FrankGoortani/open-us-law huggingface dataset:
La. Ch. Code art. 419 — LA Code / Code childrens-code / Article 419
Court personnel
Status: in_force

A. The judge of the court may employ such stenographic, secretarial, and other personnel deemed necessary to make the functions of the court effective and provide adequate service.

B. The employment of such persons shall be at the expense of the court and, unless otherwise provided by law, shall be paid by the respective parishes.

Acts 1991, No. 235, §4, eff. Jan. 1, 1992.
La. Ch. Code art. 1263 — LA Code / Code childrens-code / Article 1263
Time limitations; finality
Status: in_force

A. An action to annul a final decree of adoption based upon a claim of fraud or duress perpetrated by anyone other than the adoptive parent must be brought within six months from discovery of the fraud or duress and in no event later than one year from the date of the signing of the final decree or mailing of the judgment when required.

B. An action to annul a final decree of adoption based upon a claim of fraud or duress perpetrated by an adoptive parent must be brought within six months from discovery of the fraud or duress and in no event later than two years from the date of the signing of the final decree or mailing of the judgment when required.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1997, No. 796, §1, eff. July 1, 1997; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2001, No. 838, §1, eff. July 1, 2001; Acts 2003, No. 776, §1, eff. July 1, 2003.

NOTE: See Acts 2003, No. 776, §2, relative to time of actions to annul a final decree of adoption.
La. Civ. Code art. 1342 — LA Code / Code civil-code / Article 1342
Terms of sale of succession effects where heirs present demand sale for cash.
Status: in_force

If there be, among the heirs of the deceased, any who are of age and present, and who demand that the sale be made for cash, it shall be made for cash, for a sufficient sum to cover the portion coming to them, and on a credit for the balance, on the terms prescribed by the other heirs.

But on the partition of the proceeds of the sale, the whole amount shall be reduced to its cash value, by deducting from the whole sum to be paid, * eight per cent. per annum, and those heirs who require their portion in cash, shall receive it on the whole amount thus reduced.

* English translation of French text incomplete; should include "on credit."
La. Civ. Code art. 3548 — LA Code / Code civil-code / Article 3548
Domicile of juridical persons
Status: in_force

For the purposes of this Title, and provided it is appropriate under the principles of Article 3542, a juridical person that is domiciled outside this state, but which transacts business in this state and incurs a delictual or quasi-delictual obligation arising from activity within this state, shall be treated as a domiciliary of this state.

Acts 1991, No. 923, §1, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 2772 — LA Code / Code code-of-civil-procedure / Article 2772
Procedure to obtain deficiency judgment
Status: in_force

A creditor may obtain a deficiency judgment against the debtor either by converting the executory proceeding into an ordinary proceeding as provided in Article 2644, or by a separate suit. In either case, the defendant must be cited, and all of the delays and formalities required in ordinary proceedings must be observed.
La. Code Civ. Proc. art. 1875 — LA Code / Code code-of-civil-procedure / Article 1875
Powers enumerated not exclusive
Status: in_force

The enumeration in Articles 1872 through 1874 does not limit or restrict the exercise of the general powers conferred in Article 1871 in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.
La. Civ. Code art. 1744 — LA Code / Code civil-code / Article 1744
Donations between future or present spouses; in general
Status: in_force

A person may make a donation inter vivos to his future or present spouse in contemplation of or in consideration of their marriage in accordance with the provisions of this Chapter. Such a donation shall be governed by the rules applicable to donations inter vivos in general, including the rules that pertain to the reduction of donations that exceed the disposable portion, but only insofar as those general rules are not modified by the following Articles.

A donation inter vivos by a person to his future or present spouse in contemplation of or in consideration of their marriage that is not made in accordance with the provisions of this Chapter shall be governed solely by the rules applicable to donations inter vivos in general.

