FrankGoortani/open-us-law huggingface dataset:
La. Ch. Code art. 955 — LA Code / Code childrens-code / Article 955
Traffic violations; referral to juvenile traffic referee
Status: in_force

The court may, by local rule, refer cases of traffic violations to a juvenile traffic referee for adjudication and disposition.

Acts 1991, No. 235, §9, eff. Jan. 1, 1992.
La. Civ. Code art. 1791 — LA Code / Code civil-code / Article 1791
Extinction of obligation by performance
Status: in_force

Before a solidary obligee brings action for performance, the obligor may extinguish the obligation by rendering performance to any of the solidary obligees.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Ch. Code art. 333 — LA Code / Code childrens-code / Article 333
Perfecting the appeal
Status: in_force

A. An appeal is taken by obtaining an order therefor from the court which rendered the judgment.

B. An order of appeal may be granted on oral motion in open court, on written motion, or on petition. The order shall show the return day of the appeal in the appellate court.

C. When the order is granted, the clerk of court shall mail a notice of appeal to counsel of record for all parties represented by counsel, and to parties not represented by counsel. Upon request, notice shall be mailed to counsel for the party seeking the appeal.

Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 2823 — LA Code / Code code-of-civil-procedure / Article 2823
Additional evidence
Status: in_force

In any case in which evidence by affidavit is permitted under Article 2821, the court may require further evidence of any fact sworn to therein by the introduction of evidence as in ordinary cases.
La. Code Civ. Proc. art. 4654 — LA Code / Code code-of-civil-procedure / Article 4654
Petition
Status: in_force

The petition in a concursus proceeding shall comply with Article 891, shall allege the nature of the competing or conflicting claims, and shall include a prayer that all of the persons having such claims be required to assert their respective claims contradictorily against all other parties to the proceeding.
La. Civ. Code art. 3319 — LA Code / Code civil-code / Article 3319
Methods of extinction
Status: in_force

A mortgage is extinguished:

(1) By the extinction or destruction of the thing mortgaged.

(2) By confusion as a result of the obligee's acquiring ownership of the thing mortgaged.

(3) By prescription of all the obligations that the mortgage secures.

(4) By discharge through execution or other judicial proceeding in accordance with the law.

(5) By consent of the mortgagee.

(6) By termination of the mortgage in the manner provided by Paragraph D of Article 3298.

(7) When all the obligations, present and future, for which the mortgage is established have been incurred and extinguished.

Acts 1992, No. 1132, §2, eff. Jan. 1, 1993; Acts 1995, No. 1087, §1.
La. Civ. Code art. 252 — LA Code / Code civil-code / Article 252
Unborn and posthumous children.
Status: in_force

If a wife happens to be pregnant at the time of the death of her husband, no tutor shall be appointed to the child till after his birth; but, if it should be necessary, the judge may appoint a curator for the preservation of the rights of the unborn child, and for the administration of the estate which may belong to such child. At the birth of the posthumous child, such curator shall be of right the undertutor.
La. Civ. Code art. 1931 — LA Code / Code civil-code / Article 1931
Expiration of revocable offer
Status: in_force

A revocable offer expires if not accepted within a reasonable time.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Evid. art. 308 — LA Code / Code code-of-evidence / Article 308
Effect of the term "prima facie" in legislation
Status: in_force

A. Legislation providing that a document or other evidence is prima facie evidence or proof of all or part of its contents or of another fact establishes a presumption under this Chapter. When, however, the content, context, or history of the legislation indicates an intention not to shift the burden of persuasion, such legislation establishes only an inference and in a jury case, the court on request shall instruct the jury that if it finds the existence of the predicate fact it may but need not find the inferred fact.

B. Other uses of the term "prima facie", such as those that merely provide for the admissibility of specified evidence, do not create presumptions or inferences and are not regulated by this Chapter.

Acts 1997, No. 577, §1.
La. Civ. Code art. 762 — LA Code / Code civil-code / Article 762
Use by co-owner.
Status: in_force

If the dominant estate is owned in indivision, the use that a co-owner makes of the servitude prevents the running of prescription as to all.

