FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 2887 — LA Code / Code code-of-civil-procedure / Article 2887
Notarial testament
Status: in_force

A.(1) A notarial testament executed pursuant to Civil Code Article 1576 does not need to be proved if it is signed on each separate page at the time of execution and is accompanied by either of the following declarations:

(a) In the testament, the following declaration, or one that is substantially similar, signed by the notary and the subscribing witnesses: "In our presence the testator has declared or signified that this instrument is his testament and has signed each separate page."

(b) In an affidavit attached to the testament but executed after the execution of the testament, the following declaration, or one that is substantially similar, signed by the notary and the witnesses who subscribed to the will: "In our presence the testator has declared or signified that the attached instrument is his testament and has signed each separate page."

(2) If the testator is unable to sign and has directed another person to sign on his behalf, the testament shall be signed on each separate page by the person directed to sign by the testator, and the declarations provided in Subparagraph (1) of this Paragraph shall be modified to indicate that a person other than the testator signed at the direction of the testator.

B.(1) A notarial testament that does not comply with Paragraph A of this Article shall be proved to have been signed by the testator or by another person at the testator's direction either by the testimony of the notary and at least one of the subscribing witnesses or by the testimony of the two subscribing witnesses.

(2) If only the notary or only one of the subscribing witnesses is living in the state, not incapacitated, or can be located, the testimony of the notary or one of the witnesses that the testament was signed by the testator or by another person at the testator's direction shall be sufficient.

(3) If the notary and all of the subscribing witnesses are dead, absent from the state, incapacitated, or cannot be located, the testament may be proved by the testimony of two credible witnesses who recognize the signature of the testator on the testament.

(4) A person's testimony for the purpose of this Paragraph may be given in the form of an affidavit executed after the death of the testator, unless the court in its discretion requires the person to appear and testify orally. All affidavits accepted by the court in lieu of oral testimony shall be filed in the probate proceedings. This Subparagraph does not apply to testimony with respect to the genuineness of a will that is judicially attacked.

Acts 2025, No. 30, §2.
La. Civ. Code art. 580 — LA Code / Code civil-code / Article 580
Reimbursement for necessary repairs
Status: in_force

If, after the usufruct commences and before the usufructuary is put in possession, the naked owner incurs necessary expenses or makes repairs for which the usufructuary is responsible, the naked owner has the right to claim the cost from the usufructuary and may retain the possession of the things subject to the usufruct until he is paid.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.
La. Civ. Code art. 1498 — LA Code / Code civil-code / Article 1498
Nullity of donation inter vivos of entire patrimony
Status: in_force

The donation inter vivos shall in no case divest the donor of all his property; he must reserve to himself enough for subsistence. If he does not do so, a donation of a movable is null for the whole, and a donation of an immovable is null for the whole unless the donee has alienated the immovable by onerous title, in which case the donation of such immovable shall not be declared null on the ground that the donor did not reserve to himself enough for his subsistence, but the donee is bound to return the value that the immovable had at the time that the donee received it. If the donee has created a real right by onerous title in the immovable given to him, or such right has been created by operation of law since the donee received the immovable, the donation is null for the whole and the donor may claim the immovable in the hands of the donee, but the property remains subject to the real right that has been created. In such a case, the donee and his successors by gratuitous title are accountable for the resulting diminution of the value of the property.

Amended by Acts 1981, No. 645, §1; Acts 1990, No. 147, §1, eff. July 1, 1990; Acts 1995, No. 1180, §1, eff. Jan. 1, 1996; Acts 1996, 1st Ex. Sess., No. 77, §1.
La. Code Crim. Proc. art. 683.1 — LA Code / Code code-of-criminal-procedure / Article 683.1
Costs of prosecution and investigation
Status: in_force

A. Whenever the district attorney of the parish of original jurisdiction and venue is recused or requests another district attorney or the attorney general to undertake a prosecution or an investigation reasonably related to a possible prosecution and such other district attorney or the attorney general actually undertakes same, the costs of such prosecution and investigation shall be borne by the parish of original jurisdiction and venue, which shall reimburse such other district attorney or the attorney general therefor.

