FrankGoortani/open-us-law huggingface dataset:
La. Ch. Code art. 1157 — LA Code / Code childrens-code / Article 1157
Reclaiming of parental rights by the relinquishing parent; hearing
Status: in_force

A. A relinquishing parent may reclaim parental rights by proving by clear and convincing evidence that:

(1) The parent is the parent of the child.

(2) Setting aside the relinquishment and permitting the parent to reclaim the child is in the child's best interests.

B. If the court finds that the relinquishment should be set aside and that the parent may reclaim his parental rights, then the parent shall prove also that he has manifested a substantial commitment to his parental responsibilities and that he is a fit parent of the child.

C. The child, the other parent, and the legal custodian may offer rebuttal evidence limited to the issues enumerated in Paragraphs A and B of this Article.

D. If the court finds that the parent has established his parental rights, the court shall declare that no adoption may be granted without his consent. The court may also order the parent to reimburse the department, or whoever has assumed liability for such costs, all or part of the medical expenses incurred for the infant in connection with his birth and care.

E. If the court finds that the parent has failed to establish his parental rights, it shall declare that his rights are terminated.

Acts 2003, No. 609, §2; Acts 2024, No. 398, §1.
La. Civ. Code art. 2600 — LA Code / Code civil-code / Article 2600
Divisibility of action in lesion among joint sellers and successors, joinder
Status: in_force

If more than one seller concurred in the sale of an immovable owned by them in indivision, or if each of them sold separately his share of the immovable, each seller may bring an action for lesion for his share.

Likewise, if a seller died leaving more than one successor, each successor may bring an action for lesion individually for that share of the immovable corresponding to his right.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 1354 — LA Code / Code civil-code / Article 1354
Inclusion of value of property collated by taking less.
Status: in_force

If, on the contrary, the collation is to be made by taking less, the officer shall add to the credit of the estate the sum due by the heir who is bound to make the collation, according to the appraisement which shall have been made by experts appointed by the judge, separately from the other articles of the succession,* in order that the other heirs may have a sum of money or some object equal to the estimated value of the property subject to collation.

* Note error in English translation of French text; "separately from the other articles of the succession" should be "in one of the articles of the active mass of the succession, but separately from the others."
La. Civ. Code art. 1495.1 — LA Code / Code civil-code / Article 1495.1
Calculation of the legitime
Status: in_force

To determine the legitime of a forced heir when all forced heirs are of the first degree, the division of the forced portion is made by heads.

When representation occurs for purposes of forced heirship, the division is made by roots among those qualifying as forced heirs or being represented. Within each root, any subdivision is also made by roots in each branch, with those qualifying as forced heirs by representation taking by heads.

Nevertheless, if the fraction that would otherwise be used to calculate the legitime is greater than the fraction of the decedent's estate to which the forced heir would succeed by intestacy, then the legitime shall be calculated by using the fraction of an intestate successor.

Acts 2020, No. 19, §1.
La. Ch. Code art. 701 — LA Code / Code childrens-code / Article 701
Applicability
Status: in_force

If at any point in child in need of care proceedings, the child is removed from his parents' care and control and placed in the custody of the department, the provisions of this Chapter shall govern the subsequent review process until such time as the child achieves a permanent placement as defined in Article 603.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
La. Civ. Code art. 2563 — LA Code / Code civil-code / Article 2563
Payment of price after expiration of term but prior to default
Status: in_force

When the contract of sale of an immovable expressly provides for dissolution in case of failure to pay the price, the buyer still has the right to pay, in spite of the express dissolution clause, for as long as the seller has not given the buyer notice that he avails himself of that clause or has not filed suit for dissolution.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Crim. Proc. art. 268 — LA Code / Code code-of-criminal-procedure / Article 268
Issues at extradition hearing; resulting orders
Status: in_force

A. The grounds for discharge at the extradition hearing are that:

(1) The accused is not the person mentioned in the governor's warrant, in the requisition, or in the judgment of conviction, sentence, indictment, information, or affidavit which is the basis of the requisition;

(2) The governor's warrant is not signed; or

(3) A requirement of Article 263 has not been met.

B. The guilt or innocence of the accused as to the crime of which he is charged is not an issue at the hearing. Unless one of the grounds for discharge is proven, the accused shall, without further delay, be delivered into the custody of the designated agent of the demanding state.

