FrankGoortani/open-us-law huggingface dataset:
La. Code Crim. Proc. art. 831 — LA Code / Code code-of-criminal-procedure / Article 831
Presence of defendant; felony prosecution
Status: in_force

A. Except as may be provided by local rules of court in accordance with Articles 522, 551, and 562, a defendant charged with a felony shall be present at all of the following:

(1) At arraignment.

(2) When a plea of guilty, not guilty, or not guilty and not guilty by reason of insanity is made.

(3) At the calling, examination, challenging, impaneling, and swearing of the jury, and at any subsequent proceedings for the discharge of the jury or of a juror.

(4) At all times during the trial when the court is determining and ruling on the admissibility of evidence.

(5) In trials by jury, at all proceedings when the jury is present, and in trials without a jury, at all times when evidence is being adduced.

(6) At the rendition of the verdict or judgment, unless he voluntarily absents himself.

B. Repealed by Acts 2020, No. 160, §2.

Acts 1990, No. 543, §1; Acts 1990, No. 593, §1; Acts 1997, No. 1015, §1; Acts 2017, No. 406, §1; Acts 2020, No. 160, §2.
La. Code Civ. Proc. art. 331 — LA Code / Code code-of-civil-procedure / Article 331
Deputy sheriffs and other employees
Status: in_force

Except as otherwise provided by law, a deputy sheriff possesses all of the powers and authority granted by law to the sheriff, and may perform any of the duties and exercise any of the functions of the sheriff.

Deputy sheriffs and other employees of the sheriff are subject to his direction and supervision, and shall perform the duties assigned to them by law, and by the sheriff.

The sheriff is responsible for the performance or nonperformance of their official duties by his deputies and other employees.
La. Civ. Code art. 1880 — LA Code / Code civil-code / Article 1880
Novation not presumed
Status: in_force

The intention to extinguish the original obligation must be clear and unequivocal. Novation may not be presumed.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Crim. Proc. art. 487 — LA Code / Code code-of-criminal-procedure / Article 487
Defective indictment; amendment
Status: in_force

A. An indictment that charges an offense in accordance with the provisions of this Title shall not be invalid or insufficient because of any defect or imperfection in, or omission of, any matter of form only, or because of any miswriting, misspelling, or improper English, or because of the use of any sign, symbol, figure, or abbreviation, or because any similar defect, imperfection, omission, or uncertainty exists therein. The court may at any time cause the indictment to be amended in respect to any such formal defect, imperfection, omission, or uncertainty.

Before the trial begins the court may order an indictment amended with respect to a defect of substance. After the trial begins a mistrial shall be ordered on the ground of a defect of substance.

B. Nothing contained herein shall be construed to prohibit the defendant from entering a plea of guilty to a crime nonresponsive to the original indictment when such a plea is acceptable to the district attorney, and in such case, the district attorney shall not be required to file a new indictment to charge the crime to which the plea is offered.

Amended by Acts 1970, No. 679, §1.
La. Civ. Code art. 595 — LA Code / Code civil-code / Article 595
Expenses of litigation; legal usufruct.
Status: in_force

Parents who have a legal usufruct of the property of their children are bound for expenses of litigation concerning that property, in the same manner as if they were owners of it; but reimbursement may be ordered by the court at the termination of the usufruct in cases in which inequity might otherwise result.

Acts 1976, No. 103, §1.
La. Ch. Code art. 828 — LA Code / Code childrens-code / Article 828
Violation of conditions of release
Status: in_force

A. Any failure to comply with the conditions of release, including failure to appear before the court as scheduled, may constitute a breach of the bail agreement. Any such breach of the agreement constitutes constructive contempt of court and failure to appear constitutes the offense of bail jumping.

B. Where there is a breach of the bail agreement or the court is satisfied with good cause that the bail agreement should be modified, the court may order the child and his parent, guardian, legal counsel, and the surety, if any, to appear before the court, or the court may issue an order directing that the child be taken into custody and brought before the court.