If the dominant estate is partitioned, the use of the servitude by each owner preserves it for his estate only.

Acts 1977, No. 514, §1.
La. Ch. Code art. 782 — LA Code / Code childrens-code / Article 782
Judgment of disposition
Status: in_force

A. The court shall enter into the record a written judgment of disposition specifying the following:

(1) The nature of the disposition, including the responsibilities of the child, his caretakers, and public providers in securing or providing needed, particularized services for the family members.

(2) The maximum duration of the disposition.

(3) The agency, institution, or person to whom the child is assigned.

(4) How the needed services are to be paid for.

(5) Any other applicable terms and conditions regarding the disposition.

(6) A warning in substantially the following form: "If you do not obey each and every condition and rule of this order, you may be placed in a juvenile shelter or detention facility."

(7) The nature of Families in Need of Services proceedings in accordance with Article 792 and the confidentiality of Families in Need of Services records in accordance with Article 793.

B. If the child is to remain within his family's home, the order shall also reflect the name of the representative of any institution or agency required to provide services who is to be held personally responsible for their provision.

C. An extract of minutes of court specifying the information in Paragraph A of this Article and signed by the court shall be considered a written judgment of disposition.

D. The date of entry of the judgment of disposition shall be recorded on the judgment.

E. A copy of the judgment shall be furnished to all parties.

Acts 1991, No. 235, §7; Acts 1995, No. 1095, §3; Acts 2017, No. 362, §1.
La. Code Crim. Proc. art. 671 — LA Code / Code code-of-criminal-procedure / Article 671
Grounds for recusal of judge
Status: in_force

A. In a criminal cause, a judge of any trial or appellate court shall be recused upon any of the following grounds:

(1) The judge is biased, prejudiced, or personally interested in the cause to such an extent that the judge would be unable to conduct a fair and impartial trial.

(2) The judge is the spouse of the accused, of the party injured, of an attorney employed in the cause, or of the district attorney; or is related to the accused or the party injured, or to the spouse of the accused or party injured, within the fourth degree; or is related to an attorney employed in the cause or to the district attorney, or to the spouse of either, within the second degree.

(3) The judge has been employed or consulted as an attorney in the cause, or has been associated with an attorney during the latter's employment in the cause.

(4) The judge is a witness in the cause.

(5) The judge performed a judicial act in the cause in another court.

(6) The judge would be unable, for any other reason, to conduct a fair and impartial trial.

B. In a criminal cause, a judge of any trial or appellate court shall also be recused when there exists a substantial and objective basis that would reasonably be expected to prevent the judge from conducting any aspect of the cause in a fair and impartial manner.

C. In any cause in which the state or a political subdivision thereof is interested, the fact that the judge is a citizen of the state or a resident of the political subdivision, or pays taxes thereto, is not a ground for recusal. In any cause in which a religious body or religious corporation is interested, the fact that a judge is a member of the religious body or religious corporation is not alone a ground for recusal.

Acts 1988, No. 515, §3, eff. Jan. 1, 1989; Acts 2022, No. 42, §1.

{{NOTE: SEE ACTS 1988, NO. 515, §12.}}
La. Civ. Code art. 2680 — LA Code / Code civil-code / Article 2680
Duration supplied by law; legal term
Status: in_force

If the parties have not agreed on the duration of the term, the duration is estab­lished in accordance with the following rules:

(1) An agricultural lease shall be from year to year.

(2) Any other lease of an immovable, or a lease of a movable to be used as a residence, shall be from month to month.

(3) A lease of other movables shall be from day to day, unless the rent was fixed by longer or shorter periods, in which case the term shall be one such period, not to exceed one month.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Civ. Code art. 888 — LA Code / Code civil-code / Article 888
Succession rights of descendants
Status: in_force

Descendants succeed to the property of their ascendants. They take in equal portions and by heads if they are in the same degree. They take by roots if all or some of them succeed by representation.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.
La. Civ. Code art. 747 — LA Code / Code civil-code / Article 747
Division of dominant estate.
Status: in_force

If the dominant estate is divided, the servitude remains due to each part, provided that no additional burden is imposed on the servient estate. Thus, in case of a right of passage, all the owners are bound to exercise that right through the same place.

