FrankGoortani/open-us-law huggingface dataset:
La. Code Crim. Proc. art. 162.3 — LA Code / Code code-of-criminal-procedure / Article 162.3
No-knock warrant
Status: in_force

A. No law enforcement officer shall seek, execute, or participate in the execution of a no-knock warrant, except in cases where both of the following apply:

(1) The affidavit supporting the request for the warrant establishes probable cause that exigent circumstances exist requiring the warrant to be executed in a no-knock manner. For purposes of this Subparagraph, exigent circumstances shall include circumstances where the surprise of a no-knock entry is necessary to protect life and limb of the law enforcement officers and the occupants.

(2) The copy of the warrant being executed that is in the possession of law enforcement officers to be delivered as provided in Paragraph C of this Article includes the judge's signature.

B. A search warrant authorized under this Article shall require that a law enforcement officer be recognizable and identifiable as a uniformed law enforcement officer and provide audible notice of his authority and purpose reasonably expected to be heard by occupants of such place to be searched prior to the execution of such search warrant.

C. After entering and securing the place to be searched and prior to undertaking any search or seizure pursuant to the search warrant, the executing law enforcement officer shall read and give a copy of the search warrant to the person to be searched or the owner of the place to be searched or, if the owner is not present, to any occupant of the place to be searched. If the place to be searched is unoccupied, the executing law enforcement officer shall leave a copy of the search warrant suitably affixed to the place to be searched.

D. Search warrants authorized under this Article shall be executed only from sunrise to sunset except in either of the following instances:

(1) A judge authorizes the execution of such search warrant at another time for good cause shown.

(2) The search warrant is for the withdrawal of blood. A search warrant for the withdrawal of blood may be executed at any time of day.

E. Any evidence obtained from a search warrant in violation of this Article shall not be admitted into evidence for prosecution.

F. For purposes of this Article, "no-knock warrant" means a warrant issued by a judge that allows law enforcement to enter a property without immediate prior notification of the residents, such as by knocking or ringing a doorbell.

G. For the purposes of this Article, only a district court judge may issue a no-knock warrant.

Acts 2021, No. 430, §2.
La. Civ. Code art. 635 — LA Code / Code civil-code / Article 635
Degree of care; duty to restore the property.
Status: in_force

A person having the right of habitation is bound to use the property as a prudent administrator and at the expiration of his right to deliver it to the owner in the condition in which he received it, ordinary wear and tear excepted.

Acts 1976, No. 103, §1.
La. Code Crim. Proc. art. 483 — LA Code / Code code-of-criminal-procedure / Article 483
Allegations of prior convictions
Status: in_force

If it is necessary to allege a prior conviction in an indictment, it is sufficient to allege the name or nature of the offense and the fact, date, and court of the conviction.

An indictment shall not contain an allegation of a prior conviction of the defendant unless such allegation is necessary to fully charge the offense.
La. Code Crim. Proc. art. 905.7 — LA Code / Code code-of-criminal-procedure / Article 905.7
Form of determination
Status: in_force

The form of jury determination shall be as follows:

"Having found the below listed statutory aggravating circumstance or circumstances and, after consideration of the mitigating circumstances offered, the jury unanimously determines that the defendant should be sentenced to death.

Aggravating circumstance or circumstances found:

s/_____________________________________________

Foreman"

or

"The jury unanimously determines that the defendant should be sentenced to life imprisonment without benefit of probation, parole or suspension of sentence.

s/_____________________________________________

Foreman"

Added by Acts 1976, No. 694, §1; Acts 1988, No. 779, §1, eff. July 18, 1988.
La. Code Crim. Proc. art. 946 — LA Code / Code code-of-criminal-procedure / Article 946
Jurisdiction of affected court conducting emergency sessions
Status: in_force

A. The affected court conducting emergency sessions outside of its parish or territorial jurisdiction pursuant to Article 944 shall retain jurisdiction over all criminal proceedings and prosecutions that would otherwise be conducted by the affected court.