C. When the child's parents, guardian, legal custodian, or the child's counsel has good cause to believe that the child has violated or will violate the conditions of the bail agreement, which violation will result in the child's failure to appear before the court as directed, he may report the breach or impending violation to the court, surrender the child, and request revocation of the bail agreement.

D. If a surety obligated under a bail bond, executed pursuant to Article 825(1), has good cause to believe that the child has violated or will violate the conditions of the bail agreement, which will result in the child's failure to appear before the court as directed, he may report the breach and apply to the court for an instanter order for the child to be taken into custody. Unless authorized by the court, the surety shall not arrest or take the child into custody.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Civ. Code art. 1243 — LA Code / Code civil-code / Article 1243
Expenditures subject to collation
Status: in_force

Collation is due for what has been expended by the father and mother to procure an establishment of their descendant coming to their succession, or for the payment of his debts.

Amended by Acts 1979, No. 711, §1; Acts 2004, No. 26, §1.
La. Civ. Code art. 1305 — LA Code / Code civil-code / Article 1305
Prescription where possession is separate.
Status: in_force

When one of the heirs has enjoyed the whole or part of the succession separately, or all the coheirs have possessed separately each a portion of the hereditary effects, he or they who have thus separately possessed, can successfully oppose the suit for a partition of the effects of the succession, if their possession has continued thirty years without interruption.
La. Code Civ. Proc. art. 2856 — LA Code / Code code-of-civil-procedure / Article 2856
Probate hearing; probate forthwith if witness present
Status: in_force

When a testament that is required to be probated has been produced, the court shall order it presented for probate on a date and hour assigned. If all necessary witnesses are present in court at the time the testament is produced, the court may order it presented for probate forthwith.

Acts 1997, No. 1421, §3, eff. July 1, 1999.
La. Civ. Code art. 454 — LA Code / Code civil-code / Article 454
Freedom of disposition by private persons.
Status: in_force

Owners of private things may freely dispose of them under modifications established by law.

Acts 1978, No. 728, §1.
La. Code Civ. Proc. art. 2672 — LA Code / Code code-of-civil-procedure / Article 2672
Proceeding against heirs or legatees
Status: in_force

When the original debtor is dead, and his heirs or legatees have accepted his succession, the executory proceeding may be brought against his heirs or legatees.

If an heir or legatee is dead, incompetent, or absent, his heirs, legatees, succession, or legal representative may be made a party defendant to the executory proceeding as provided above and in Articles 2673 and 2674, as the case may be.
La. Civ. Code art. 815 — LA Code / Code civil-code / Article 815
Partition by licitation
Status: in_force

When a thing is partitioned by licitation, a mortgage, lien, or privilege that burdens the share of a co-owner attaches to his share of the proceeds of the sale.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.
La. Civ. Code art. 2829 — LA Code / Code civil-code / Article 2829
Change in number or identity of partners.
Status: in_force

A change in the number or identity of partners does not terminate a partnership unless the number is reduced to one.

Acts 1980, No. 150, §1.
La. Civ. Code art. 3526 — LA Code / Code civil-code / Article 3526
Termination of community; movables and Louisiana immovables acquired by a spouse while domiciled in another state
Status: in_force

Upon termination of the community, or dissolution by death or by divorce of the marriage of spouses either of whom is domiciled in this state, their respective rights and obligations with regard to immovables situated in this state and movables, wherever situated, that were acquired during the marriage by either spouse while domiciled in another state shall be determined as follows:

(1) Property that is classified as community property under the law of this state shall be treated as community property under that law; and

(2) Property that is not classified as community property under the law of this state shall be treated as the separate property of the acquiring spouse. However, the other spouse shall be entitled, in value only, to the same rights with regard to this property as would be granted by the law of the state in which the acquiring spouse was domiciled at the time of acquisition.

