FrankGoortani/open-us-law huggingface dataset:
La. Code Crim. Proc. art. 230.1 — LA Code / Code code-of-criminal-procedure / Article 230.1
Maximum time for appearance before judge for the purpose of appointment of counsel; court discretion to fix bail at the appearance; extension of time limit for cause; effect of failure of appearance
Status: in_force

A. The sheriff or law enforcement officer having custody of an arrested person shall bring him promptly, and in any case within seventy-two hours from the time of the arrest, before a judge for the purpose of appointment of counsel. Saturdays, Sundays, and legal holidays shall be excluded in computing the seventy-two-hour period referred to herein. The defendant shall appear in person unless the court by local rule provides for such appearance by telephone or audio-video electronic equipment. However, upon a showing that the defendant is incapacitated, unconscious, or otherwise physically or mentally unable to appear in court within seventy-two hours, then the defendant's presence is waived by law, and a judge shall appoint counsel to represent the defendant within seventy-two hours from the time of arrest.

B. At this appearance, if a defendant has the right to have the court appoint counsel to defend him, the court shall assign counsel to the defendant. The court may also, in its discretion, determine or review a prior determination of the amount of bail.

C. If the arrested person is not brought before a judge in accordance with the provisions of Paragraph A of this Article, he shall be released on his own recognizance.

D. The failure of the sheriff or law enforcement officer to comply with the requirements herein shall have no effect whatsoever upon the validity of the proceedings thereafter against the defendant.

Added by Acts 1972, No. 700, §1. Amended by Acts 1977, No. 395, §1; Acts 1984, No. 206, §1; Acts 1985, No. 955, §1; Acts 2006, No. 811, §1; Acts 2018, No. 129, §1.
La. Civ. Code art. 2902 — LA Code / Code civil-code / Article 2902
Lender's liability for damage caused by defects in the thing
Status: in_force

The lender is liable to the borrower when defects in the thing lent cause damage or loss sustained by the borrower, if the lender knew or should have known of the defects and failed to inform the borrower.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
La. Ch. Code art. 1306.8 — LA Code / Code childrens-code / Article 1306.8
Confirmed order
Status: in_force

Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Code Crim. Proc. art. 203 — LA Code / Code code-of-criminal-procedure / Article 203
Form and contents of warrant
Status: in_force

The warrant of arrest shall:

(1) Be in writing and be in the name of the State of Louisiana;

(2) State the date when issued and the municipality or parish where issued;

(3) State the name of the person to be arrested, or, if his name is unknown, designate the person by any name or description by which he can be identified with reasonable certainty;

(4) State the offense charged against the person to be arrested;

(5) Command that the person against whom the complaint was made be arrested and booked; and

(6) Be signed by the magistrate with the title of his office.

The warrant of arrest may specify the amount of bail in noncapital cases when the magistrate has authority to fix bail.
La. Code Crim. Proc. art. 775.1 — LA Code / Code code-of-criminal-procedure / Article 775.1
Automatic stay following order of mistrial
Status: in_force

If a judge orders a mistrial, then upon motion of either the state or the defendant, the court shall order an automatic twenty-four-hour stay of all proceedings in which either the state or the defendant may take an emergency writ application to the appropriate reviewing courts with appellate jurisdiction, including the Louisiana Supreme Court. The jury shall not be released pending the stay unless both the state and defendant agree to release the jury.

Acts 2004, No. 413, §1; Acts 2011, No. 87, §1.
La. Code Civ. Proc. art. 3334 — LA Code / Code code-of-civil-procedure / Article 3334
Failure to file account; penalty
Status: in_force

An interested person may proceed by contradictory motion to remove a succession representative who has failed to file an account after being ordered to do so by the court and may obtain the remedies provided by Article 2502.
La. Civ. Code art. 235 — LA Code / Code civil-code / Article 235
Termination of parental authority
Status: in_force

Parental authority terminates upon the child's attaining the age of majority, upon the child's emancipation, or upon termination of the marriage of the parents of the child.