B. All court proceedings, grand jury proceedings, hearings, preliminary matters, pretrial hearings, and trials may be conducted in the emergency sessions of the affected court.

C. The affected court conducting emergency sessions may retain jurisdiction to complete all matters in progress in the host jurisdiction even though the order rendered pursuant to Article 944 has been withdrawn, canceled, or rescinded.

Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.
La. Code Crim. Proc. art. 739 — LA Code / Code code-of-criminal-procedure / Article 739
Indigent defendant
Status: in_force

If a defendant is indigent and unable to pay for witnesses desired by him in addition to those summoned at the expense of the parish, he shall make a sworn application to the court for the additional witnesses. The application must allege that the testimony is relevant and material and not cumulative and that the defendant cannot safely go to trial without it.

The court shall make a private inquiry into the facts, and if satisfied that the defendant is entitled to the privilege, it shall render an order permitting the defendant to subpoena additional witnesses at the expense of the parish. If the application is denied, the court shall state the reasons for the denial in writing, which shall become part of the record.
La. Code Civ. Proc. art. 5052 — LA Code / Code code-of-civil-procedure / Article 5052
Unambiguous language not to be disregarded
Status: in_force

When the language of an article is clear and free from ambiguity, its letter is not to be disregarded under the pretext of pursuing its spirit.
La. Civ. Code art. 489 — LA Code / Code civil-code / Article 489
Apportionment of fruits.
Status: in_force

In the absence of other provisions, one who is entitled to the fruits of a thing from a certain time or up to a certain time acquires the ownership of natural fruits gathered during the existence of his right, and a part of the civil fruits proportionate to the duration of his right.

Acts 1979, No. 180, §1.
La. Civ. Code art. 2650 — LA Code / Code civil-code / Article 2650
Warranty in assignment of succession rights
Status: in_force

A person who assigns his right in the estate of a deceased person, without specifying any assets, warrants only his right of succession as heir or legatee.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Civ. Proc. art. 4072 — LA Code / Code code-of-civil-procedure / Article 4072
Inventory or detailed descriptive list on appointment of provisional tutor
Status: in_force

When the court appoints a provisional tutor, it shall order the taking of an inventory or the preparation of a detailed descriptive list of the minor's property as provided in Articles 4101 and 4102.

Acts 1983, No. 344, §1.
La. Civ. Code art. 530 — LA Code / Code civil-code / Article 530
Presumption of ownership of movable.
Status: in_force

The possessor of a corporeal movable is presumed to be its owner. The previous possessor of a corporeal movable is presumed to have been its owner during the period of his possession.

These presumptions do not avail against a previous possessor who was dispossessed as a result of loss or theft.

Acts 1979, No. 180, §1.
La. Code Civ. Proc. art. 1731 — LA Code / Code code-of-civil-procedure / Article 1731
Issues triable by jury
Status: in_force

A. Except as limited by Article 1732, the right of trial by jury is recognized.

B. Except as otherwise provided, the nature and amount of the principal demand shall determine whether any issue in the principal or incidental demand is triable by jury.

C. If the compulsory reconventional demand is triable by a jury, but the principal demand is not, the compulsory reconventional demand may be tried by a jury.

Acts 1983, No. 534, §1; Acts 1995, No. 661, §1.
La. Civ. Code art. 3493.1 — LA Code / Code civil-code / Article 3493.1
Delictual actions
Status: in_force

Delictual actions are subject to a liberative prescription of two years. This prescription commences to run from the day that injury or damage is sustained. It does not run against minors or interdicts in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions in effect at the time of the injury or damage.

Acts 2024, No. 423, §1, eff. July 1, 2024.
La. Civ. Code art. 783 — LA Code / Code civil-code / Article 783
Matters of interpretation and application
Status: in_force

Doubt as to the existence, validity, or extent of building restrictions is resolved in favor of the unrestricted use of the immovable. The provisions of the Louisiana Condominium Act, the Louisiana Timesharing Act, and the Louisiana Homeowners Association Act shall supersede any and all provisions of this Title in the event of a conflict.