Acts 1991, No. 923, §1, eff. Jan. 1, 1992.
La. Civ. Code art. 2348 — LA Code / Code civil-code / Article 2348
Renunciation of right to concur.
Status: in_force

A spouse may expressly renounce the right to concur in the alienation, encumbrance, or lease of a community immovable or some or all of the community immovables, or community immovables which may be acquired in the future, or all or substantially all of a community enterprise. He also may renounce the right to participate in the management of a community enterprise. The renunciation may be irrevocable for a stated term not to exceed three years. Further, any renunciation of the right to concur in the alienation, encumbrance, or lease of a community immovable, or some or all of the community immovables or community immovables which may be acquired in the future, or all or substantially all of a community enterprise which was proper in form and effective under the law at the time it was made shall continue in effect for the stated term not to exceed three years or if there was no term stated, then until it is revoked.

A spouse may nonetheless reserve the right to concur in the alienation, encumbrance, or lease of specifically described community immovable property.

Acts 1979, No. 709, §1; Amended by Acts 1981, No. 132, §1; Acts 1984, No. 554, §1, eff. Jan. 1, 1985; Acts 1984, No. 622, §1, eff. Jan. 1, 1985.

{{NOTE: SEE SECTION 2 OF ACTS 1984, NOS. 554 AND 622.}}
La. Code Crim. Proc. art. 347 — LA Code / Code code-of-criminal-procedure / Article 347
Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Status: repealed

Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
La. Civ. Code art. 634 — LA Code / Code civil-code / Article 634
Extent of right of habitation.
Status: in_force

A person having the right of habitation is entitled to the exclusive use of the house or of the part assigned to him, and, provided that he resides therein, he may receive friends, guests, and boarders.

Acts 1976, No. 103, §1.
La. Civ. Code art. 3482 — LA Code / Code civil-code / Article 3482
Good faith at commencement of prescription
Status: in_force

It is sufficient that possession has commenced in good faith; subsequent bad faith does not prevent the accrual of prescription of ten years.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Ch. Code art. 896 — LA Code / Code childrens-code / Article 896
Deferred dispositional agreement
Status: in_force

A. At any time after the entry of an adjudication order, the court may, on motion of the district attorney or of counsel for the child, suspend further proceedings and place the child on supervised or unsupervised probation, with or without any of the conditions authorized by Article 897(B)(1) or Article 899(B)(1).

B. The child and his parent must consent to this special type of disposition. If the child has waived counsel, the court must advise the child and his parent concerning the consequences of a deferred dispositional agreement and of the child's right to have a disposition imposed by the court in accordance with Articles 897 through 900.

C. A deferred dispositional agreement order shall comply with all the requirements of Article 903.

D. A deferred dispositional agreement shall remain in force for six months unless the child is discharged sooner by the court. Upon application of the district attorney or by any agency supervising the child made before the expiration of the six-month period, a deferred dispositional agreement order may be extended by the court for an additional period not to exceed six months, or for such period in which the child is a full-time participant in a juvenile drug court program operated by a court of this state, whichever period is longer.

E. If prior to the expiration of the order a new petition alleging the commission of a delinquent act is filed against the child, or the child otherwise fails to fulfill the express terms and conditions of the order, the court may proceed to impose any disposition authorized by this Title and the child may be held accountable as if the deferred dispositional agreement order had never been entered.

F. If the child satisfactorily completes the court ordered period of supervision, the court shall discharge the child from any further supervision or conditions, set aside the adjudication, and dismiss the petition with prejudice.

G. Pursuant to the provisions of this Article, the court has the authority to utilize or initiate a teen or youth court program and may assess a fee to a participant in the program to offset costs.

H. Notwithstanding any provision of law to the contrary, a child shall not be eligible for a deferred dispositional agreement as provided in this Article if the child has been convicted of a crime of violence as defined in R.S. 14:2(B).