B. For the purposes of this Article, "costs of prosecution and investigation" include not only unreimbursed court costs but also the actual costs of travel, including mileage or transportation costs, lodging, and meals, all in accord with the travel regulations of the Division of Administration; the actual costs of experts and expert witnesses, their actual costs of travel, including mileage or transportation costs, lodging, and meals; laboratory fees, and all other actual costs of performing the prosecution and investigation.

Acts 1986, No. 895, §1.
La. Civ. Code art. 519 — LA Code / Code civil-code / Article 519
Transfer of action for recovery of movable.
Status: in_force

When a movable is in the possession of a third person, the assignment of the action for the recovery of that movable suffices for the transfer of its ownership.

Acts 1979, No. 180, §1.
La. Code Crim. Proc. art. 30 — LA Code / Code code-of-criminal-procedure / Article 30
The peace bond
Status: in_force

A. The peace bond shall be for a specified period, not to exceed six months, and its condition shall be that the defendant will not commit the threatened or any related breach of the peace. The bond shall be for a sum fixed by the magistrate. When fixed by a justice of the peace, the maximum amount of the bond shall not exceed one thousand dollars.

B. If the peace bond is for the purpose of preventing domestic abuse or dating violence, the magistrate 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 immediately forward it to the clerk of court for filing on the day that the order is issued. The clerk of the issuing court shall transmit the Uniform Abuse Prevention Order to the Judicial Administrator's Office, Louisiana Supreme Court, for entry into the Louisiana Protective Order Registry, as provided in R.S. 46:2136.2(A), by facsimile transmission or direct electronic input 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. The clerk of the issuing court shall also send a copy of the Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), or any modification thereof, to the chief law enforcement officer of the parish where the person or persons protected by the order reside by facsimile transmission or direct electronic input 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. A copy of the Uniform Abuse Prevention Order shall be retained on file in the office of the chief law enforcement officer until otherwise directed by the court.

C. The peace bond obligation shall run in favor of the clerk or judge of the court ordering the bond, in favor of the city when ordered by the mayor of a mayor's court, or in favor of the police jury when the bond is ordered by a justice of the peace. The proceeds shall be disposed of in the manner provided by law.

D. The types of security for a peace bond shall be governed by the bail bond rules set forth in Title VIII, as far as applicable.

Amended by Acts 1979, No. 289, §1; Acts 2003, No. 750, §2; Acts 2014, No. 317, §6.
La. Code Civ. Proc. art. 1037 — LA Code / Code code-of-civil-procedure / Article 1037
Action instituted separately
Status: in_force

When a person does not assert in an incidental demand the action which he has against a party to the principal action or a third person, he does not thereby lose his right of action, except as provided in Article 1113, and except as provided in Article 1061.

Acts 1990, No. 521, §2, eff. Jan. 1, 1991.
La. Ch. Code art. 1301.3 — LA Code / Code childrens-code / Article 1301.3
State tribunal and support enforcement agency
Status: in_force

A. The district courts or, if applicable, the family or juvenile courts, and the division of administrative review, Department of Children and Family Services, or other administrative law division authorized by law, are the tribunals of this state for purposes of this Chapter.

B. The Department of Children and Family Services is the support enforcement agency of this state.

Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Code Civ. Proc. art. 2123 — LA Code / Code code-of-civil-procedure / Article 2123
Delay for taking suspensive appeal
Status: in_force

A. Except as otherwise provided by law, an appeal that suspends the effect or the execution of an appealable order or judgment may be taken, and the security therefor furnished, only within thirty days of any of the following:

(1) The expiration of the delay for applying for a new trial or judgment notwithstanding the verdict, as provided by Article 1974 and Article 1811, if no application has been filed timely.