NOTE: Art. 783 eff. Jan. 1, 2025. See Acts 2024, No. 158.

Art. 783. Matters of interpretation and application

Doubt as to the existence, validity, or extent of building restrictions is resolved in favor of the unrestricted use of the immovable. The provisions of the Louisiana Condominium Act, the Louisiana Timesharing Act, and the Louisiana Planned Community Act shall supersede any and all provisions of this Title in the event of a conflict.

Acts 1977, No. 170, §1; Acts 1999, No. 309, §1, eff. June 16, 1999; Acts 2024, No. 158, §1, eff. Jan. 1, 2025.

NOTE: Acts 2024, No. 158 effective in part Jan. 1, 2025, effective in part Jan. 1, 2026.
La. Code Crim. Proc. art. 894.5 — LA Code / Code code-of-criminal-procedure / Article 894.5
Submission of DWI - Code of Criminal Procedure Article 894 Plea Records to office of motor vehicles; forms to be used and completed by the clerk of court
Status: in_force

TRANSMITTAL OF RECORDS OF DWI PLEA PURSUANT TO ARTICLE 894

_____________________________

_____________________________

_____________________________

________________

DATE

OFFICE OF MOTOR VEHICLES

P.O. BOX 64886

BATON ROUGE, LA 70896

NAME_____________________DRIVERS LICENSE#____________________

DATE OF BIRTH:____________OFFENSE DATE:_______________________

SS#________________________DOCKET NO:__________________________

TICKET NO:______________________

☐ Attached is a certified copy of the court minutes, original/certified copy of fingerprints, and proof of the requirements as set forth in the Code of Criminal Procedure Article 556.1, as well as a $50.00 money order or certified funds made payable to the office of motor vehicles, in reference to the above named defendant.

NOTE: Do not use this form to submit records of a DWI expungement pursuant to Code of Criminal Procedure Article 984.

Acts 2015, No. 200, §2.
La. Civ. Code art. 1476 — LA Code / Code civil-code / Article 1476
Minors; incapacity to make donations, exceptions
Status: in_force

A minor under the age of sixteen years does not have capacity to make a donation either inter vivos or mortis causa, except in favor of his spouse or children.

A minor who has attained the age of sixteen years has capacity to make a donation, but only mortis causa. He may make a donation inter vivos in favor of his spouse or children.

Acts 1991, No. 363, §1.
La. Code Civ. Proc. art. 2787 — LA Code / Code code-of-civil-procedure / Article 2787
Objections to registration of support order for modification
Status: in_force

An objection for any purpose to the registration of the support order must be filed by the obligor with the registering court within twenty days from the date of mailing of the notice required in Article 2786(C)(3) (a), or within twenty days from the date of service required in Article 2786(C)(3)(b).

Added by Acts 1997, No. 603, §2; Acts 1999, No. 210, §1.
La. Civ. Code art. 2679 — LA Code / Code civil-code / Article 2679
Limits of contractual freedom in fixing the term
Status: in_force

The duration of a term may not exceed ninety-nine years. If the lease provides for a longer term or contains an option to extend the term to more than ninety-nine years, the term shall be reduced to ninety-nine years.

If the term's duration depends solely on the will of the lessor or the lessee and the parties have not agreed on a maximum duration, the duration is determined in accordance with the following Article.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Code Civ. Proc. art. 3195 — LA Code / Code code-of-civil-procedure / Article 3195
Contracts between succession representative and succession; exceptions
Status: in_force

The provisions of Article 3194 shall not apply when a testament provides otherwise or to a succession representative who is:

(1) The surviving spouse of the deceased;

(2) A partner of the deceased, with respect to the assets and business of the partnership;

(3) A co-owner with the deceased, with respect to the property owned in common;

(4) An heir or legatee of the deceased; or

(5) A mortgage creditor or holder of a vendor's privilege, with respect to property subject to the mortgage or privilege.