C. The court may commit the accused for an additional thirty-day period, to enable the demanding state to furnish the proper and necessary papers, if a ground for discharge under Subparagraph (A)(2) or (3) of this Article has been established. If some other ground for discharge is established the accused shall, without further delay, be released.
La. Ch. Code art. 1149 — LA Code / Code childrens-code / Article 1149
Purpose; short title
Status: in_force

A. The purpose of this Chapter is to provide a mechanism whereby any parent may relinquish the care of an infant to the state in safety, anonymity, and without fear of prosecution.

B. This Chapter shall be known and may be cited as the "Safe Haven Law".

Acts 2003, No. 609, §2; Acts 2015, No. 223, §1.
La. Civ. Code art. 478 — LA Code / Code civil-code / Article 478
Resolutory condition; real right in favor of other person.
Status: in_force

The right of ownership may be subject to a resolutory condition, and it may be burdened with a real right in favor of another person as allowed by law. The ownership of a thing burdened with a usufruct is designated as naked ownership.

Acts 1979, No. 180, §1.
La. Civ. Code art. 949 — LA Code / Code civil-code / Article 949
Death of decedent as prerequisite to acceptance or renunciation
Status: in_force

A person may not accept or renounce rights to succeed before the death of the decedent.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Code Crim. Proc. art. 251 — LA Code / Code code-of-criminal-procedure / Article 251
Legislative intent
Status: in_force

A. The legislature finds that police investigations are strengthened by the use of best practices for investigative procedures, which increase the ability of law enforcement to keep communities safe and apprehend those suspected of criminal activity, reduce erroneous eyewitness identifications, and enhance the reliability and objectivity of eyewitness identification.

B. The legislature further finds that policies and procedures to improve the accuracy of eyewitness identifications, such as those recommended by the Louisiana Sheriff's Executive Management Institute (LSEMI) and the Federal Bureau of Investigation, would help to ensure that the integrity of Louisiana criminal justice investigations is strengthened and enhanced so as to convict the guilty and protect the innocent.

Acts 2018, No. 466, §1, eff. May 23, 2018.
La. Ch. Code art. 674 — LA Code / Code childrens-code / Article 674
Filing
Status: in_force

A. A copy of the case plan shall be filed with the court ten days before any scheduled disposition, permanency, or case review hearing. Upon filing, the department shall provide a copy of the case plan to counsel of record either by mail or electronic mail and shall mail a copy by certified mail to any unrepresented parent at his last known address or send the copy by electronic mail at the electronic mail address expressly designated by the parent in a pleading, at the continued custody or continued safety plan hearing, or at any other hearing at which the parent personally appeared before the court, unless otherwise ordered by the court for good cause.

B. Service by electronic mail is complete upon transmission but is not effective if the serving party learns the transmission did not reach the party to be served.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1997, No. 612, §1; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2015, No. 124, §1, eff. June 19, 2015.
La. Ch. Code art. 1272 — LA Code / Code childrens-code / Article 1272
Matching; verification by original documents; mandatory counseling
Status: in_force

A. The office of community services shall regularly monitor registrant affidavits, utilizing computer services if necessary, to determine whether affidavits have been filed by a registrant as enumerated in Article 1270.

B. If there appears to be a match between current registrants, the office of community services shall notify the registrants of the match and of the counseling requirements of Paragraph D of this Article. Upon verification that each registered person has met the requirements the office of community services shall provide the details of the match to the licensed clinical social worker, social worker acting in the employ of a licensed adoption agency, licensed professional counselor, licensed psychologist, licensed psychiatrist, or licensed marriage and family therapist that provided counseling for the registrant, who shall then contact the registered and matched parties in a careful and confidential manner and give them the information necessary to contact each other.

C. If doubt exists that any registrants are biologically related, the office of community services shall advise them to file a motion with the court having jurisdiction and request permission to open the sealed adoption record for verification. Such verification shall be a compelling reason, within the meaning of Article 1189, to open the adoption records for the limited purpose of verification.

D. Each registrant shall participate in not less than one hour of counseling with a licensed clinical social worker, a social worker acting in the employ of a licensed adoption agency, a licensed professional counselor, a licensed psychologist, medical psychologist, a licensed psychiatrist, or a licensed marriage and family therapist before they will be put in contact with one another.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1997, No. 715, §1; Acts 1999, No. 1309, §9, eff. Jan. 1, 2000; Acts 2001, No. 486, §5, eff. June 21, 2001; Acts 2008, No. 583, §1; Acts 2009, No. 251, §13; Acts 2010, No. 266, §1.
La. Civ. Code art. 3503 — LA Code / Code civil-code / Article 3503
Solidary obligors
Status: in_force

When prescription is interrupted against a solidary obligor, the interruption is effective against all solidary obligors and their successors.