Acts 2004, No. 619, §1, eff. Sept. 1, 2005.
La. Code Civ. Proc. art. 2631 — LA Code / Code code-of-civil-procedure / Article 2631
Use of executory proceedings
Status: in_force

Executory proceedings are those which are used to effect the seizure and sale of property, without previous citation and judgment, to enforce a mortgage or privilege thereon evidenced by an authentic act importing a confession of judgment, and in other cases allowed by law.
La. Code Civ. Proc. art. 597 — LA Code / Code code-of-civil-procedure / Article 597
Effect of judgment
Status: in_force

A definitive judgment on the merits rendered in a class action concludes all members of the class, whether joined in the action or not, if the members who were joined as parties fairly insured adequate representation of all members of the class.
La. Code Civ. Proc. art. 4272 — LA Code / Code code-of-civil-procedure / Article 4272
Court approval of payments to minor
Status: in_force

Court approval of payments to a minor shall be governed by the provisions of Article 4521.

Acts 1993, No. 867, §1, eff. June 23, 1993; Acts 1995, No. 122, §1; Acts 2008, No. 716, §1; Acts 2018, No. 607, §1.
La. Code Civ. Proc. art. 2 — LA Code / Code code-of-civil-procedure / Article 2
Jurisdiction over subject matter
Status: in_force

Jurisdiction over the subject matter is the legal power and authority of a court to hear and determine a particular class of actions or proceedings, based upon the object of the demand, the amount in dispute, or the value of the right asserted.
La. Code Civ. Proc. art. 4874 — LA Code / Code code-of-civil-procedure / Article 4874
Withdrawal of demand for jury trial after transfer
Status: in_force

A motion to transfer pursuant to this Chapter shall constitute a demand by the removing party for trial by jury. He may not subsequently withdraw the demand without the approval of the court and the other party or parties.

Acts 1979, No. 46, §1, eff. Jan. 1, 1980.
La. Code Civ. Proc. art. 3171 — LA Code / Code code-of-civil-procedure / Article 3171
Appointment
Status: in_force

If it appears from the record, or is otherwise proved by an interested party, that an heir of an intestate, or a legatee or presumptive legal heir of a deceased testator, is an absentee, and there is a necessity for such appointment, the court shall appoint an attorney at law to represent the absent heir or legatee.
La. Code Civ. Proc. art. 4915 — LA Code / Code code-of-civil-procedure / Article 4915
Jurisdiction over the person; justice of the peace courts
Status: in_force

A justice of the peace court may exercise jurisdiction over the person to the same extent, and in the same manner, as a district court.

Acts 1986, No. 156, §1.
La. Civ. Code art. 3460 — LA Code / Code civil-code / Article 3460
Peremption need not be pleaded
Status: in_force

Peremption may be pleaded or it may be supplied by a court on its own motion at any time prior to final judgment.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Code Crim. Proc. art. 319 — LA Code / Code code-of-criminal-procedure / Article 319
Modifications of bail
Status: in_force

A. The court having trial jurisdiction over the offense charged, on its own motion or on motion of the prosecuting attorney or defendant, for good cause, may either increase or reduce the amount of bail, or require new or additional security. For purposes of this Article, good cause for increase of bail specifically includes but is not limited to the rearrest of the defendant on offenses alleged to have been committed while out on a bail undertaking. The modification of any bail order wherein a bail undertaking has been posted by a criminal defendant and his sureties shall upon the modification terminate the liability of the defendant and his sureties under the previously existing bail undertaking. A new bail undertaking must be posted in the amount of the new bail order.

B. The defendant or his surety may, at any time before a breach of the bail undertaking and with approval of the court in which the prosecution is pending, substitute another form of security authorized by this Code. The original security, including a surety, shall be released when the substitution of security is made.

Amended by Acts 1979, No. 161, §1; Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 1994, 3rd Ex. Sess., No. 52, §1, eff. Sept. 1, 1994; Acts 2010, No. 914, §1; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
La. Ch. Code art. 1220 — LA Code / Code childrens-code / Article 1220
Refusal of interlocutory or final decree
Status: in_force

Upon refusal to grant an interlocutory or final decree to the petitioners for the reason that the agency adoption is not in the best interests of the child, the court may remove the child from the petitioner and reinstate the legal custodian or appoint a custodian.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Civ. Code art. 2751 — LA Code / Code civil-code / Article 2751
Obligations of carriers and watermen
Status: in_force

Carriers and watermen are subject, with respect to the safe keeping and preservation of the things intrusted to them, to the same obligations and duties which are imposed on tavern keepers in the title: Of Deposit and Sequestration.
La. Civ. Code art. 212 — LA Code / Code civil-code / Article 212
Adult adoption requirements
Status: in_force

A person who has attained the age of majority may be adopted without judicial authorization only when the adoptive parent is the spouse or the surviving spouse of a parent of the person to be adopted.

