FrankGoortani/open-us-law huggingface dataset:
La. Code Evid. art. 706 — LA Code / Code code-of-evidence / Article 706
Court appointed experts
Status: in_force

A. Civil cases. In a civil case, the court may on its own motion or on the motion of any party enter an order to show cause why expert witnesses should not be appointed, and may request the parties to submit nominations. The court may appoint any expert witnesses agreed upon by the parties, and may appoint expert witnesses of its own selection. An expert witness shall not be appointed by the court unless he consents to act. A witness so appointed shall be informed of his duties by the court in writing, a copy of which shall be filed with the clerk, or at a conference in which the parties shall have opportunity to participate. A witness so appointed shall advise the parties of his findings, if any; his deposition may be taken by any party; and he may be called to testify by the court or any party.

B. Disclosure of appointment. In a civil case, in the exercise of its discretion, the court may authorize disclosure to the jury of the fact that the court appointed the expert witness.

C. Parties' experts of own selection. Nothing in this Article limits the parties in calling expert witnesses of their own selection.

D. Criminal cases. In a criminal case, the court may appoint an expert witness only when specifically authorized by statute, or as constitutionally required.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Civ. Code art. 3437 — LA Code / Code civil-code / Article 3437
Precarious possession
Status: in_force

The exercise of possession over a thing with the permission of or on behalf of the owner or possessor is precarious possession.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Code Evid. art. 102 — LA Code / Code code-of-evidence / Article 102
Purpose and construction
Status: in_force

These articles shall be construed to secure fairness and efficiency in administration of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Civ. Code art. 2935 — LA Code / Code civil-code / Article 2935
Delivery of civil and natural fruits
Status: in_force

The depositary is bound to deliver to the depositor the civil and natural fruits that he received from the thing deposited.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.
La. Code Evid. art. 604 — LA Code / Code code-of-evidence / Article 604
Interpreters
Status: in_force

An interpreter is subject to the provisions of this Code and the Rules of the Louisiana Supreme Court relating to qualification as a court-appointed interpreter and the administration of an oath or affirmation that the interpreter will make a true translation or interpretation.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989; Acts 2024, No. 32, §3.
La. Civ. Code art. 1273 — LA Code / Code civil-code / Article 1273
Collation by taking less; coheirs' election of collation by sale or in kind.
Status: in_force

When the collation is made by taking less, the coheirs to whom the collation is due have a right to require a sale of the property remaining to the succession, in order to be paid from the proceeds of this sale, not only the collation which is due to them, but the part which comes to them from the surplus of these proceeds, unless they prefer to pay themselves the amount of the collation due to them by taking such * movables and immovables of the succession as they may choose, according to the appraisement in the inventory, or the appraisement which serves as a basis to the partition.

* English translation of French text incomplete; should include "a proportionate value of."
La. Code Crim. Proc. art. 921.1 — LA Code / Code code-of-criminal-procedure / Article 921.1
Notice of decision in criminal appeals
Status: in_force

A. In addition to the requirements regarding transmission of notice of judgment and copies of decisions under the Uniform Rules of Louisiana Courts of Appeal, when a decision in an appellate court in a criminal appeal is rendered, the clerk of court shall transmit a notice or copy of the decision to the clerk of court from which the appeal was taken and to the Department of Public Safety and Corrections.

B. When a decision of the supreme court is rendered in a criminal appeal, the clerk of court shall transmit a notice or copy of the decision to the clerk of court from which the appeal was taken and to the Department of Public Safety and Corrections.

