parent.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Ch. Code art. 750 — LA Code / Code childrens-code / Article 750
Amendment of petition
Status: in_force

A. Without leave of court, the court's designate may amend the petition at any time prior to the adjudication hearing to add new names of agencies or institutions having the legal responsibility to provide services to the family or to delete the names of agencies or institutions named in the original petition.

B. The petitioner may amend the petition at any time to cure defects of form, imperfection, omission, or uncertainty.

C. Prior to the adjudication hearing, the petitioner may amend the petition to include new allegations of fact or requests for adjudication.

D. Prior to the adjudication hearing, the petitioner may dismiss the family in need of services petition and instead file a petition which alleges delinquency pursuant to Title VIII of this Code or that a child is in need of care pursuant to Title VI of this Code.

E. On motion of the child or parent that he has been prejudiced in his defense on the merits by defect of form, imperfection, omission, or uncertainty, the court may grant a continuance for a reasonable time. In determining whether the child or parent has been prejudiced in his defense upon the merits, the court shall consider all circumstances of the case and the entire course of the proceedings.

Acts 1991, No. 235, §7; Acts 2021, No. 270, §1.
La. Code Crim. Proc. art. 793 — LA Code / Code code-of-criminal-procedure / Article 793
Use of evidence in jury room; reading of recorded testimony; jurors' notes
Status: in_force

A. Except as provided in Paragraph B of this Article, a juror must rely upon his memory in reaching a verdict. He shall not be permitted to refer to notes or to have access to any written evidence. Testimony shall not be repeated to the jury. Upon the request of a juror and in the discretion of the court, the jury may take with it or have sent to it any object or document received in evidence when a physical examination thereof is required to enable the jury to arrive at a verdict.

B. A juror shall be permitted to take notes when agreement to granting such permission has been made between the defendant and the state in open court but not within the presence of the jury. The court shall provide the needed writing implements. Jurors may, but need not, take notes and such notes may be used during the jury's deliberations but shall not be preserved for review on appeal. The trial judge shall ensure the confidentiality of the notes during the course of trial and the jury's deliberation and shall cause the notes to be destroyed immediately upon return of the verdict.

C. The lack of consent by either the defendant or the state to allow a juror to take notes during a trial shall not be communicated to the jury.

Acts 2001, No. 465, §1.
La. Ch. Code art. 1138 — LA Code / Code childrens-code / Article 1138
Hearing of opposition to adoption; establishment of parental rights
Status: in_force

A. At the hearing of the opposition, the alleged or adjudicated father must establish his parental rights by acknowledging that he is the father of the child and by proving that he has manifested a substantial commitment to his parental responsibilities and that he is a fit parent of his child.

B. Proof of the father's substantial commitment to his parental responsibilities requires a showing, in accordance with his means and knowledge of the mother's pregnancy or the child's birth, that he either:

(1) Provided financial support, including but not limited to the payment of consistent support to the mother during her pregnancy, contributions to the payment of the medical expenses of pregnancy and birth, or contributions of consistent support of the child after birth; that he frequently and consistently visited the child after birth; and that he is now willing and able to assume legal and physical care of the child.

(2) Was willing to provide such support and to visit the child and that he made reasonable attempts to manifest such a parental commitment, but was thwarted in his efforts by the mother or her agents, and that he is now willing and able to assume legal and physical care of the child.

C. The child, the mother of the child, and the legal custodian may offer rebuttal evidence limited to the issues enumerated in Paragraphs A and B of this Article. However, the primary consideration shall be, and the court shall accept evidence concerning, the best interests of the child.

D. If the court finds that the alleged or adjudicated father has failed to establish his parental rights, it shall decree that his rights are terminated.

E. If the court finds that the alleged or adjudicated father has established his parental rights, the court shall declare that no adoption may be granted without his consent. The court may also order the alleged or adjudicated father to reimburse the department, or the licensed private adoption agency, or other agency, or whoever has assumed liability for such costs, all or part of the medical expenses incurred for the mother and the child in connection with the birth of the child.

Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1997, No. 797, §1; Acts 2001, No. 910, §1.
La. Code Crim. Proc. art. 404.1 — LA Code / Code code-of-criminal-procedure / Article 404.1
Powers, duties, and functions of the board of jury commissioners in Orleans Parish
Status: in_force

A. Notwithstanding any other law to the contrary, this Article shall apply to the board of jury commissioners in Orleans Parish. In Orleans Parish, there shall be a board of jury commissioners, hereinafter referred to as "the board", composed of five members appointed by the governor, subject to confirmation of the Senate, to serve at his pleasure. The board shall meet at least once every six months and when it is ordered to do so by the court and may meet to select or supplement the general venire for grand and petit jurors. Three members shall constitute a quorum. The board may select a new general venire at any meeting and shall do so when ordered by the court.

B. The board in such parishes may, with the concurrence of the judges of the criminal district court, have subpoenas served through personal or domiciliary service by depositing same in the United States mail, regular, certified, or registered, addressed to the juror at his usual residence or business address. The date of mailing shall be not less than fifteen days prior to the date on which the addressee is subpoenaed to appear. When service is by regular mail, the board of jury commissioners shall retain a record of the date of mailing. In cases of service by regular mail, prior to any contempt citation, the person shall be served by registered or certified mail with return receipt requested. If service is made by registered or certified mail with return receipt requested, the return receipt shall be retained by the jury commission as proof of proper service and failure of the person to respond to the subpoena so served shall constitute contempt of court.

C. The municipality which the board serves in such parishes shall cooperate with the board to provide the board with records, computer and other equipment, voter registration rolls, tapes, and other items which it needs to compile the general venire of grand jurors and petit jurors at no cost to the board.

D. The board in such parishes shall develop a plan to govern its operation. Such plan shall be approved by a majority of the judges of the criminal district court of such parishes.

E. The board shall have authority over all its employees, subject to supervision by the criminal district court. The board, by majority vote, shall determine all matters relating to its jurisdiction, subject only to the approval of the judges of the district court or criminal district court.

F. The accounting functions of the board and of the jury commission shall be transferred to the judicial administrator of the criminal district court.

G. All procedures and policies developed by the jury commission shall be under the direction and subject to the approval of the criminal district court, en banc.

Acts 1985, No. 558, §1; Acts 1987, No. 281, §1; Acts 1991, No. 289, §2; Acts 2011, 1 st Ex. Sess., No. 16, §1.
La. Civ. Code art. 1837 — LA Code / Code civil-code / Article 1837
Act under private signature
Status: in_force

An act under private signature need not be written by the parties, but must be signed by them.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Ch. Code art. 1156 — LA Code / Code childrens-code / Article 1156
Reclaiming parental rights; time limitations; paternity testing; home study
Status: in_force

A. Within thirty days after the relinquishment, a parent who has relinquished an infant may seek to reclaim parental rights by filing in the court in the parish in which the infant was relinquished a motion evidencing a declaration of his intention to retain his parental rights.

B. The court shall set the parent's motion for contradictory hearing against the department to be held within twenty days of the filing of the motion. No continuances shall be granted, except in extraordinary circumstances and upon a showing of good cause.

C. The court shall issue an order for immediate blood or tissue testing, in accordance with the provisions of R.S. 9:396 et seq., and shall order an expedited report.

D. The court shall also order the department to immediately conduct a home study of any parent seeking to reclaim or establish his rights and promptly report to the court concerning its findings.

Acts 2003, No. 609, §2.