When prescription is interrupted against a successor of a solidary obligor, the interruption is effective against other successors if the obligation is indivisible. If the obligation is divisible, the interruption is effective against other successors only for the portions for which they are bound.

Acts 1983, No. 173, §1, Jan. 1, 1984.
La. Code Crim. Proc. art. 6 — LA Code / Code code-of-criminal-procedure / Article 6
Conjunctive, disjunctive, or both
Status: in_force

Unless the context clearly indicates otherwise:

(1) The word "and" indicates the conjunctive;

(2) The word "or" indicates the disjunctive;

(3) When the article is phrased in the disjunctive, followed by the words "or both," both the conjunctive and disjunctive are intended; and

(4) The word "and" or "or" between the last two items in a series applies to the entire series.
La. Code Crim. Proc. art. 800 — LA Code / Code code-of-criminal-procedure / Article 800
Objection to ruling on challenge for cause
Status: in_force

A. A defendant may not assign as error a ruling refusing to sustain a challenge for cause made by him, unless an objection thereto is made at the time of the ruling. The nature of the objection and grounds therefor shall be stated at the time of objection.

B. The erroneous allowance to the state of a challenge for cause does not afford the defendant a ground for complaint, unless the effect of such ruling is the exercise by the state of more peremptory challenges than it is entitled to by law.

Acts 1983, No. 181, §1.
La. Civ. Code art. 3232 — LA Code / Code civil-code / Article 3232
THE PRIVILEGE OF THE INNKEEPER ON THE
Status: in_force

EFFECTS OF THE TRAVELER

Art. 3232. Innkeepers, definition.

Those are called innkeepers, who keep a tavern or hotel, and make a business of lodging travelers.
La. Civ. Code art. 1361 — LA Code / Code civil-code / Article 1361
Deductions, when collation is by taking less.
Status: in_force

But when the collation is made fictitiously and by taking less, the officer having formed the active mass of the succession, including the collation, deducts the sum at which the property collated is estimated, and on the mass thus reduced the deduction is made.
La. Code Civ. Proc. art. 3223 — LA Code / Code code-of-civil-procedure / Article 3223
Investment of succession funds
Status: in_force

When it appears to the best interest of the succession, and subject to the representative's primary duty to preserve the estate for prompt distribution and to the terms of the testament, if any, the court may authorize a succession representative to invest the funds of the succession and make them productive.

Unless the testator has provided otherwise, such investments shall be restricted to the kinds of investments permitted to trustees by the laws of this state.
La. Civ. Code art. 3017 — LA Code / Code civil-code / Article 3017
Undisclosed mandate
Status: in_force

A mandatary who contracts in his own name without disclosing his status as a mandatary binds himself personally for the performance of the contract.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
La. Civ. Code art. 2674 — LA Code / Code civil-code / Article 2674
Ownership of the thing
Status: in_force

A lease of a thing that does not belong to the lessor may nevertheless be binding on the parties.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Civ. Code art. 123 — LA Code / Code civil-code / Article 123
Form of award; effect of remarriage or death
Status: in_force

The sum awarded for contributions made to the education or training of a spouse may be a sum certain payable in installments.

The award shall not terminate upon the remarriage or death of either party.

Acts 1990, No. 1008, §2, eff. Jan. 1, 1991.
La. Civ. Code art. 515 — LA Code / Code civil-code / Article 515
Recovery of materials or value in lieu of ownership.
Status: in_force

When an owner of materials that have been used without his knowledge for the making of a new thing acquires the ownership of that thing, he may demand that, in lieu of the ownership of the new thing, materials of the same species, quantity, weight, measure and quality or their value be delivered to him.

Acts 1979, No. 180, §1.
La. Civ. Code art. 1966 — LA Code / Code civil-code / Article 1966
No obligation without cause
Status: in_force

An obligation cannot exist without a lawful cause.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Crim. Proc. art. 871.1 — LA Code / Code code-of-criminal-procedure / Article 871.1
Sentencing orders to be sent to Louisiana Protective Order Registry
Status: in_force

If part of the sentence contains an order for the purpose of preventing violent or threatening acts or harassment against, contact or communication with, or physical proximity to, another person in order to prevent domestic abuse or dating violence, the judge shall cause to have prepared a Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall 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.

Acts 1997, No. 1156, §3; Acts 2003, No. 750, §2; Acts 2014, No. 317, §6.
La. Code Evid. art. 518 — LA Code / Code code-of-evidence / Article 518
Trained peer support member privilege
Status: in_force

A.(1) A trained peer support member shall not, without consent of the emergency responder making the communication, be compelled to testify about any communication made to the trained peer support member by the emergency responder while receiving peer support services. The trained peer support member shall be designated as such by the emergency service agency or entity, prior to the incident that results in receiving peer support services. The privilege only applies when the communication was made to the trained peer support member.