Acts 2014, No. 600, §1.
La. Code Crim. Proc. art. 334 — LA Code / Code code-of-criminal-procedure / Article 334
Notice of warrant for arrest
Status: in_force

After a warrant for arrest is issued, the clerk of court shall, within sixty days of the defendant's failure to appear, send a notice of warrant for arrest to the prosecuting attorney. The notice shall also be sent by United States mail or electronic means to the defendant, the bail agent or bondsman, if any, and the personal surety. Notice shall be sent by electronic means or by certified mail return receipt requested to the commercial surety. When the agent or bondsman has filed a "Notice of Electronic Notification Opt In" form with the clerk of court, the notice of warrant for arrest shall be sent to the agent or bondsman by electronic means. All notices shall be sent to the addresses provided pursuant to Article 329 or an address registered with the Department of Insurance. The notice to the commercial surety shall include the power of attorney number used to execute the bail undertaking. Failure to include the power of attorney number shall not affect the validity or enforcement of a resulting judgment. After sending the notice of warrant for arrest, the clerk of court shall execute a certificate that notice was sent and place the certificate in the record. Failure to send notice to the commercial surety and the agent or bondsman who has opted into electronic notification within sixty days of the defendant's failure to appear shall release the surety of all obligations under the bail undertaking.

Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 1995, No. 853, §1; Acts 2016, No. 613, §1, eff. Jan. 1, 2017; Acts 2025, No. 63, §1.
La. Civ. Code art. 3246 — LA Code / Code civil-code / Article 3246
Captain's privilege on cargo for freight charges.
Status: in_force

The captain has a privilege for the freight during fifteen days after the delivery of the merchandise, if they have not passed into third hands. He may even keep the goods, unless the shipper or consignee shall give him security for the payment of the freight.
La. Code Civ. Proc. art. 3194 — LA Code / Code code-of-civil-procedure / Article 3194
Contracts between succession representative and succession prohibited; penalties for failure to comply
Status: in_force

A succession representative cannot in his personal capacity or as representative of any other person make any contracts with the succession of which he is a representative. He cannot acquire any property of the succession, or interest therein, personally or by means of third persons, except as provided in Article 3195.

All contracts prohibited by this article are voidable and the succession representative shall be liable to the succession for all damages resulting therefrom.
La. Civ. Code art. 336 — LA Code / Code civil-code / Article 336
Alienation of minor's immovables.
Status: in_force

The prohibition of alienating the immovables of a minor, does not extend to the case in which a judgment is to be executed against him, or of a licitation made at the instance of the coheir, or other coproprietor.

Acts 1966, No. 496, §1.
La. Ch. Code art. 1253 — LA Code / Code childrens-code / Article 1253
Hearing; petition for intrafamily adoption
Status: in_force

A. The court shall hear the petition for intrafamily adoption within sixty days if there is no opposition or within ninety days if there is opposition. The court may extend this time for up to sixty days for good cause, which may include a showing by the department that it has been impossible to gather the necessary data within the time prescribed. The court may reduce the time to a minimum of fifteen days with written approval of the department and the petitioner.

B. At this hearing the court shall consider:

(1) Any motion to intervene which has been filed.

(2) Any other issues in dispute.

(3) The confidential report of the department, if any.

(4) The report of any criminal records concerning the petitioner, including the nature of the offenses, the number of offenses, and the length of time between the offenses and between the last offense committed and the petition for intrafamily adoption. The existence of a criminal record of the petitioner shall not be automatic grounds for the court to refuse to grant an intrafamily adoption.

(5) The report of any validated complaints of child abuse or neglect concerning the petitioner.

(6) The testimony of the parties.

C. If the child to be adopted is twelve years of age or older, the court shall solicit and consider his wishes in the matter.

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 2010, No. 738, §1; Acts 2013, No. 187, §1.
La. Code Civ. Proc. art. 1267 — LA Code / Code code-of-civil-procedure / Article 1267
Same; service on secretary of state
Status: in_force

If the officer making service certifies that he is unable, after diligent effort, to have service made as provided in Article 1266, then the service may be made personally on the secretary of state, or on a person in his office designated to receive service of process on limited liability companies. The secretary of state shall forward this citation to the limited liability company at its last known address.