(2) The date of the mailing of notice of the court's refusal to grant a timely application for a new trial or judgment notwithstanding the verdict, as provided under Article 1914.

B. Whenever one or more parties file motions for a new trial or for judgment notwithstanding the verdict, the delay periods specified herein commence for all parties at the time they commence for the party whose motion is last to be acted upon by the trial court.

C. An order of appeal is premature if granted before the court disposes of all timely filed motions for new trial or judgment notwithstanding the verdict. The order becomes effective upon the denial of such motions.

D. The time within which to take a suspensive appeal under the provisions of this Article is interrupted for all parties upon the filing of a notice of removal in a district court of the United States, pursuant to the provisions of 28 U.S.C. 1446, and commences anew on the date the proceeding is remanded.

Amended by Acts 1974, No. 129, §1; Acts 1987, No. 695, §1; Acts 1995, No. 658, §1; Acts 1997, No. 609, §1; Acts 1997, No. 1056, §1.
La. Civ. Code art. 3013 — LA Code / Code civil-code / Article 3013
Compensation for loss sustained by the mandatary
Status: in_force

The principal is bound to compensate the mandatary for loss the mandatary sustains as a result of the mandate, but not for loss caused by the fault of the mandatary.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
La. Civ. Code art. 40 — LA Code / Code civil-code / Article 40
Domicile of spouses
Status: in_force

Spouses may have either a common domicile or separate domiciles.

Acts 2008, No. 801, §1, eff. Jan. 1, 2009.
La. Civ. Code art. 3187 — LA Code / Code civil-code / Article 3187
Basis of preferences among privileges.
Status: in_force

Among creditors who are privileged, the preference is settled by the different nature of their privileges.
La. Code Crim. Proc. art. 595 — LA Code / Code code-of-criminal-procedure / Article 595
Double jeopardy; when not applicable
Status: in_force

A person shall not be considered as having been in jeopardy in a trial in which:

(1) The court was illegally constituted or lacked jurisdiction;

(2) The prosecution was dismissed because it was instituted in an improper venue; or

(3) The indictment was invalid.
La. Ch. Code art. 1548 — LA Code / Code childrens-code / Article 1548
Hearing; confidentiality; best interest of the minor; evidence of human trafficking, sexual assault, domestic violence, coercion, duress, or undue influence
Status: in_force

A. The court shall hear a request for authorization for a minor to marry in chambers.

B. The judge shall require that both the prospective husband and prospective wife be present for the hearing and there shall be a separate in camera interview of the prospective spouses.

C. In determining the best interest of the minor prospective spouse, the court shall consider all of the following:

(1) Pregnancy of the prospective wife.

(2) If the prospective spouses are already living together.

(3) Housing and living conditions prior to the prospective marriage and where the prospective spouses intend to live after the marriage.

(4) The ages of the prospective spouses.

(5) The age differential between the prospective spouses.

(6) How the prospective spouses came to know each other.

(7) The stated reasons why each of the prospective spouses desires to marry one another.

(8) Consent of mother, father, or person having legal custody of the minor.

D. The judge may require evidence of proof of residency, educational attainment, juvenile offense history, or criminal history to be produced.

E. The judge shall conduct an inquiry to determine if there exists any evidence that the minor is a victim of human trafficking, sexual assault, domestic violence, coercion, duress, or undue influence. In conducting the inquiry, the judge shall ask all of the following questions:

(1) Whether one prospective spouse is in a position of authority over the other prospective spouse.

(2) Previous marriage or marriages of either of the prospective spouses.

(3) Residency and length of residency of the prospective spouses.

(4) How long the prospective spouses have known each other.

(5) Length of relationship between the prospective spouses.

(6) Any evidence of kidnaping, sexual assault, or domestic violence between the prospective spouses.

(7) Whether one of the prospective spouses was the victim of a sexual offense committed by the other prospective spouse.

(8) Evidence of domestic violence, spousal abuse, or sexual offenses committed by either of the prospective spouses upon anyone.