Amended by Acts 1961, No. 23, §1.
La. Civ. Code art. 2315.11 — LA Code / Code civil-code / Article 2315.11
Liability for damages caused by sexual assault
Status: in_force

A. In addition to general and special damages, exemplary damages may be awarded upon proof that the injuries on which the action is based were caused by an act or acts of sexual assault in the workplace.

B. The provisions of this Article shall be applicable only to the perpetrator of the sexual assault.

C. Upon motion of the defendant or upon its own motion, if the court determines that an action seeking damages under this Article is frivolous or fraudulent, the court shall award costs of court, reasonable attorney fees, and any other related costs to the defendant and any other sanctions and relief requested pursuant to Code of Civil Procedure Article 863.

D. An action under the provisions of this Article shall be subject to a liberative prescriptive period provided for in Article 3496.2.

E. As used in this Article, sexual assault is as defined in R.S. 46:2184.

Acts 2021, No. 411, §1.
La. Code Crim. Proc. art. 996 — LA Code / Code code-of-criminal-procedure / Article 996
Submission of expungement records to office of motor vehicles; forms to be used and completed by the clerk of court
Status: in_force

TRANSMITTAL OF RECORDS FOR EXPUNGEMENT OF DWI

PURSUANT TO C.Cr.P. Art. 984

____________________________

____________________________

____________________________

________________

DATE

OFFICE OF MOTOR VEHICLES

P.O. BOX 64886

BATON ROUGE, LA 70896

NAME_______________________DRIVERS LICENSE#___________________

DATE OF BIRTH:______________OFFENSE DATE:_____________________

SS#___________________________DOCKET NO:________________________

TICKET NO: ________________________

☐ Attached is a certified copy of the court minutes, original/certified copy of fingerprints and proof of the requirements as set forth in the Code of Criminal Procedure Article 556.1. Additionally, a $50.00 money order or certified funds made payable to the office of motor vehicles, in reference to the above named defendant is attached; or

☐ Attached is a copy of the certified letter received from office of motor vehicles indicating that all of the required documents were previously filed in conjunction with the requirements of Code of Criminal Procedure Article 894 and are on file. Additionally, a $50.00 money order or certified funds made payable to the office of motor vehicles is attached.

NOTE: Do not use this form to submit records of a DWI plea pursuant to Code of Criminal Procedure Article 894(A)(5).

Acts 2015, No. 200, §1.
La. Civ. Code art. 2617 — LA Code / Code civil-code / Article 2617
Payment against documents
Status: in_force

In all cases where the parties have agreed that the seller will obtain a document showing that the things have been delivered to a carrier or a depositary the buyer must make payment against tender of that document and others as required. The seller may not tender, nor may the buyer demand, delivery of the things in lieu of the documents.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Civ. Proc. art. 3172 — LA Code / Code code-of-civil-procedure / Article 3172
Duties
Status: in_force

The attorney at law appointed to represent an absent heir or legatee shall:

(1) Make all necessary efforts to determine the identity and address of the absent heir or legatee, and to inform him of the death of the deceased and of his interest in the succession;

(2) Represent the absent heir or legatee in the succession, and defend his interests in all contradictory proceedings brought against him therein; and

(3) Take any conservatory action necessary to protect the interests of the absent heir or legatee, including the filing of all necessary suits.
La. Civ. Code art. 3292 — LA Code / Code civil-code / Article 3292
Mortgage of future property permitted in certain cases
Status: in_force

A special mortgage given over property the mortgagor does not own is established when the property is acquired by the mortgagor. A general conventional mortgage is permitted only when expressly provided by law.