Acts 2015, No. 260, §1, eff. Jan. 1, 2016.
La. Code Civ. Proc. art. 86 — LA Code / Code code-of-civil-procedure / Article 86
Action involving voting trusts
Status: in_force

An action against a voting trust or trustee of the voting trust, or both, may be brought:

(1) In the parish or parishes where the document or documents creating the voting trust were executed.

(2) If stock transferred to the voting trust was held by an inter vivos trust, in the parish or parishes where the inter vivos trust documents were executed.

(3) If stock transferred to the voting trust was held by a mortis causa trust, in the parish having jurisdiction over the settlor's estate.

Acts 1998, 1st Ex. Sess., No. 102, §2, eff. May 5, 1998.
La. Civ. Code art. 1268 — LA Code / Code civil-code / Article 1268
Collation in kind; retention of immovable until reimbursement of expenses.
Status: in_force

The donee, who makes the collation in kind of the immovable property given to him, may keep possession of the same until the final reimbursement of the sums to him due for the necessary and useful expenses which he has made thereon, after deducting the amount of the damage the estate has suffered through his fault or neglect, as is before provided.
La. Ch. Code art. 1015.1 — LA Code / Code childrens-code / Article 1015.1
Grounds; termination of parental rights of perpetrator of a sex offense
Status: in_force

Parental rights of a natural parent may be terminated in cases where there is a conviction or commission of a sex offense as defined in R.S. 15:541 by that natural parent which resulted in the conception of the child.

Acts 2023, No. 271, §1, eff. June 9, 2023.

NOTE: Former Ch.C. Art. 1015.1 redesignated as Ch.C. Art. 1015.2 by Acts 2023, No. 271, §1, eff. June 9, 2023.
La. Ch. Code art. 1233 — LA Code / Code childrens-code / Article 1233
Final decree at first hearing
Status: in_force

Notwithstanding Article 1238, upon due consideration of the factors enumerated in Article 1230(B), the court may render a final decree of private adoption at the first hearing, without the necessity of first entering an interlocutory decree, only if the rights of the child's parents have been terminated pursuant to Title X or XI of this Code and the child has lived in the petitioner's home for six months.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2021, No. 6, §1.
La. Code Civ. Proc. art. 4070 — LA Code / Code code-of-civil-procedure / Article 4070
Provisional tutor
Status: in_force

On the application of an interested person or on its own motion, pending the appointment of a tutor, the court may appoint a qualified person as provisional tutor of a minor, if such appointment is necessary for the welfare of the minor or for the preservation of his property.
La. Code Civ. Proc. art. 155 — LA Code / Code code-of-civil-procedure / Article 155
Selection of judge to try motion to recuse
Status: in_force

Once a motion that sets forth a ground for recusal under Article 151 is referred for hearing, the supreme court shall appoint an ad hoc judge to hear the motion to recuse, and only the ad hoc judge to whom the motion is assigned shall have the power and authority to act in the cause pending disposition of the motion.

Acts 2001, No. 417, §1; Acts 2021, No. 143, §1.
La. Code Crim. Proc. art. 717 — LA Code / Code code-of-criminal-procedure / Article 717
Disclosure by the state; criminal records of defendant and witnesses; inducements to the state's witnesses
Status: in_force

A. Upon written motion of the defendant, the court shall order the district attorney to disclose, or to direct the appropriate law enforcement agency to disclose to the defendant, the record of arrests and convictions of the defendant, any codefendant, and any witness the state calls, or intends to call at trial.

B. The district attorney shall also disclose any inducement offered by the district attorney, or by any law enforcement officer on behalf of the district attorney, to any state witness.

C. The time for disclosure provided for by this Article shall be set by the court, provided that the district attorney shall not be required to disclose inducements or records of arrests and convictions until the commencement of trial. For any witness called by the state in its rebuttal case, the record of arrests and convictions of the rebuttal witness, and any inducement offered by the district attorney, or by any law enforcement officer on behalf of the district attorney, to secure testimony of the witness in the state's rebuttal case shall be disclosed immediately prior to the witness being sworn.