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2003, No. 334, §1; Acts 2003, No. 940, §1; Acts 2022, No. 565, §1.
La. Code Civ. Proc. art. 332 — LA Code / Code code-of-civil-procedure / Article 332
Service or execution by constable or marshal
Status: in_force

When authorized to do so by the sheriff, a constable of a justice of the peace court, or a constable or marshal of a city court, within the territorial jurisdiction of his court, may serve any process and execute any writ or mandate which the sheriff is authorized to serve or execute.

For such purpose, the constable or marshal possesses the powers and authority of the sheriff; a service or execution so made has the same effect as if made by the sheriff; and the latter is responsible for the performance or nonperformance of his duties by a constable or marshal in such cases.
La. Civ. Code art. 1759 — LA Code / Code civil-code / Article 1759
Good faith
Status: in_force

Good faith shall govern the conduct of the obligor and the obligee in whatever pertains to the obligation.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 2522 — LA Code / Code civil-code / Article 2522
Notice of existence of defect
Status: in_force

The buyer must give the seller notice of the existence of a redhibitory defect in the thing sold. That notice must be sufficiently timely as to allow the seller the opportunity to make the required repairs. A buyer who fails to give that notice suffers diminution of the warranty to the extent the seller can show that the defect could have been repaired or that the repairs would have been less burdensome, had he received timely notice.

Such notice is not required when the seller has actual knowledge of the existence of a redhibitory defect in the thing sold.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 790 — LA Code / Code civil-code / Article 790
Costs.
Status: in_force

When the boundary is fixed extrajudicially costs are divided equally between the adjoining owners in the absence of contrary agreement. When the boundary is fixed judicially court costs are taxed in accordance with the rules of the Code of Civil Procedure. Expenses of litigation not taxed as court costs are borne by the person who has incurred them.

Acts 1977, No. 169, §1.
La. Code Civ. Proc. art. 2292 — LA Code / Code code-of-civil-procedure / Article 2292
Privilege of creditor on seized property; successive seizures
Status: in_force

A. To the extent not otherwise governed under Chapter 9 of the Louisiana Commercial Laws (R.S. 10:9-101, et seq.), a seizing creditor, by the mere act of seizure, acquires a privilege on the property seized, which entitles him to a preference over ordinary creditors.

B. When several seizures of the same property are made by ordinary creditors, the seizing creditors acquire a privilege and are entitled to a preference among themselves according to the order of their seizures.

Acts 1989, No. 137, §18, eff. Sept. 1, 1989.
La. Civ. Code art. 743 — LA Code / Code civil-code / Article 743
Accessory rights.
Status: in_force

Rights that are necessary for the use of a servitude are acquired at the time the servitude is established. They are to be exercised in a way least inconvenient for the servient estate.

Acts 1977, No. 514, §1.
La. Civ. Code art. 1856 — LA Code / Code civil-code / Article 1856
Valid transfer of object of performance
Status: in_force

An obligation that may be extinguished by the transfer of a thing is not extinguished unless the thing has been validly transferred to the obligee of performance.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 755 — LA Code / Code civil-code / Article 755
Obstacle to servitude.
Status: in_force

If the owner of the dominant estate is prevented from using the servitude by an obstacle that he can neither prevent nor remove, the prescription of nonuse is suspended on that account for a period of up to ten years.

Acts 1977, No. 514, §1.
La. Civ. Code art. 3038 — LA Code / Code civil-code / Article 3038
Formal requirements of suretyship
Status: in_force

Suretyship must be express and in writing.

Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
La. Code Civ. Proc. art. 4917 — LA Code / Code code-of-civil-procedure / Article 4917
Pleadings; justice of the peace courts; district courts with concurrent jurisdiction
Status: in_force

A. A party or his attorney may state the claim, exceptions, defenses, or other pleas orally to the justice of the peace or the clerk of court. No written pleadings shall be required.

B. A party may file written pleadings if he so desires, but additional fees resulting from written pleadings not required shall not be imposed upon the party cast as costs of court.

