FrankGoortani/open-us-law huggingface dataset:
La. Code Crim. Proc. art. 272 — LA Code / Code code-of-criminal-procedure / Article 272
Persons under criminal prosecution or sentence in this state at time of requisition
Status: in_force

If a criminal prosecution against the demanded person is pending under the laws of this state, or if he has been convicted in a court of this state but has not completely satisfied his sentence, the governor may, in his discretion, surrender him on demand of the executive authority of the other state. The surrender must be pursuant to a re-extradition agreement, and:

(1) If a prosecution is pending the district attorney must agree to the surrender; or

(2) If the person demanded has been convicted but has not been sentenced, the court of the conviction must agree to the surrender.

Acts 2003, No. 1118, §1.
La. Code Crim. Proc. art. 736 — LA Code / Code code-of-criminal-procedure / Article 736
Return of subpoena by sheriff
Status: in_force

A. The sheriff shall endorse on a copy of the subpoena the date, place, type of service, and sufficient other data to show service in compliance with law. When the witness cannot be found, the sheriff must set out in his return every fact that in his opinion justifies the return. He shall sign and return the copy promptly after the service to the court that issued the subpoena. The return, when received by the clerk, shall form part of the record and shall be considered prima facie correct.

B. The criminal sheriff for the Parish of Orleans when serving subpoenas under the provisions of Paragraph A of Article 735 of the Louisiana Code of Criminal Procedure shall endorse on a copy of the subpoena the date and time of mailing, and shall attach the return receipt of delivery from the United States Post Office showing the disposition of the envelope bearing the subpoena. He shall return the copy and the attached receipt to the court that issued the subpoena. The return, when received by the clerk, shall form part of the record and shall be considered prima facie correct and shall constitute sufficient basis for an action to cite persons for contempt for failure to appear in response thereto.

Amended by Acts 1968, No. 511, §1.
La. Civ. Code art. 812 — LA Code / Code civil-code / Article 812
Effect of partition on real rights
Status: in_force

When a thing held in indivision is partitioned in kind or by licitation, a real right burdening the thing is not affected.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.
La. Civ. Code art. 38 — LA Code / Code civil-code / Article 38
Domicile
Status: in_force

The domicile of a natural person is the place of his habitual residence. The domicile of a juridical person may be either the state of its formation or the state of its principal place of business, whichever is most pertinent to the particular issue, unless otherwise specifically provided by law.

Acts 2008, No. 801, §1, eff. Jan. 1, 2009; Acts 2012, No. 713, §2.
La. Code Crim. Proc. art. 480 — LA Code / Code code-of-criminal-procedure / Article 480
Conjunctive charging
Status: in_force

If an offense may be committed by doing one or more of several acts, or by one or more of several means, or with one or more of several intents, or with one or more of several results, two or more of such acts, means, intents, or results may be charged conjunctively in a single count of an indictment, or set forth conjunctively in a bill of particulars, and proof of any one of the acts, means, intents, or results so charged or set forth will support a conviction.
La. Civ. Code art. 25 — LA Code / Code civil-code / Article 25
Commencement and end of natural personality
Status: in_force

Natural personality commences from the moment of live birth and terminates at death.

Acts 1987, No. 125, §1, eff. Jan. 1, 1988.
La. Code Civ. Proc. art. 2902 — LA Code / Code code-of-civil-procedure / Article 2902
Opposition to petition for probate
Status: in_force

The opposition to the petition for the probate of a testament shall comply with Article 2972, shall allege the grounds of invalidity of the testament relied on by the opponent, and shall be served upon the petitioner for the probate of the testament.
La. Code Civ. Proc. art. 2380 — LA Code / Code code-of-civil-procedure / Article 2380
Loss of recourse when purchaser fails to give judgment debtor timely notice
Status: in_force

The purchaser shall lose the right granted him by Article 2379 if a suit is filed to evict him and he neglects to notify the judgment debtor in time for him to defend the suit, and if the debtor could have successfully defended the suit.
La. Code Civ. Proc. art. 224 — LA Code / Code code-of-civil-procedure / Article 224
Constructive contempt
Status: in_force

A constructive contempt of court is any contempt other than a direct one.