D. The provisions of Article 729.7 of this Code regarding the protection of a witness's identity shall apply to this Article.

Added by Acts 1977, No. 515, §1; Acts 2012, No. 842, §1; Acts 2013, No. 250, §1.

NOTE: See Acts 2013, No. 250, §2, relative to applicability.
La. Ch. Code art. 1231 — LA Code / Code childrens-code / Article 1231
Intervention
Status: in_force

A. Intervention in private 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 interests of the child.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Civ. Code art. 1407 — LA Code / Code civil-code / Article 1407
Facts required to obtain rescission for lesion.
Status: in_force

This sale shall be subject to rescission, if it be proved that, at the time it was made, the purchaser alone knew the value of the succession, and permitted the vendor to remain in ignorance of it.
La. Ch. Code art. 1302.11 — LA Code / Code childrens-code / Article 1302.11
Continuing exclusive jurisdiction to modify spousal support order
Status: in_force

A. A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation.

B. A tribunal of this state may not modify a spousal support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country.

C. A tribunal of this state that has continuing, exclusive jurisdiction over a spousal support order may serve as:

(1) An initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this state; or

(2) A responding tribunal to enforce or modify its own spousal support order.

Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Ch. Code art. 836 — LA Code / Code childrens-code / Article 836
Determination of mental capacity to proceed
Status: in_force

A. The issue of the mental capacity of the child to proceed shall be determined by the court after a contradictory hearing. If the child is in a secure detention facility, the hearing shall be held within forty-five days of the appointment of the competency commission. Otherwise, the hearing shall be held within sixty days of the appointment of the commission. The court may extend either time period for a period not to exceed fifteen days, if an extension of time was granted in accordance with Article 835.

B. The report of the competency commission is admissible in evidence at the hearing. Members of the commission may be called as witnesses by the court, the child, or the district attorney. The members of the competency commission are subject to cross examination by the child, the district attorney, and the court. Other evidence pertaining to the child's capacity to proceed may be introduced at the hearing by the child and by the district attorney.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2006, No. 266, §1; Acts 2008, No. 222, §1, eff. June 16, 2008.
La. Code Civ. Proc. art. 4847 — LA Code / Code code-of-civil-procedure / Article 4847
Limitations upon jurisdiction
Status: in_force

A. Except as otherwise provided by law, a parish court or city court has no jurisdiction in any of the following cases or proceedings:

(1) A case involving title to immovable property.

(2) A case involving the right to public office or position.

(3) A case in which the plaintiff asserts civil or political rights under the federal or state constitutions.

(4) A claim for annulment of marriage, divorce, separation of property, or alimony.

(5) A succession, interdiction, receivership, liquidation, habeas corpus, or quo warranto proceeding.

(6) A case in which the state, or a parish, municipal, or other political corporation is a defendant, except for a petition for nullity filed in the City Court of East St. Tammany to nullify a judgment of bond forfeiture rendered by the City Court of East St. Tammany.

(7) Any other case or proceeding excepted from the jurisdiction of these courts by law.

B. In addition, city courts shall not have jurisdiction in tutorship, curatorship, emancipation, and partition proceedings.

Acts 1986, No. 156, §1; Acts 1986, No. 152, §2, eff. June 28, 1986; Acts 1988, No. 670, §1; Acts 1990, No. 361, §1, eff. Jan. 1, 1991; Acts 2011, No. 228, §1; Acts 2020, No. 205, §3, eff. June 11, 2020.

{{NOTE: SEE ACTS 1986, NO. 152, §3.}}
La. Ch. Code art. 1013 — LA Code / Code childrens-code / Article 1013
Duties of a curator ad hoc
Status: in_force

A. Upon appointment, the curator ad hoc shall be responsible for all of the following:

(1) Securing all records pertaining to the petitioner's request through subpoenas duces tecum or other discovery process, if necessary.