Acts 1977, No. 514, §1.
La. Ch. Code art. 1470 — LA Code / Code childrens-code / Article 1470
Admission by parent
Status: in_force

A. A minor suffering from substance abuse may be admitted and detained at a public or private general hospital or a substance abuse inpatient facility for observation, diagnosis, and treatment for a period not to exceed twenty-eight days, when a parent has admitted the person or caused him to be admitted pursuant to the provisions of Chapter 8 of this Title.

B. At the time of admission, the parent shall execute or provide a written statement of facts, including personal observations, leading to the conclusion that the minor is suffering from substance abuse and is dangerous to himself or others or is gravely disabled, specifically describing any dangerous acts or threats, and stating that the minor has been encouraged to seek treatment but is unwilling to be evaluated on a voluntary basis.

C. As soon as practicable, but in no event more than eight hours after admission to the hospital or inpatient facility, a physician shall examine the minor and either execute an emergency certificate in accordance with Article 1422 or order the minor discharged. If an emergency certificate is executed, the physician or the director of the hospital or inpatient facility shall immediately notify the coroner and the coroner or his deputy shall conduct an independent examination in accordance with Article 1423. If the coroner or his deputy executes a second emergency certificate, the minor patient may be detained for treatment for a period not to exceed twenty-eight days from the date of his admission. Otherwise, he shall be discharged.

D. Except as inconsistent with the provisions of this Article, all other provisions of this Title applicable to persons admitted by emergency certificate shall be applicable.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
La. Civ. Code art. 2298 — LA Code / Code civil-code / Article 2298
Enrichment without cause; compensation
Status: in_force

A person who has been enriched without cause at the expense of another person is bound to compensate that person. The term "without cause" is used in this context to exclude cases in which the enrichment results from a valid juridical act or the law. The remedy declared here is subsidiary and shall not be available if the law provides another remedy for the impoverishment or declares a contrary rule.

The amount of compensation due is measured by the extent to which one has been enriched or the other has been impoverished, whichever is less.

The extent of the enrichment or impoverishment is measured as of the time the suit is brought or, according to the circumstances, as of the time the judgment is rendered.

Acts 1995, No. 1041, §1, eff. Jan. 1, 1996.
La. Civ. Code art. 779 — LA Code / Code civil-code / Article 779
Injunctive relief.
Status: in_force

Building restrictions may be enforced by mandatory and prohibitory injunctions without regard to the limitations of Article 3601 of the Code of Civil Procedure.

Acts 1977, No. 170, §1.
La. Code Civ. Proc. art. 735 — LA Code / Code code-of-civil-procedure / Article 735
Marital community
Status: in_force

Either spouse is the proper defendant, during the existence of the marital community, in an action to enforce an obligation against community property; however, if one spouse is the managing spouse with respect to the obligation sought to be enforced against the community property, then that spouse is the proper defendant in an action to enforce the obligation.

When doubt exists whether the obligation sought to be enforced is a community obligation or the separate obligation of the defendant spouse, that spouse may be sued in the alternative.

When only one spouse is sued to enforce an obligation against community property, the other spouse is a necessary party. Where the failure to join the other spouse may result in an injustice to that spouse, the trial court may order the joinder of that spouse on its own motion.

Amended by Acts 1979, No. 711, §3, eff. Jan. 1, 1980.
La. Code Civ. Proc. art. 3396.14 — LA Code / Code code-of-civil-procedure / Article 3396.14
Security of independent administrator
Status: in_force

Except where the testament provides otherwise, an independent administrator shall not be required to provide security for the administration of the estate. If an interested person, such as an heir, legatee, or creditor of the estate requests security, then upon application by such party, and after a contradictory hearing, the court may order the independent administrator to furnish security as the court determines to be adequate.