Any of the following acts constitutes a constructive contempt of court:

(1) Wilful neglect or violation of duty by a clerk, sheriff, or other person elected, appointed, or employed to assist the court in the administration of justice;

(2) Wilful disobedience of any lawful judgment, order, mandate, writ, or process of the court;

(3) Removal or attempted removal of any person or property in the custody of an officer acting under authority of a judgment, order, mandate, writ, or process of the court;

(4) Deceit or abuse of the process or procedure of the court by a party to an action or proceeding, or by his attorney;

(5) Unlawful detention of a witness, party, or his attorney, while going to, remaining at, or returning from the court where the action or proceeding is to be tried;

(6) Improper conversation by a juror or venireman with a party to an action which is being, or may be, tried by a jury of which the juror is a member, or of which the venireman may be a member, or with any person relative to the merits of such an action; or receipt by a juror or venireman of a communication from any person with reference to such an action, without making an immediate disclosure to the court of the substance thereof;

(7) Assuming to act as a juror, or as an attorney or other officer of the court, without lawful authority;

(8) Comment by a newspaper or other medium for the dissemination of news upon a case or proceeding, then pending and undecided, which constitutes a clear, present, and imminent danger of obstructing or interfering with the orderly administration of justice, by either influencing the court to reach a particular decision, or embarrassing it in the discharge of its judicial duties;

(9) Wilful disobedience by an inferior court, judge, or other officer thereof, of the lawful judgment, order, mandate, writ, or process of an appellate court, rendered in connection with an appeal from a judgment or order of the inferior court, or in connection with a review of such judgment or order under a supervisory writ issued by the appellate court; and

(10) Any other act or omission punishable by law as a contempt of court, or intended to obstruct or interfere with the orderly administration of justice, or to impair the dignity of the court or respect for its authority, and which is not a direct contempt.

(11) Knowingly making a false statement or representation of a material fact or knowingly failing to disclose a material fact in order to apply for or receive support enforcement services for the purpose of securing an order of paternity, child support, medical support, an income assignment order, or a notice of income assignment against another person.

Acts 2004, No. 159, §1, eff. June 10, 2004.
La. Civ. Code art. 1321 — LA Code / Code civil-code / Article 1321
Separate possession of one co-owner, partition before prescription.
Status: in_force

It follows from the provisions of the preceding article that the partition can be demanded, even though one of the heirs should have enjoyed some part of the estate * separately, if there has been no act of partition, nor possession sufficient to acquire prescription.

* Note error in English translation of French text; "estate" should be "effects of the succession."
La. Civ. Code art. 3144 — LA Code / Code civil-code / Article 3144
Accessory nature of pledge
Status: in_force

Pledge is accessory to the obligation that it secures and may be enforced by the pledgee only to the extent that he may enforce the secured obligation.

Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
La. Code Crim. Proc. art. 267 — LA Code / Code code-of-criminal-procedure / Article 267
Rights of accused; extradition hearing
Status: in_force

A person arrested upon the governor's warrant shall not be delivered over to the agent appointed by the executive authority to receive him unless he shall first be taken before a judge, or in Orleans Parish, before a judge, a magistrate judge, or a commissioner of the magistrate section of the criminal district court, who shall inform him of the demand made for his surrender, of the crime with which he is charged, of his right to procure legal counsel, and of his right to an extradition hearing. If the prisoner or his counsel states that he desires an extradition hearing, the court shall assign as early a day as practicable for the hearing, to be held in open court. At least one full day shall intervene between the assignment and the day fixed for the hearing. Notice of the time and place of the hearing shall be given to the district attorney of the parish in which the hearing is to be held. If an extradition hearing is not requested, the prisoner shall be delivered promptly to the agent of the demanding state.

Acts 1986, No. 935, §1.
La. Civ. Code art. 3248 — LA Code / Code civil-code / Article 3248
Rights of consignor on insolvency of consignee or agent.
Status: in_force

In the event of the failure of the consignee or commission agent, the consignor has not only a right to reclaim the goods sent by him, and which remain unsold in the hands of the consignee or agent, if he can prove their identity, but he has also a privilege on the price of such as have been sold, if the price has not been paid by the purchaser, or passed into account current between him and the bankrupt.
La. Code Civ. Proc. art. 2006 — LA Code / Code code-of-civil-procedure / Article 2006
Court where action brought
Status: in_force

An action to annul a judgment must be brought in the trial court, even though the judgment sought to be annulled may have been affirmed on appeal, or even rendered by the appellate court.
La. Code Civ. Proc. art. 2131 — LA Code / Code code-of-civil-procedure / Article 2131
Same; narrative of facts
Status: in_force

If the testimony of the witnesses has not been taken down in writing the appellant must request the other parties to join with him in a written and signed narrative of the facts, and in cases of disagreement as to this narrative or of refusal to join in it, at any time prior to the lodging of the record in the appellate court, the judge shall make a written narrative of the facts, which shall be conclusive.
La. Code Civ. Proc. art. 2334 — LA Code / Code code-of-civil-procedure / Article 2334
Reading of advertisement and certificates
Status: in_force

A. At the time and place designated for the sale, the sheriff shall read aloud all or part of the advertisement describing the property in such sufficiency as to reasonably provide notice to the public of the property being offered for sale, which, at a minimum, shall include the lot and subdivision or municipal number or the section, township, and range, including some identifying mark, if appropriate, and a reference to the conveyance or mortgage recordation. The sheriff shall also read aloud a mortgage certificate and any other certificate required by law or otherwise provide, at least twenty-four hours prior to the sale, a copy of these certificates to the public by means of public posting, written copies, electronic means, or by any other method.