(2) Reviewing all records pertaining to the termination of parental rights proceeding.

(3) Reporting to the court any objections to disclosure which he may have received from a custodian of records.

(4) After the records review is completed, recommending the granting or denial of the petitioner's request and particularizing the necessary scope of any disclosure order for the court's consideration.

B. A person proceeding in forma pauperis shall receive the services of the curator ad hoc without having to pay the curator's fees. However, in all cases, the curator shall be entitled to a reasonable fee for his services, and the court shall fix the fee commensurate with the services performed.

Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
La. Civ. Code art. 648 — LA Code / Code civil-code / Article 648
Contiguity or proximity of the estates.
Status: in_force

Neither contiguity nor proximity of the two estates is necessary for the existence of a predial servitude. It suffices that the two estates be so located as to allow one to derive some benefit from the charge on the other.

Acts 1977, No. 514, §1.
La. Code Civ. Proc. art. 2378 — LA Code / Code code-of-civil-procedure / Article 2378
Enforcement of mortgage or privilege superior to that of seizing creditor
Status: in_force

When the purchaser fails to pay a security interest or mortgage superior to the security interest, mortgage, lien, or privilege of the seizing creditor, the superior security interest or mortgage may be enforced under any of the applicable provisions of Articles 3721 through 3743, or as otherwise provided under applicable law.

Acts 1989, No. 137, §18, eff. Sept. 1, 1989.
La. Civ. Code art. 770 — LA Code / Code civil-code / Article 770
Abandonment of servient estate.
Status: in_force

A predial servitude is extinguished by the abandonment of the servient estate, or of the part on which the servitude is exercised. It must be evidenced by a written act. The owner of the dominant estate is bound to accept it and confusion takes place.

Acts 1977, No. 514, §1.
La. Code Civ. Proc. art. 615 — LA Code / Code code-of-civil-procedure / Article 615
Petition in shareholder's derivative action
Status: in_force

The petition in a class action brought by a shareholder, partner, or member of a corporation or unincorporated association because it refuses to enforce a right which it may enforce shall:

(1) Allege that the plaintiff was a shareholder, partner, or member at the time of the occurrence or transaction of which he complains, or that his share, partnership, or membership thereafter devolved on him by operation of law.

(2) Allege with particularity the efforts of the plaintiff to secure from the managing directors, governors, or trustees and, if necessary, from the shareholders, partners, or members, the enforcement of the right and the reasons for his failure to secure such enforcement, or the reason for not making such an effort to secure enforcement of the right.

(3) Join as defendants the corporation or unincorporated association and the obligor against whom the obligation is sought to be enforced.

(4) Include a prayer for judgment in favor of the corporation or unincorporated association and against the obligor on the obligation sought to be enforced.

(5) Be verified by the affidavit of the plaintiff or his counsel.

Acts 1997, No. 839, §1, eff. July 1, 1997.
La. Civ. Code art. 653 — LA Code / Code civil-code / Article 653
Division of advantages.
Status: in_force

The advantages resulting from a predial servitude may be divided, if they are susceptible of division.

Acts 1977, No. 514, §1.
La. Code Crim. Proc. art. 652 — LA Code / Code code-of-criminal-procedure / Article 652
Burden of proof
Status: in_force

The defendant has the burden of establishing the defense of insanity at the time of the offense by a preponderance of the evidence.
La. Code Civ. Proc. art. 2634 — LA Code / Code code-of-civil-procedure / Article 2634
Petition
Status: in_force

A person seeking to enforce a mortgage or privilege on property in an executory proceeding shall file a petition therefor, praying for the seizure and sale of the property affected by the mortgage or privilege. This petition shall comply with Article 891, and the plaintiff shall submit therewith the exhibits mentioned in Article 2635.
La. Code Crim. Proc. art. 291 — LA Code / Code code-of-criminal-procedure / Article 291
Authority to conduct preliminary examinations
Status: in_force