Acts 2001, No. 974, §1.
La. Code Civ. Proc. art. 374 — LA Code / Code code-of-civil-procedure / Article 374
Legal representative
Status: in_force

A legal representative appointed or confirmed by a court is an officer of this court from the time of his qualification for the office until his discharge.
La. Civ. Code art. 1356 — LA Code / Code civil-code / Article 1356
Composition of active mass.
Status: in_force

This active mass shall be composed:

1. Of all the movables and immovables of the succession, which have not been sold, mention being made of their value, as stated in the inventory of the effects of the succession, or in the new appraisement which may have been made by experts appointed by the judge;

2. Of the price of the movables and immovables, which have been sold to effect the partition;

3. Of all the objects collated by the heirs, whether in kind or by taking less, in proportion to the appraised value given to them by the experts appointed by the judge;

4. Of all the sums, which the heirs may owe to the succession, according to the settled account;

5. Of all the debts due to the succession by other persons.
La. Civ. Code art. 1360 — LA Code / Code civil-code / Article 1360
Deductions in absence of collation or when collation is in kind.
Status: in_force

When the collations * have been made in kind, or when there is none to be made, the deductions are taken ** from the active mass of the succession, and the balance remaining forms the mass to be divided.

* English translation of French text incomplete; should include "if any are due."

** English translation of French text incomplete; should include "purely and simply."
La. Code Civ. Proc. art. 4275 — LA Code / Code code-of-civil-procedure / Article 4275
Donations to or by minor
Status: in_force

The tutor may accept donations made to the minor, but he cannot make donations of any property of the minor.
La. Code Civ. Proc. art. 1113 — LA Code / Code code-of-civil-procedure / Article 1113
Effect of failure to bring in third party
Status: in_force

A defendant who does not bring in as a third party defendant a person who is liable to him for all or part of the principal demand does not on that account lose his right or cause of action against such person, unless the latter proves that he had means of defeating the action which were not used, because the defendant either failed to bring him in as a third party defendant, or neglected to apprise him that the suit had been brought. The same rule obtains with respect to a defendant in reconvention who fails to bring in as a third party defendant a person who is liable to him for all or part of the reconventional demand.
La. Ch. Code art. 1107.3 — LA Code / Code childrens-code / Article 1107.3
Intent to surrender for adoption; capacity; legal counseling, affidavit; effect on parental rights
Status: in_force

A. A pregnant female or mother of a child may execute an act of intent to surrender for adoption if she meets the requirements for capacity to execute an act of surrender as set forth in Articles 1111 through 1114.

B. In all private adoptions, she must receive legal counseling in accordance with Article 1121(A). Her counsel shall execute an affidavit of counsel, which shall be attached to the intent to surrender for adoption and comply with the requirements of Article 1121(C).

C. Execution of an intent to surrender for adoption shall have no effect upon the parental rights of the pregnant female or mother of a child or of the legal father.

Acts 2003, No. 564, §1.
La. Civ. Code art. 1531 — LA Code / Code civil-code / Article 1531
Donation conditional on payment of future or unexpressed debts and charges; nullity
Status: in_force

A donation is also null if it is burdened with an obligation imposed on the donee to pay debts and charges other than those that exist at the time of the donation, unless the debts and charges are expressed in the act of donation.

Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
La. Code Civ. Proc. art. 1920 — LA Code / Code code-of-civil-procedure / Article 1920
Costs; parties liable; procedure for taxing
Status: in_force

Unless the judgment provides otherwise, costs shall be paid by the party cast, and may be taxed by a rule to show cause.