Acts 2001, No. 407, §1.
La. Civ. Code art. 548 — LA Code / Code civil-code / Article 548
Existence of usufructuaries.
Status: in_force

When the usufruct is established by an act inter vivos, the usufructuary must exist or be conceived at the time of the execution of the instrument. When the usufruct is established by an act mortis causa, the usufructuary must exist or be conceived at the time of the death of the testator.

Acts 1976, No. 103, §1.
La. Ch. Code art. 662 — LA Code / Code childrens-code / Article 662
Right to present evidence and examine witnesses
Status: in_force

The child and his parents may introduce evidence, call witnesses, be heard on their own behalf, and cross-examine witnesses called by the state.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 1005 — LA Code / Code code-of-civil-procedure / Article 1005
Affirmative defenses
Status: in_force

The answer shall set forth affirmatively negligence, or fault of the plaintiff and others, duress, error or mistake, estoppel, extinguishment of the obligation in any manner, failure of consideration, fraud, illegality, injury by fellow servant, and any other matter constituting an affirmative defense. If a party has mistakenly designated an affirmative defense as a peremptory exception or as an incidental demand, or a peremptory exception as an affirmative defense, and if justice so requires, the court, on such terms as it may prescribe, shall treat the pleading as if there had been a proper designation.

Acts 2008, No. 824, §1, eff. Jan. 1, 2009.
La. Code Crim. Proc. art. 386 — LA Code / Code code-of-criminal-procedure / Article 386
Institution of prosecution after discharge at preliminary examination; after failure of grand jury to indict
Status: in_force

Discharge of a defendant after a preliminary examination does not preclude the subsequent filing of an indictment, information, or affidavit against him for the same offense.

The failure or refusal of a grand jury to indict a defendant does not preclude a subsequent indictment by the same or another grand jury, or the subsequent filing of an information or affidavit against him, for the same offense.
La. Civ. Code art. 3159 — LA Code / Code civil-code / Article 3159
Fruits of things pledged
Status: in_force

The pledgee is entitled to receive the fruits of the thing pledged and to retain them as security. He may also apply them to the secured obligation, even if not yet due.

Amended by Acts 1900, No. 157, §2; Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
La. Code Civ. Proc. art. 283 — LA Code / Code code-of-civil-procedure / Article 283
Orders and judgments which may be signed by district court clerk
Status: in_force

A. The clerk of a district court may sign any of the following orders or judgments:

(1) An order or judgment effecting or evidencing the doing of any of the acts authorized in Article 282;

(2) An order for the issuance of executory process, of a writ of attachment or of sequestration, or of garnishment process under a writ of fieri facias, attachment, or of sequestration; the release under bond of property seized under a writ of attachment or of sequestration; or to permit the filing of an intervention;

(3) An order for the execution of a probated testament; the affixing of seals; the taking of an inventory; the public sale of succession property to pay debts, on the written application of the succession representative accompanied by a list of the debts of the succession; the advertisement of the filing of a tableau of distribution or of an account by a legal representative; or requiring a legal representative to file an account; or

(4) An order to permit a party to institute and prosecute, or to defend, a suit without the payment of costs, under the provisions of Articles 5181 through 5188.

B. When an order signed by the clerk requires the services of a notary, the clerk shall appoint the notary suggested by the party obtaining the order.

Acts 2010, No. 175, §1.
La. Code Civ. Proc. art. 3655 — LA Code / Code code-of-civil-procedure / Article 3655
Possessory action
Status: in_force

The possessory action is one brought by the possessor or precarious possessor of immovable property or of a real right therein to be maintained in his possession of the property or enjoyment of the right when he has been disturbed, or to be restored to the possession or enjoyment thereof when he has been evicted.