B. In the case of sale through an online auction in accordance with Article 2344, the requirements of Article 2344(D) apply.

C. The failure of the sheriff to procure, read aloud, or provide a copy of any certificate as required by this Article, or to comply with the requirements of Article 2344(D) in the case of an online auction, shall not impact the validity of the sale and shall not give rise to any cause of action against the sheriff, the seizing creditor, or the purchaser arising out of the failure.

Amended by Acts 2019, No. 415, §1; Acts 2021, No. 309, §1; Acts 2023, No. 390, §1.
La. Ch. Code art. 1506 — LA Code / Code childrens-code / Article 1506
Procedure for punishing direct contempt
Status: in_force

A person who has committed a direct contempt of court may be found guilty and punished therefor by the court without any trial, after affording him an opportunity to be heard orally by way of defense or mitigation. The court shall render an order reciting the facts constituting the contempt, adjudging the person guilty thereof, and specifying the punishment imposed.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
La. Civ. Code art. 3415 — LA Code / Code civil-code / Article 3415
Wildlife in enclosures
Status: in_force

Wild animals or birds within enclosures, and fish or shellfish in an aquarium or other private waters, are privately owned.

Pigeons, bees, fish, and shellfish that migrate into the pigeon house, hive, or pond of another belong to him unless the migration has been caused by inducement or artifice.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Code Civ. Proc. art. 82 — LA Code / Code code-of-civil-procedure / Article 82
Action to partition community property
Status: in_force

A. Except as otherwise provided in this Article, an action to partition community property and to settle the claims between the parties arising from either a matrimonial regime or from co-ownership of former community property shall be brought either as an incident of the action which would result in the termination of the community property regime or as a separate action in the parish where the judgment terminating the community property regime was rendered.

B. If the spouses own community immovable property, the action to partition the community property, movable and immovable, and to settle the claims between the parties arising either from a matrimonial regime or from co-ownership of former community property may be brought in the parish in which any of the community immovable property is situated.

C. If the spouses do not own community immovable property, the action to partition the community property and to settle the claims between the parties arising either from a matrimonial regime or from co-ownership of former community property may be brought in the parish where either party is domiciled.

Acts 1997, No. 1055, §1.
La. Ch. Code art. 1526 — LA Code / Code childrens-code / Article 1526
Definitions
Status: in_force

Except when the context clearly indicates otherwise, as used in this Chapter:

(1) "Affidavit" means a written accusation of crime made under oath and signed by the affiant. It must be filed in open court in a court having jurisdiction to try the offense or in the office of the clerk thereof.

(2) "Institution of prosecution" means the filing of an information or affidavit, which is designed to serve as the basis of a trial.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 964 — LA Code / Code code-of-civil-procedure / Article 964
Motion to strike
Status: in_force

The court on motion of a party or on its own motion may at any time and after a hearing order stricken from any pleading any insufficient demand or defense or any redundant, immaterial, impertinent, or scandalous matter.

Acts 1997, No. 1055, §1.
La. Ch. Code art. 1180 — LA Code / Code childrens-code / Article 1180
Venue and jurisdiction in adoption
Status: in_force

A. A proceeding for the adoption of a child may be commenced in either:

(1) The juvenile court in the parish of the domicile of the petitioner.

(2) The juvenile court in the parish of the domicile of the custodian of the child.

(3) The juvenile court in the parish in which a voluntary act of surrender has been executed with respect to the child to be adopted.

(4) The juvenile court in which the child has been adjudicated a child in need of care or in which the child in need of care proceeding is pending.

(5) The juvenile court which previously terminated parental rights of a parent with respect to the child to be adopted.

B. An attorney at law named as representative of the prospective adoptive parent shall not be deemed the legal custodian of the child for purposes of proper jurisdiction or venue.

C. Upon filing of the act of voluntary surrender approved by the court according to Article 1131(C), the court of competent venue and jurisdiction wherein the surrender is filed shall have exclusive, original jurisdiction over all issues of custody and adoption of the child during the pendency of the proceedings, unless the child is in the custody of the Department of Children and Family Services.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2001, No. 910, §1.
La. Civ. Code art. 3056 — LA Code / Code civil-code / Article 3056
Right of contribution among co-sureties
Status: in_force

A surety who pays the creditor may proceed directly or by way of subrogation to recover from his co-sureties the share of the principal obligation each is to bear. If a co-surety becomes insolvent, his share is to be borne by those who would have borne it in his absence.

Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
La. Ch. Code art. 1572 — LA Code / Code childrens-code / Article 1572
Other relief not affected
Status: in_force

The granting of any relief authorized under this Chapter shall not preclude any other relief authorized by law.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 1232 — LA Code / Code code-of-civil-procedure / Article 1232
Personal service
Status: in_force

Personal service is made when a proper officer tenders the citation or other process to the person to be served.
La. Code Civ. Proc. art. 2375 — LA Code / Code code-of-civil-procedure / Article 2375
Purchaser's liability; property subject to inferior mortgages
Status: in_force

The purchaser is liable for nothing beyond the purchase price. He shall pay the full purchase price to the sheriff, despite the existence of a mortgage, lien, or privilege on the property inferior to that of the seizing creditor.
La. Ch. Code art. 1019.1 — LA Code / Code childrens-code / Article 1019.1
Notice to counsel
Status: in_force

Upon the filing of the petition, the court shall provide notice and a copy of the petition to the entity designated for the jurisdiction to provide counsel for the child in accordance with Article 607 and to the entity representing indigent parents in accordance with Article 608.

Acts 2022, No. 272, §1.
La. Ch. Code art. 109 — LA Code / Code childrens-code / Article 109
Assistants and deputies included
Status: in_force

Unless the context clearly indicates the contrary, official titles, such as clerk of court, district attorney, and sheriff, include assistants and deputies.

Acts 1991, No. 235, §1, eff. Jan. 1, 1992.
La. Ch. Code art. 1440 — LA Code / Code childrens-code / Article 1440
Order for custody and detention
Status: in_force

A. If the minor respondent refuses to be examined by the court appointed physician as herein provided or if the judge, after reviewing the petition and an affidavit filed pursuant to Article 1432, the report of the treating physician, or the court-appointed physician, finds that the minor is mentally ill or suffering from substance abuse and is in need of immediate hospitalization to protect himself or others from physical harm, or that the minor respondent's condition may be markedly worsened by delay, then the court may issue a court order for custody of the minor and a peace officer shall deliver him to a treatment facility designated by the court.

B. The court shall also issue an order to the treatment facility authorizing detention of the minor until the commitment hearing is completed, unless he is discharged by the director.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
La. Civ. Code art. 496 — LA Code / Code civil-code / Article 496
Constructions by possessor in good faith.
Status: in_force

When constructions, plantings, or works are made by a possessor in good faith, the owner of the immovable may not demand their demolition and removal. He is bound to keep them and at his option to pay to the possessor either the cost of the materials and of the workmanship, or their current value, or the enhanced value of the immovable.

Acts 1979, No. 180, §1.
La. Ch. Code art. 407 — LA Code / Code childrens-code / Article 407
Confidentiality of hearings
Status: in_force

A. With the exceptions of delinquency proceedings pursuant to Article 879, child support proceedings, traffic violations pursuant to Chapter 2 of Title IX in East Baton Rouge Parish, and misdemeanor trials of adults pursuant to Chapter 4 of Title XV, proceedings before the juvenile court shall not be public.

B. The child, his parents, counsel, the district attorney, authorized officers of the court, and witnesses called by the parties may be present at an adjudication hearing. The court may admit any other person who has a proper interest in the proceedings or the work of the court.

Acts 1991, No. 235, §4, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 769, §1; Acts 1994, 3rd Ex. Sess., No. 120, §1, eff. July 7, 1994; Acts 1995, No. 1261, §1; Acts 2011, 1 st Ex. Sess., No. 28, §1; Acts 2011, No. 251, §2.
La. Civ. Code art. 475 — LA Code / Code civil-code / Article 475
Things not immovable.
Status: in_force

All things, corporeal or incorporeal, that the law does not consider as immovables, are movables.

Acts 1978, No. 728, §1.
La. Civ. Code art. 3060 — LA Code / Code civil-code / Article 3060
Prescription of the surety's obligation, right of reimbursement, and contribution
Status: in_force

Prescription of the principal obligation extinguishes the obligation of the surety. A surety's action for contribution from his co-sureties and his action for reimbursement from the principal obligor prescribe in ten years.

The interruption of prescription against a surety is effective against the principal obligor and other sureties only when such parties have mutually agreed to be bound together with the surety against whom prescription was interrupted.

Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
La. Civ. Code art. 741 — LA Code / Code civil-code / Article 741
Destination of the owner.
Status: in_force

Destination of the owner is a relationship established between two estates owned by the same owner that would be a predial servitude if the estates belonged to different owners.

When the two estates cease to belong to the same owner, unless there is express provision to the contrary, an apparent servitude comes into existence of right and a nonapparent servitude comes into existence if the owner has previously filed for registry in the conveyance records of the parish in which the immovable is located a formal declaration establishing the destination.

Acts 1977, No. 514, §1. Amended by Acts 1978, No. 479, §1.