Except as otherwise provided by law, the court may render judgment for costs, or any part thereof, against any party, as it may consider equitable.
La. Civ. Code art. 1406 — LA Code / Code civil-code / Article 1406
Sale to coheir of immovable rights only, rescission for lesion.
Status: in_force

In order that the purchaser be not liable to this action, it is besides necessary that the vendor should have ceded to him all his successive rights, that is, all the rights he had in the succession. If he has only sold his part in the immovables to be divided, this sale shall be subject to rescission for lesion beyond a fourth.
La. Code Civ. Proc. art. 4102 — LA Code / Code code-of-civil-procedure / Article 4102
Procedure for inventory; proces verbal; return
Status: in_force

In so far as applicable, Articles 3131 through 3134 shall govern the procedure for the taking of the inventory, proces verbal, and the return and effect of the proces verbal.
La. Ch. Code art. 1427 — LA Code / Code childrens-code / Article 1427
Authority to transport and detain
Status: in_force

A. An emergency certificate shall constitute legal authority to transport a patient to a treatment facility and shall permit the director of such treatment facility to detain the minor patient for diagnosis and treatment for a period not to exceed fifteen days, and to return him to the facility if he is absent with or without permission during authorized periods of detention.

B. If necessary, peace officers shall apprehend and transport, or ambulance services, under appropriate circumstances, may locate and transport a minor patient on whom an emergency certificate has been completed to a treatment facility at the request of either the director of the facility, the certifying physician, the minor's next of kin or tutor, or the agency legally responsible for his welfare.

C.(1) In addition to other persons authorized by this Article to transport to a treatment facility a child in whose name an emergency certificate has been issued, any of the following persons may also accompany the child during such transportation:

(a) A parent, including a foster parent, subject to the conditions of Subparagraph (2) of this Paragraph.

(b) A legal guardian.

(c) A Department of Children and Family Services case worker.

(2) A biological parent of a child in foster care shall accompany the child only if approved by the Department of Children and Family Services.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2016, No. 642, §1.
La. Ch. Code art. 811 — LA Code / Code childrens-code / Article 811
When jeopardy begins
Status: in_force

When a child enters a denial to the petition, jeopardy begins when the first witness is sworn at the adjudication hearing. When he enters an admission to the petition, jeopardy begins when a valid disposition is made the judgment of the court.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Civ. Code art. 3266 — LA Code / Code civil-code / Article 3266
Immovables liable when movables insufficient.
Status: in_force

If the movables of the debtor, by reason of the special privileges affecting them or for any other cause, are not sufficient to discharge the debts having a privilege on the whole movable property, the balance must be raised on the immovables of the debtor, as hereafter provided.
La. Ch. Code art. 542 — LA Code / Code childrens-code / Article 542
Definitions
Status: in_force

For the purposes of this Chapter, "juvenile justice system" means the system of public and private services in Louisiana that includes prevention, early identification, early intervention, child protection, law enforcement, prosecution, defense, adjudication, diversion and informal processing, probation, corrections, aftercare, transitional living, and other services provided to children and families who either are or are likely to be brought into a court with juvenile jurisdiction because of problems such as abuse, neglect or abandonment, mental illness, substance abuse, aspects of a divorce and breakup of families, pre-delinquency, social irresponsibility or delinquent behavior, or spousal abuse involving children.

Acts 2005, No. 119, §1, eff. Jan. 1, 2006.
La. Ch. Code art. 1403 — LA Code / Code childrens-code / Article 1403
General applicability
Status: in_force

Except as otherwise specified in this Title, all provisions of the Children's Code remain applicable.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
La. Civ. Code art. 2807 — LA Code / Code civil-code / Article 2807
Decisions affecting the partnership.
Status: in_force

Unless otherwise agreed, unanimity is required to amend the partnership agreement, to admit new partners, to terminate the partnership, or to permit a partner to withdraw without just cause if the partnership has been constituted for a term.

Decisions affecting the management or operation of a partnership must be made by a majority of the partners, but the parties may stipulate otherwise.

Acts 1980, No. 150, §1.
La. Code Civ. Proc. art. 3082 — LA Code / Code code-of-civil-procedure / Article 3082
Order of confirmation; letters
Status: in_force

Unless the person named in the testament as executor is disqualified on any of the grounds assigned in Article 3097, the court shall render an order upon his petition for confirmation, confirming him as testamentary executor and directing the issuance of letters testamentary to him after he has taken his oath of office and furnished security, if required.