In other proposed adult adoptions, the court, upon the joint petition of the adoptive parent and the person to be adopted, may authorize the adoption of a person who has attained the age of majority if the court finds after a hearing that the adoption is in the best interest of both parties.

Acts 2008, No. 351, §1, eff. Jan. 1, 2009; Acts 2009, No. 3, §3, eff. June 9, 2009.
La. Civ. Code art. 1261 — LA Code / Code civil-code / Article 1261
Destruction of immovable after election to collate in kind.
Status: in_force

If within the time and in the form prescribed in the chapter which treats of partitions, the donee has made his election to collate in kind the immovable property which has been given to him, and it is afterwards destroyed, without the act or fault of the donee, the loss is borne by the succession, and the donee shall not be bound to collate the value of the property.
La. Civ. Code art. 763 — LA Code / Code civil-code / Article 763
Minority or other disability.
Status: in_force

The prescription of nonuse is not suspended by the minority or other disability of the owner of the dominant estate.

Acts 1977, No. 514, §1.
La. Civ. Code art. 3113 — LA Code / Code civil-code / Article 3113
Time, place and notice of hearing.
Status: in_force

The arbitrators shall appoint a time and place for examining the matter to them submitted, and give notice thereof to the parties or to their attorneys.
La. Civ. Code art. 488 — LA Code / Code civil-code / Article 488
Products; reimbursement of expenses.
Status: in_force

Products derived from a thing as a result of diminution of its substance belong to the owner of that thing. When they are reclaimed by the owner, a possessor in good faith has the right to reimbursement of his expenses. A possessor in bad faith does not have this right.

Acts 1979, No. 180, §1.
La. Code Civ. Proc. art. 41 — LA Code / Code code-of-civil-procedure / Article 41
Definition
Status: in_force

Venue means the parish where an action or proceeding may properly be brought and tried under the rules regulating the subject.
La. Code Crim. Proc. art. 5 — LA Code / Code code-of-criminal-procedure / Article 5
Mandatory and permissive language
Status: in_force

The word "shall" is mandatory, and the word "may" is permissive.
La. Ch. Code art. 1027 — LA Code / Code childrens-code / Article 1027
Discovery rights; access to department records
Status: in_force

A. At any stage of the proceedings, upon written motion of counsel for the protected person or his parent, the court may order the district attorney or the department to permit counsel to inspect:

(1) Reports of investigation in the possession or control of the district attorney or the department.

(2) Reports of evaluations or tests pertaining to the child in the possession or control of the district attorney or the department.

(3) The case records maintained by the department pertaining to the child and the parent, except information otherwise protected under R.S. 46:56 or by restrictive order pursuant to Article 1028.

(4) Any videotape of a protected person made in compliance with Chapter 8 of Title III which is in the possession or control of the district attorney or the department.

B. The court shall order the district attorney or the department to permit counsel to inspect and copy any physical evidence, documents, or photographs which the state intends to offer into evidence at the hearing as provided for in Subparagraphs A(1), (2), and (4). However, the court may, in its discretion, permit the inspection of evidence provided for in Subparagraph A(3).

C. If counsel for the child or his parents is provided discovery, the court may condition that order upon reciprocal discovery by the state.

D. The court shall not order the production or inspection of any part of a writing that reflects the mental impressions, conclusions, or theories of an attorney nor any other type of discovery except that expressly authorized by this Article.

E. The duties imposed by a discovery order continue while the child is subject to the jurisdiction of the court, unless the order provides otherwise.

Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2004, No. 241, §1.
La. Civ. Code art. 622 — LA Code / Code civil-code / Article 622
Confusion of usufruct and naked ownership.
Status: in_force

A usufruct terminates by confusion when the usufruct and the naked ownership are united in the same person.

The usufruct does not terminate if the title by which the usufruct and the naked ownership were united is annulled for some previously existing defect or some vice inherent in the act.

Acts 1976, No. 103, §1.
La. Civ. Code art. 2000 — LA Code / Code civil-code / Article 2000
Damages for delay measured by interest; no need of proof; attorney fees
Status: in_force

When the object of the performance is a sum of money, damages for delay in performance are measured by the interest on that sum from the time it is due, at the rate agreed by the parties or, in the absence of agreement, at the rate of legal interest as fixed by R.S. 9:3500. The obligee may recover these damages without having to prove any loss, and whatever loss he may have suffered he can recover no more. If the parties, by written contract, have expressly agreed that the obligor shall also be liable for the obligee's attorney fees in a fixed or determinable amount, the obligee is entitled to that amount as well.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985; Acts 1985, No. 137, §1, eff. July 3, 1985; Acts 1987, No. 883, §1; Acts 2004, No. 743, §3, eff. Jan. 1, 2005.

NOTE: SEE ACTS 1985, NO. 137, §2.
La. Civ. Code art. 2360 — LA Code / Code civil-code / Article 2360
Community obligation.
Status: in_force

An obligation incurred by a spouse during the existence of a community property regime for the common interest of the spouses or for the interest of the other spouse is a community obligation.

Acts 1979, No. 709, §1.
La. Ch. Code art. 778 — LA Code / Code childrens-code / Article 778
Disposition hearing; evidence
Status: in_force

The court may consider the report of the predisposition investigation, any reports of mental evaluation, and all other evidence offered by the child, his caretaker or the state relating to the proper disposition. The court may consider evidence which would not be admissible at the adjudication hearing.

Acts 1991, No. 235, §7.
La. Code Civ. Proc. art. 376 — LA Code / Code code-of-civil-procedure / Article 376
Limitation of immunity
Status: in_force

Any immunity which may extend to an expert appointed by the court pursuant to Code of Civil Procedure Article 373 shall not extend to those acts of the expert which constitute perjury, as provided in R.S. 14:123.

Acts 2001, No. 571, §1.
La. Code Crim. Proc. art. 232 — LA Code / Code code-of-criminal-procedure / Article 232
Same; arrested person taken before judge for hearing
Status: in_force

An officer making an arrest under Article 231 shall, without unnecessary delay, take the person arrested before a judge of the parish in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the judge determines that the arrest was lawful he shall, subject to rights of bail as stated in Article 271, commit the person arrested to jail for a period of time, not exceeding thirty days, to await the issuance of an extradition warrant by the governor of this state. If the judge determines that the arrest was unlawful he shall discharge the person arrested.
La. Code Crim. Proc. art. 844 — LA Code / Code code-of-criminal-procedure / Article 844
Assignment of errors; sanctions for failure to file timely
Status: in_force

A. The party appealing shall file with the appellate court a written designation of those errors which are to be urged on appeal and furnish a copy to the trial judge and all counsel. This assignment of errors shall be filed in accordance with the uniform rules of the appropriate appellate court.

B. If the appellant fails to comply with these provisions and fails to secure an extension in accordance with Article 916(1), the trial judge on his own motion or motion of the clerk or any party or upon referral by the appellate court and after hearing shall either:

(1) Extend the time within which the assignment of errors shall be filed.

(2) Impose a fine not to exceed five hundred dollars upon the appellant or his attorney or both if the failure is found by the court to be arbitrary and capricious.

C. If the record is not lodged in the appellate court within sixty days after the motion for the appeal is made or within the extended time granted by the proper court or if the record is lodged in the appellate court without an assignment of errors, the appellate court may adjudge the appellant, his attorney, or both guilty of contempt of court and impose a punishment authorized by law.