(9) Criminal history of the prospective spouses.

(10) Whether either prospective husband or wife provided or promised a third party anything of value in exchange for the marriage.

(11) Evidence of maturity and self-sufficiency of the prospective spouses through educational attainment or employment.

(12) Evidence of at least eight hours of premarital counseling from the prospective spouses.

(13) Any history of any medical condition or chemical dependency of either of the prospective spouses.

F. If the judge finds any evidence of human trafficking, sexual assault, domestic violence, coercion, or undue influence, he shall immediately report it to local law enforcement or child protective services, and shall not authorize the marriage.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 2019, No. 401, §3.
La. Civ. Code art. 951 — LA Code / Code civil-code / Article 951
Nullity of premature acceptance or renunciation
Status: in_force

A premature acceptance or renunciation is absolutely null.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Civ. Code art. 103 — LA Code / Code civil-code / Article 103
Judgment of divorce; other grounds
Status: in_force

Except in the case of a covenant marriage, a divorce shall be granted on the petition of a spouse upon proof that:

(1) The spouses have been living separate and apart continuously for the requisite period of time, in accordance with Article 103.1, or more on the date the petition is filed.

(2) The other spouse has committed adultery.

(3) The other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor.

(4) During the marriage, the other spouse physically or sexually abused the spouse seeking divorce or a child of one of the spouses, regardless of whether the other spouse was prosecuted for the act of abuse.

(5) After a contradictory hearing or consent decree, a protective order or an injunction was issued during the marriage against the other spouse to protect the spouse seeking the divorce or a child of one of the spouses from abuse.

Acts 1990, No. 1009, §2, eff. Jan. 1, 1991; Acts 1991, No. 918, §1; Acts 1997, No. 1380, §1; Acts 2006, No. 743, §1, eff. Jan. 1, 2007; Acts 2014, No. 316, §1; Acts 2015, No. 221, §1; Acts 2018, No. 265, §1.
La. Ch. Code art. 1001 — LA Code / Code childrens-code / Article 1001
Purpose
Status: in_force

The purpose of this Title is to protect children whose parents are unwilling or unable to provide safety and care adequate to meet their physical, emotional, and mental health needs, by providing a judicial process for the termination of all parental rights and responsibilities and for the certification of the child for adoption. In all proceedings, the primary concern is to secure the best interest of the child if a ground justifying termination of parental rights is proved. Termination of parental rights is to be considered the first step toward permanent placement of the child in a safe and suitable home, and if at all possible, to achieve the child's adoption. The procedural provisions of this Title shall be construed liberally. The proceedings shall be conducted expeditiously to avoid delays in resolving the status of the parent and in achieving permanency for children.

Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1; Acts 1999, No. 449, §1, eff. July 1, 1999.
La. Code Crim. Proc. art. 349.6 — LA Code / Code code-of-criminal-procedure / Article 349.6
Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Status: repealed

Acts 2010, No. 914, §1; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
La. Ch. Code art. 1269.2 — LA Code / Code childrens-code / Article 1269.2
Continuing post-adoption contact; foster child adoptions
Status: in_force

A. In an agency adoption in which the department is the custodian of the child, the court may approve an agreement executed in conformity with the requirements of this Chapter that provides for continuing contact between the child to be adopted and his grandparent, sibling, and any parent whose consent or relinquishment is required for the adoption of the person, if both of the following conditions are met:

(1) The child has an established, significant relationship with that person to the extent that its loss would cause substantial harm to the child.

(2) The preservation of the relationship would otherwise be in the best interest of the child.

B. If there is no parental relationship that meets the requirements of Paragraph A of this Article, the court may approve an agreement, executed in conformity with the requirements of this Chapter, that provides for continuing contact between the child to be adopted and any other relative or foster parent whose relationship with the child meets those requirements.