(2) The privilege does not apply to any of the following if:

(a) The trained peer support member was an initial responding emergency responder, a witness, or a party to the incident which prompted the delivery of peer support services to the emergency responder.

(b) A communication reveals the intended commission of a crime or harmful act and such disclosure is determined to be necessary by the trained peer support member to protect any person from a clear, imminent risk of serious mental or physical harm or injury, or to forestall a serious threat to the public safety.

B. For purposes of this Section, a "trained peer support member" is any of the following persons or entities that provide emotional and moral support or counseling to an emergency responder who needs those services as a result of an incident in which the emergency responder was involved while acting in his official capacity:

(1) An emergency responder or civilian volunteer of an emergency service agency or entity, who has received training in Critical Incident Stress Management.

(2) A volunteer counselor or other mental health services provider who has been designated by the emergency service agency or entity.

(3) A firefighter who has received peer support training from the International Association of Fire Fighters.

Acts 2003, No. 1137, §1; Acts 2023, No. 23, §1.
La. Civ. Code art. 3142 — LA Code / Code civil-code / Article 3142
Property susceptible of pledge
Status: in_force

The only things that may be pledged are the following:

(1) A movable that is not susceptible of encumbrance by security interest.

(2) The lessor's rights in the lease of an immovable and its rents.

(3) Things made susceptible of pledge by law.

Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
La. Civ. Code art. 549 — LA Code / Code civil-code / Article 549
Capacity to receive usufruct
Status: in_force

Usufruct may be established in favor of a natural person or a juridical person.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.
La. Code Civ. Proc. art. 2254 — LA Code / Code code-of-civil-procedure / Article 2254
Execution by sheriff; return; wrongful seizure
Status: in_force

A. The sheriff shall proceed promptly to execute the writ and make a return to the clerk who issued it, stating the manner in which it was executed.

B. The sheriff shall have no liability to the debtor or to any third party for wrongful or improper seizure of the debtor's or third party's property of the same general type as described in the debtor's security agreement. If necessary, the sheriff shall request the secured creditor to identify the property subject to the security agreement and shall act pursuant to the secured creditor's instructions. The debtor's and other owner's sole remedy for the wrongful or improper seizure of the property shall be for actual losses sustained under R.S. 10:9-625 against the secured creditor on whose behalf and pursuant to whose instructions the sheriff may act.

Acts 1989, No. 137, §18, eff. Sept. 1, 1989; Acts 2021, No. 259, §2.
La. Civ. Code art. 1511 — LA Code / Code civil-code / Article 1511
Onerous donation, extent of reduction
Status: in_force

The value of an onerous donation is not included in the calculation of the forced portion, and the donation may not be reduced, unless the value of the charges is less than two-thirds the value of the property donated at the time of the donation, in which event the gratuitous portion is included in the calculation and is subject to reduction.

Acts 1996, 1st Ex. Sess., No. 77, §1.
La. Code Civ. Proc. art. 3292 — LA Code / Code code-of-civil-procedure / Article 3292
Petition for authority to exchange
Status: in_force

The petition of the succession representative for authority to exchange succession property for other property, or for other property and cash, shall set forth a description of both properties, the petitioner's opinion of the values thereof, the conditions of the exchange, and the reasons why such an exchange would be advantageous to the heirs and legatees, and would not prejudice the rights of succession creditors.

Added by Acts 1962, No. 92, §3.
La. Code Crim. Proc. art. 708 — LA Code / Code code-of-criminal-procedure / Article 708
Continuance and recess; definitions
Status: in_force

A continuance is the postponement of a scheduled trial or hearing, and shall not be granted after the trial or hearing has commenced. A recess is a temporary adjournment of a trial or hearing that occurs after a trial or hearing has commenced.
La. Civ. Code art. 1760 — LA Code / Code civil-code / Article 1760
Moral duties that may give rise to a natural obligation
Status: in_force

A natural obligation arises from circumstances in which the law implies a particular moral duty to render a performance.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Civ. Proc. art. 5001 — LA Code / Code code-of-civil-procedure / Article 5001
Appeals from city and parish courts
Status: in_force

A. An appeal from a judgment rendered by a parish court or by a city court shall be taken to the court of appeal.

B. Appeal shall be on the record and shall be taken in the same manner as an appeal from the district court.

Acts 1986, No. 156, §1; Acts 2001, No. 1134, §1; Acts 2021, No. 259, §2.