D. The trial judge may submit such per curiam comments as he desires.

Amended by Acts 1974, No. 207, §1; Acts 1980, No. 537, §1; Acts 1981, No. 296, §1; Acts 1984, No. 527, §1; Acts 1997, No. 642, §1.
La. Code Crim. Proc. art. 881.4 — LA Code / Code code-of-criminal-procedure / Article 881.4
Action by appellate court
Status: in_force

A. If the appellate court finds that a sentence must be set aside on any ground, the court shall remand for resentence by the trial court. The appellate court may give direction to the trial court concerning the proper sentence to impose.

B. In the interest of justice, the appellate court may remand the case for resentencing before a judge other than the judge who imposed the initial sentence.

C. If necessary to an appropriate disposition of a motion to reconsider sentence, the appellate court may remand the case to the trial court with instructions to supplement the record or to hold an evidentiary hearing.

D. The appellate court shall not set aside a sentence for excessiveness if the record supports the sentence imposed.

Acts 1991, No. 38, §1; Acts 1995, No. 942, §1.

{{NOTE: SEE ACTS 1991, NO. 38, §3, FOR SPECIAL EFFECTIVE DATE.}}
La. Civ. Code art. 1414 — LA Code / Code civil-code / Article 1414
Prescription against minors after judicial partition.
Status: in_force

This prescription, in case of lesion, runs against minors as well as against persons of age, when the partition * has been made judicially and with all the forms prescribed by law.

* English translation of French text incomplete; should include "in which the minors were interested."
La. Code Crim. Proc. art. 876 — LA Code / Code code-of-criminal-procedure / Article 876
Sentence for crime committed as a child
Status: in_force

A. An adult who is charged with an offense committed at the time he was a child for which the time limitation for the institution of prosecution pursuant to Code of Criminal Procedure Article 571 has not lapsed and for which he was subject to prosecution as an adult due to his age at the time the offense was committed shall be prosecuted as an adult in the appropriate court exercising criminal jurisdiction. If convicted, he shall be punished as an adult as provided by law.

B. An adult who is charged with an offense committed at the time he was a child for which the time limitation for the institution of prosecution pursuant to Code of Criminal Procedure Article 571 has not lapsed and for which he was not subject to prosecution as an adult due to his age at the time the offense was committed shall be prosecuted as an adult in the appropriate court exercising criminal jurisdiction. If convicted, he may be committed to the custody of the Department of Public Safety and Corrections to be confined in secure placement for a period of time as determined by the court not to exceed the maximum amount of confinement he could have been ordered to serve had he been adjudicated for the offense as a child at the time the offense was committed.

Acts 2008, No. 670, §2; Acts 2010, No. 805, §2.
La. Civ. Code art. 2716 — LA Code / Code civil-code / Article 2716
Termination of lease granted by a usufructuary
Status: in_force

A lease granted by a usufructuary terminates upon the termination of the usufruct.

The lessor is liable to the lessee for any loss caused by such termination, if the lessor failed to disclose his status as a usufructuary.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Code Civ. Proc. art. 4732 — LA Code / Code code-of-civil-procedure / Article 4732
Trial of rule; judgment of eviction
Status: in_force

A. The court shall make the rule returnable not earlier than the third day after service thereof, at which time the court shall try the rule and hear any defense which is made.

B. If the court finds the lessor or owner entitled to the relief sought, or if the lessee or occupant fails to answer or to appear at the trial, the court shall render immediately a judgment of eviction ordering the lessee or occupant to deliver possession of the premises to the lessor or owner. The judgment of eviction shall be effective for not less than ninety days.

Acts 2001, No. 24, §1.
La. Code Civ. Proc. art. 1032 — LA Code / Code code-of-civil-procedure / Article 1032
Form of petition
Status: in_force

An incidental demand shall be commenced by a petition which shall comply with the requirements of Articles 891, 892 and 893. An incidental demand instituted by the defendant in the principal action may be incorporated in his answer to the principal demand. In this event, the caption shall indicate appropriately the dual character of the combined pleading.

Amended by Acts 1988, No. 443, §2, eff. Jan. 1, 1989.

{{NOTE: SEE ACTS 1988, NO. 443, §3.}}