Amended by Acts 1981, No. 256, §1; Acts 2023, No. 421, §2.
La. Civ. Code art. 3414 — LA Code / Code civil-code / Article 3414
Loss of ownership of wildlife
Status: in_force

If wild animals, birds, fish, or shellfish recover their natural liberty, the captor loses his ownership unless he takes immediate measures for their pursuit and recapture.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Civ. Code art. 322 — LA Code / Code civil-code / Article 322
Minor's legal mortgage on tutor's property.
Status: in_force

The recording of the certificate of the clerk operates as a legal mortgage in favor of the minor for the amount therein stated, on all the immovable property of the natural tutor in the parish.

Amended by Acts 1960, No. 30, §1, eff. Jan. 1, 1961.
La. Code Civ. Proc. art. 4612 — LA Code / Code code-of-civil-procedure / Article 4612
Finality of partition when rule to reject or opposition unfounded
Status: in_force

When the court finds that a rule to reject the partition, or an opposition to its homologation, is unfounded and that all legal formalities have been observed, it shall homologate the act of partition.
La. Civ. Code art. 2480 — LA Code / Code civil-code / Article 2480
Retention of possession by seller, presumption of simulation
Status: in_force

When the thing sold remains in the corporeal possession of the seller the sale is presumed to be a simulation, and, where the interest of heirs and creditors of the seller is concerned, the parties must show that their contract is not a simulation.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Ch. Code art. 1154 — LA Code / Code childrens-code / Article 1154
Safe haven continued custody hearing; instanter order
Status: in_force

A. Immediately after notification that an infant has been relinquished, the department shall request an oral instanter order of custody from the court in accordance with Article 620 and shall take physical custody of the infant within twelve hours of notice that the infant is ready to be discharged from the hospital. The department shall exercise due diligence in attempting to identify and locate any nonrelinquishing parent, including but not limited to performing a missing children search, which shall include contacting the Missing and Exploited Children Information Clearinghouse, as defined in R.S. 46:1431, for information on missing endangered adults and missing children to determine if the child has been reported missing.

B.(1) A hearing shall be held by the court within three days after the infant's entry into the custody of the department.

(2) No notice to a parent or other caretaker shall be required.

(3) The court shall order the appointment of counsel for the child and may also appoint a CASA volunteer for the child.

(4) Hearsay evidence shall be admissible at this hearing.

C. At this hearing, the department has the burden to prove all of the following:

(1) There are reasonable grounds to believe that the infant has been relinquished to the state for adoption in accordance with this Chapter.

(2) There is no evidence that the infant was abused or neglected prior to his relinquishment.

D. If the court finds that the department has satisfied the requirements of Paragraph C of this Article and that removal of the child is necessary in order to safeguard his welfare, it shall order continued custody of the infant in the department prior to final entry of an order declaring parental rights terminated and enter a finding that the department is deemed to have made reasonable efforts to prevent or eliminate the need for removal and that reunification efforts are not required.

E. If the court determines that the infant was abused or neglected prior to its relinquishment, the court shall direct that a child in need of care investigation be commenced by the department in accordance with Title VI.

Acts 2003, No. 609, §2; Acts 2024, No. 398, §1.
La. Code Civ. Proc. art. 4608 — LA Code / Code code-of-civil-procedure / Article 4608
Controversy before notary effecting partition
Status: in_force

If there should be any controversy between the parties in the course of the proceedings before the notary effecting the partition, he shall record the objections and declarations of the parties in his proces verbal. Unless otherwise ordered by the court, such objections shall not suspend the proceedings before the notary, but any party may present his objections to the court in his opposition to the homologation of the partition.
La. Code Civ. Proc. art. 328 — LA Code / Code code-of-civil-procedure / Article 328
Power of administration of property under seizure
Status: in_force

The sheriff has the power of administration of all property under seizure, regardless of the type of writ or mandate under authority of which the property was seized.

If immovable property is not occupied by an owner and is not under lease, the sheriff may lease it for a term not beyond the date of judicial sale. He cannot lease movable property under seizure unless authorized by the court with the consent of the parties.