The following magistrates, throughout their several territorial jurisdictions, shall have authority to conduct preliminary examinations of persons accused of felonies, with authority to bail or discharge, as follows:

(1) District courts having criminal jurisdiction, in all cases;

(2) City or parish courts having criminal jurisdiction, in cases not capital; and

(3) Justices of the peace in cases not capital or necessarily punishable at hard labor.
La. Code Civ. Proc. art. 1979 — LA Code / Code code-of-civil-procedure / Article 1979
Summary decision on motion; maximum delays
Status: in_force

The court shall decide on a motion for a new trial within ten days from the time it is submitted for decision. The time may be extended for a specified period upon the written consent or stipulation of record by the attorneys representing all parties. When the court grants a motion for a new trial, it shall specify each of its reasons in the order.

Acts 2013, No. 78, §1.
La. Civ. Code art. 940 — LA Code / Code civil-code / Article 940
Same; unborn child
Status: in_force

An unborn child conceived at the death of the decedent and thereafter born alive shall be considered to exist at the death of the decedent.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Code Civ. Proc. art. 426 — LA Code / Code code-of-civil-procedure / Article 426
Transmission of action and of right to enforce obligation
Status: in_force

An action to enforce an obligation is the property of the obligee which on his death is transmitted with his estate to his heirs, universal legatees, or legatees under a universal title, except as otherwise provided by law. An action to enforce an obligation is transmitted to the obligee's legatee under a particular title only when it relates to the property disposed of under the particular title.

These rules apply also to a right to enforce an obligation, when no action thereon was commenced prior to the obligee's death.
La. Code Civ. Proc. art. 1672 — LA Code / Code code-of-civil-procedure / Article 1672
Involuntary dismissal
Status: in_force

A.(1) A judgment dismissing an action shall be rendered upon application of any party, when the plaintiff fails to appear on the day set for trial. In such case, the court shall determine whether the judgment of dismissal shall be with or without prejudice.

(2) The court, on its own motion, may dismiss an action without prejudice when all the parties thereto fail to appear on the day set for trial; however, when a case has been dismissed pursuant to this provision and it is claimed that there is a pending settlement, either party may reinstate the suit within sixty days of receipt of the notice of dismissal, and any cause of action which had not prescribed when the case was originally filed shall be fully reinstated as though the case had never been dismissed.

B. In an action tried by the court without a jury, after the plaintiff has completed the presentation of his evidence, any party, without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal of the action as to him on the ground that upon the facts and law, the plaintiff has shown no right to relief. The court may then determine the facts and render judgment against the plaintiff and in favor of the moving party or may decline to render any judgment until the close of all the evidence.

C. A judgment dismissing an action without prejudice shall be rendered as to a person named as a defendant for whom service has not been requested within the time prescribed by Article 1201(C) or 3955 upon the sustaining of a declinatory exception filed by such defendant, or upon contradictory motion of any other party, unless good cause is shown why service could not be requested, in which case the court may order that service be effected within a specified time.

Acts 1983, No. 534, §9; Acts 1997, No. 518, §2, eff. Jan. 1, 1998; Acts 1997, No. 1058, §1; Acts 2006, No. 750, §1; Acts 2010, No. 407, §1.
La. Civ. Code art. 721 — LA Code / Code civil-code / Article 721
Servitude on mortgaged property.
Status: in_force

A predial servitude may be established on mortgaged property. If the servitude diminishes the value of the estate to the substantial detriment of the mortgagee, he may demand immediate payment of the debt.

If there is a sale for the enforcement of the mortgage the property is sold free of all servitudes established after the mortgage. In such a case, the acquirer of the servitude has an action for the restitution of its value against the owner who established it.

Acts 1977, No. 514, §1.
La. Civ. Code art. 1895 — LA Code / Code civil-code / Article 1895
Obligations not to be performed at the same place
Status: in_force

Compensation takes place even though the obligations are not to be performed at the same place, but allowance must be made in that case for the expenses of remittance.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.