C. A defendant shall include in his answer, whether oral or in writing, all of the exceptions upon which he intends to rely.

Acts 1986, No. 156, §1.
La. Civ. Code art. 2537 — LA Code / Code civil-code / Article 2537
Judicial sales
Status: in_force

Judicial sales resulting from a seizure are not subject to the rules on redhibition.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 3545 — LA Code / Code civil-code / Article 3545
Products liability
Status: in_force

Delictual and quasi-delictual liability for injury caused by a product, as well as damages, whether compensatory, special, or punitive, are governed by the law of this state: (1) when the injury was sustained in this state by a person domiciled or residing in this state; or (2) when the product was manufactured, produced, or acquired in this state and caused the injury either in this state or in another state to a person domiciled in this state.

The preceding paragraph does not apply if neither the product that caused the injury nor any of the defendant's products of the same type were made available in this state through ordinary commercial channels.

All cases not disposed of by the preceding paragraphs are governed by the other Articles of this Title.

Acts 1991, No. 923, §1, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 4662 — LA Code / Code code-of-civil-procedure / Article 4662
Rules of ordinary proceeding applicable
Status: in_force

Except as otherwise provided in this Title and by law, the rules applicable to an ordinary proceeding apply, so far as practicable, to a concursus proceeding.
La. Code Civ. Proc. art. 696 — LA Code / Code code-of-civil-procedure / Article 696
Pledgor and pledgee
Status: in_force

The pledgee of a real right, or of a negotiable instrument or other incorporeal right, is the proper plaintiff to sue to enforce the pledged right.

The pledgee may enforce the entire right judicially, unless it is an obligation of the pledgor, in which event it may be enforced only to the extent of the indebtedness secured by the pledge.
La. Civ. Code art. 2367.2 — LA Code / Code civil-code / Article 2367.2
Component parts of separate property
Status: in_force

When a spouse with his own separate property incorporates in or attaches to a separate immovable of the other spouse things that become component parts under Articles 465 and 466, Article 2367.1 applies.

Acts 1984, No. 933, §1; Acts 2009, No. 204, §1.
La. Code Civ. Proc. art. 3222 — LA Code / Code code-of-civil-procedure / Article 3222
Deposit of succession funds; unauthorized withdrawals prohibited; penalty
Status: in_force

A succession representative shall deposit all moneys collected by him as soon as received, in a bank account in his official capacity, in a state or national bank in this state, and shall not withdraw the deposits or any part thereof, except in accordance with law.

On failure to comply with the provisions of this article, the court may render a judgment against the succession representative and his surety in solido to the extent of twenty percent interest per annum on the amount not deposited or withdrawn without authority, such sum to be paid to the succession. He may also be adjudged liable for all special damage suffered, and may be dismissed from office.
La. Civ. Code art. 3270 — LA Code / Code civil-code / Article 3270
Effect of priorities among privileges.
Status: in_force

When the debts privileged on the movables and immovables can not be paid entirely, either because the movable effects are of small value, or subject to special privileges which claim a preference, or because the movables and immovables together do not suffice, the deficiency must not be borne proportionally among the debtors,* but the debts must be paid according to the order established above, and the loss must fall on those which are of inferior dignity.**

*Note error in English translation of French text; "debtors" should be "debts."

**English translation of French text incomplete; should include "and which cannot be discharged."
La. Ch. Code art. 1283.7 — LA Code / Code childrens-code / Article 1283.7
Intervention
Status: in_force

A. Intervention in agency adoption proceedings shall not be allowed except on motion to the court and a showing of good cause.

B. Such intervention shall be limited to persons having a substantial caretaking relationship with the child for one year or longer, or any other person that the court finds to be a party in interest.

C. The intervention of a party in interest shall be for the limited purpose of presenting evidence as to the best interest of the child.

Acts 1999, No. 1268, §1.