C. When adoption is approved by the court as the permanent plan for the child, the department shall inform any parent, grandparent, sibling, or any other relative or foster parent who meets the requirements of Paragraph A or B of this Article of the possibility of post-adoption contact with the child upon agreement with the adoptive parents in accordance with the provisions of this Chapter.

Acts 2001, No. 568, §1, eff. Jan. 1, 2002; Acts 2003, No. 567, §1; Acts 2008, No. 583, §§1, 2.
La. Civ. Code art. 2994 — LA Code / Code civil-code / Article 2994
General authority
Status: in_force

The principal may confer on the mandatary general authority to do whatever is appropriate under the circumstances.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
La. Ch. Code art. 631 — LA Code / Code childrens-code / Article 631
Authority to file petition; custody
Status: in_force

A. A child in need of care proceeding shall be commenced by petition filed by the district attorney. The Department of Children and Family Services, when authorized by the court, may file a petition if there are reasonable grounds to believe that the child is a child in need of care.

B. At any time prior to adjudication, any person, including a relative of the child, may petition the court for the provisional or permanent legal custody of the child.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1999, No. 1317, §2; Acts 2010, No. 462, §1, eff. June 22, 2010; Acts 2014, No. 354, §1.
La. Civ. Code art. 1325 — LA Code / Code civil-code / Article 1325
Inventory within one year of partition suit.
Status: in_force

The public inventory, which may have been made by the parties interested at a time not exceeding one year previous to the suit for a partition, shall serve as the basis of the partition, unless one of the heirs demands a new appraisement, and proves that the effects mentioned in the inventory have not been estimated at their just price, or at the value they have acquired since the date of this act.
La. Civ. Code art. 195 — LA Code / Code civil-code / Article 195
Presumption by marriage and acknowledgment; child not filiated to another man; proof; time period
Status: in_force

A man who marries the mother of a child not filiated to another man and who, with the concurrence of the mother, acknowledges the child by authentic act is presumed to be the father of that child.

The husband may disavow paternity of the child as provided in Article 187. Revocation of the authentic act of acknowledgment alone is not sufficient to rebut the presumption of paternity created by this Article.

The action for disavowal is subject to a peremptive period of one hundred eighty days. This peremptive period commences to run from the day of the marriage or the acknowledgment, whichever occurs later.

Acts 2005, No. 192, §1, eff. June 29, 2005; Acts 2009, No. 3, §3, eff. June 9, 2009; Acts 2016, No. 309, §1.
La. Code Civ. Proc. art. 3606 — LA Code / Code code-of-civil-procedure / Article 3606
Temporary restraining order; hearing on preliminary injunction
Status: in_force

A. When a temporary restraining order is granted, the application for a preliminary injunction shall be assigned for hearing at the earliest possible time, subject to Article 3602, and shall take precedence over all matters except older matters of the same character. The party who obtains a temporary restraining order shall proceed with the application for a preliminary injunction when it comes on for hearing. Upon his failure to do so, the court shall dissolve the temporary restraining order.

B. In the event that the hearing on the issuance of a preliminary injunction is continued by the court because of a declared state of emergency made in accordance with R.S. 29:724, any temporary restraining order issued in the matter shall remain in force for five days after the conclusion of the state of emergency. When a temporary restraining order remains in force under this Paragraph, the court shall reassign the application for a preliminary injunction for hearing at the earliest possible time, but no later than five days after the conclusion of the state of emergency. The reassignment of the application shall take precedence over all matters except older matters of the same character.

Acts 2014, No. 618, §1.
La. Civ. Code art. 2315.10 — LA Code / Code civil-code / Article 2315.10
Liability for death caused by hazing; additional damages
Status: in_force

In addition to general and special damages, exemplary damages may be awarded upon proof that the death on which the action is based was caused by a wanton and reckless disregard for the rights and safety of the victim through an act of hazing, as defined by R.S. 17:1801, regardless of whether the defendant was prosecuted for his acts.

Acts 2018, No. 481, §1, eff. May 25, 2018.