Acts 1991, No. 652, §1, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 329 — LA Code / Code code-of-civil-procedure / Article 329
Disbursements for protection, preservation, and administration of seized property
Status: in_force

The sheriff may make all necessary disbursements for the protection, preservation, and administration of property under seizure, which shall be taxed as costs of the seizure.
La. Civ. Code art. 3242 — LA Code / Code civil-code / Article 3242
Voluntary sale of ship in port, rights of privileged creditors.
Status: in_force

When a sale has been made, the vessel being in port, the creditors of the vendor, who enjoy the privilege for some cause anterior to the act of sale, may demand payment and enforce their rights over the ship, until a voyage has been made in the name and at the risk of the purchaser, without any claim interposed by them.
La. Civ. Code art. 1274 — LA Code / Code civil-code / Article 1274
Failure of coheirs to make timely election.
Status: in_force

If the coheirs to whom the collation is made by taking less, wish that the effects of the succession be sold, in order that they may be paid what is due them, they are bound to decide thereon in three days from their being notified of the motion of the donee to that effect, before the judge of the partition, otherwise they shall be deprived of this right, and shall be considered as having consented to receive payment of the collation due them in effects and property of the succession, or otherwise from the hands of the donee.
La. Ch. Code art. 751 — LA Code / Code childrens-code / Article 751
Service of petition
Status: in_force

A copy of the petition shall be served upon any member of the family who is alleged to be in need of services and upon any public institutions or agencies identified in the petition as providing these services.

Acts 1991, No. 235, §7.
La. Code Civ. Proc. art. 2336 — LA Code / Code code-of-civil-procedure / Article 2336
Minimum price; second offering
Status: in_force

Except as provided in Article 2332, the property shall not be sold if the price bid by the highest bidder is less than two-thirds of the appraised value. In that event, the sheriff shall re-advertise the sale of the property in the same manner as for an original sale, and the same delay must elapse. At the second offering, the property shall be sold for cash for whatever it will bring, except as provided in Article 2337. The debt owed to the seizing creditor shall not be reduced by the costs of the sale, but shall be reduced by the greater of either one-half of the appraised value, less superior security interests, mortgages, liens, and privileges, or the amount by which the price bid exceeds superior security interests, mortgages, liens, and privileges.

Acts 1995, No. 1023, §1; Acts 2001, No. 588, §1.
La. Code Civ. Proc. art. 1881 — LA Code / Code code-of-civil-procedure / Article 1881
Construction
Status: in_force

Articles 1871 through 1883 are declared to be remedial. Their purpose is to settle and afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations, and they are to be liberally construed and administered.
La. Code Civ. Proc. art. 4570 — LA Code / Code code-of-civil-procedure / Article 4570
Cause of action for visitation with the interdict
Status: in_force

A. Any relative of an interdict by blood, adoption, or affinity within the third degree, or an individual who has a relationship with the interdict based on or productive of strong affection may file a rule to show cause seeking visitation, communication, or interaction with an interdict who is over the age of eighteen years.

B. Any person filing a cause of action pursuant to Paragraph A of this Article may request an expedited hearing on the cause of action, and upon showing of good cause, shall be entitled to an expedited hearing.

C. Good cause shall include but is not limited to a showing that the interdict suffers from an illness or condition because of which he is not likely to survive beyond six months.

Acts 2016, No. 110, §2, eff. May 19, 2016.
La. Code Civ. Proc. art. 4031 — LA Code / Code code-of-civil-procedure / Article 4031
Minor domiciled in the state
Status: in_force

A. Except as provided in Paragraph B, a petition for the appointment of a tutor of a minor domiciled in the state shall be filed in the district court of the parish where:

(1) The surviving parent is domiciled, if one parent is dead; or

(2) The parent or other person awarded custody of the minor is domiciled, if the parents are divorced or judicially separated; or

(3) The minor resides.

B. If the parents who are divorced or judicially separated are awarded joint custody of a minor:

(1) They shall petition jointly for appointment as cotutors in the district court of the parish in which the proceedings for divorce or judicial separation were instituted, or if the award of joint custody has specified the legal domicile of the minor, in the district court of the parish of the legal domicile of the minor, or in the district court of the parish where the child resides.

(2) With the permission of the judge, either parent may file a petition in the same court as provided in Subparagraph (1) for appointment as tutor for the limited purpose of enforcing a particular right or compromising a particular claim of an unemancipated minor if the other parent fails or refuses to do so.

Amended by Acts 1981, No. 283, §2; Acts 1990, No. 764, §1; Acts 1995, No. 268, §1, eff. June 14, 1995.