The sheriff may, and if the necessary funds therefor are advanced or satisfactory security is furnished him by any interested person shall, continue the operation of any property under seizure, including a business, farm, or plantation. For such purposes, the sheriff may employ a manager and such other employees as he may consider necessary.
La. Civ. Code art. 2762 — LA Code / Code civil-code / Article 2762
Liability of contractor for damages due to badness of workmanship.
Status: in_force

If a building, which an architect or other workman has undertaken to make by the job, should fall to ruin either in whole or in part, on account of the badness of the workmanship, the architect or undertaker shall bear the loss if the building falls to ruin in the course of ten years, if it be a stone or brick building, and of five years if it be built in wood or with frames filled with bricks.
La. Code Civ. Proc. art. 1456 — LA Code / Code code-of-civil-procedure / Article 1456
Objection as to completion and return of deposition
Status: in_force

Errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared, signed, certified, sealed, endorsed, transmitted, filed, or otherwise dealt with by the officer under Articles 1437 through 1449 are waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is, or with due diligence might have been, ascertained.

Acts 1976, No. 574, §1.
La. Code Crim. Proc. art. 24 — LA Code / Code code-of-criminal-procedure / Article 24
Procedure for punishing constructive contempt
Status: in_force

A. When a person is charged with committing a constructive contempt, he shall be tried by the judge on a rule to show cause alleging the facts constituting the contempt. The rule may be issued by the court on its own motion or on motion of the district attorney.

B. A certified copy of the motion and of the rule shall be served on the person charged in the manner of a subpoena not less than forty-eight hours prior to the time assigned for trial of the rule.

C. A person charged with committing a constructive contempt of a court of appeal may be found guilty thereof and punished therefor after receiving a notice to show cause, by brief, to be filed not less than forty-eight hours from the date the person receives such notice, why he should not be found guilty of contempt and punished accordingly. Such notice may be sent by certified or registered mail or may be served by the sheriff. The person so charged shall be granted an oral hearing on the charge if he submits a written request to the clerk of the appellate court within forty-eight hours after receiving notice of the charge.

D. If the person charged with contempt is found guilty, the court shall render an order reciting the facts constituting the contempt, adjudging the person charged with the contempt guilty thereof, and specifying the punishment imposed.

Amended by Acts 1984, No. 530, §1.
La. Civ. Code art. 809 — LA Code / Code civil-code / Article 809
Judicial and extrajudicial partition
Status: in_force

The mode of partition may be determined by agreement of all the co-owners. In the absence of such an agreement, a co-owner may demand judicial partition.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.
La. Civ. Code art. 2548 — LA Code / Code civil-code / Article 2548
Exclusion or limitation of warranty; subrogation
Status: in_force

The parties may agree to an exclusion or limitation of the warranty against redhibitory defects. The terms of the exclusion or limitation must be clear and unambiguous and must be brought to the attention of the buyer.

A buyer is not bound by an otherwise effective exclusion or limitation of the warranty when the seller has declared that the thing has a quality that he knew it did not have.

The buyer is subrogated to the rights in warranty of the seller against other persons, even when the warranty is excluded.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 493.1 — LA Code / Code civil-code / Article 493.1
Ownership of component parts
Status: in_force

Things incorporated in or attached to an immovable so as to become its component parts under Articles 465 and 466 belong to the owner of the immovable.

Acts 1984, No. 933, §1.
La. Civ. Code art. 3011 — LA Code / Code civil-code / Article 3011
Advantageous performance despite divergence from authority
Status: in_force

The mandatary acts within the limits of his authority even when he fulfills his duties in a manner more advantageous to the principal than was authorized.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
La. Code Civ. Proc. art. 4202 — LA Code / Code code-of-civil-procedure / Article 4202
General duties of undertutor
Status: in_force

The undertutor shall express his concurrence or nonconcurrence in action suggested by the tutor to the court, as set forth in Article 4271, and shall act for the minor whenever the minor's interest is opposed to that of the tutor.