FrankGoortani/open-us-law huggingface dataset:
La. Civ. Code art. 3160 — LA Code / Code civil-code / Article 3160
Pledge of obligation of a third person
Status: in_force

If the thing pledged is an obligation of a third person, the pledgee is entitled to enforce performance of the third person's obligation when it becomes due and to retain as security any payment or other thing received from the third person. The pledgee may apply any money collected to the secured obligation, even if not yet due. He must account to the pledgor for any payment or other thing remaining after the secured obligation has been satisfied.

Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
La. Code Crim. Proc. art. 680 — LA Code / Code code-of-criminal-procedure / Article 680
Grounds for recusation of district attorney
Status: in_force

A district attorney shall be recused when he:

(1) Has a personal interest in the cause or grand jury proceeding which is in conflict with fair and impartial administration of justice;

(2) Is related to the party accused or to the party injured, or to the spouse of the accused or party injured, or to a party who is a focus of a grand jury investigation, to such an extent that it may appreciably influence him in the performance of the duties of his office; or

(3) Has been employed or consulted in the case as attorney for the defendant before his election or appointment as district attorney.

Amended by Acts 1980, No. 195, §1, eff. July 8, 1980.
La. Civ. Code art. 3260 — LA Code / Code civil-code / Article 3260
Ranking between privileges of lessor and depositor.
Status: in_force

If, among the movables with which the house or farm, or any other thing subject to the lessor's privilege, is provided, there should be some which were deposited by a third person in the hands of the lessor* or farmer, the lessor shall have a preference over the depositary** on the things deposited for the payment of his rent, if there are no other movables subject to his privilege, or if they are not sufficient; unless it be proved that the lessor knew that the things deposited did not belong to his tenant or farmer.

Amended by Acts 1871, No. 87.

*Note error in English translation of French text; "lessor" should be "lessee."

**Note error in English translation of French text; "depositary" should be "depositor."
La. Civ. Code art. 1927 — LA Code / Code civil-code / Article 1927
Consent
Status: in_force

A contract is formed by the consent of the parties established through offer and acceptance.

Unless the law prescribes a certain formality for the intended contract, offer and acceptance may be made orally, in writing, or by action or inaction that under the circumstances is clearly indicative of consent.

Unless otherwise specified in the offer, there need not be conformity between the manner in which the offer is made and the manner in which the acceptance is made.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Crim. Proc. art. 729.1 — LA Code / Code code-of-criminal-procedure / Article 729.1
Court's disposition of motion for discovery; vacation or restriction of order
Status: in_force

A. A motion for discovery shall not be denied without a contradictory hearing unless it appears on the face of the motion that, as a matter of law, the moving party is not entitled to the relief sought.

B. Upon a sufficient showing by either party, the court may at any time vacate, restrict or defer an order for discovery, or make such other order as is appropriate.

Added by Acts 1977, No. 515, §1.
La. Civ. Code art. 3494 — LA Code / Code civil-code / Article 3494
Actions subject to a three-year prescription
Status: in_force

The following actions are subject to a liberative prescription of three years:

(1) An action for the recovery of compensation for services rendered, including payment of salaries, wages, commissions, professional fees, fees and emoluments of public officials, freight, passage, money, lodging, and board;

(2) An action for arrearages of rent and annuities;

(3) An action on money lent;

(4) An action on an open account; and

(5) An action to recover underpayments or overpayments of royalties from the production of minerals, provided that nothing herein applies to any payments, rent, or royalties derived from state-owned properties.

Acts 1986, No. 1031, §1; Acts 2018, No. 471, §1.
La. Code Crim. Proc. art. 495.1 — LA Code / Code code-of-criminal-procedure / Article 495.1
Severance of offenses
Status: in_force

If it appears that a defendant or the state is prejudiced by a joinder of offenses in an indictment or bill of information or by such joinder for trial together, the court may order separate trials, grant a severance of offenses, or provide whatever other relief justice requires.

Added by Acts 1975, No. 528, §3. Amended by Acts 1978, No. 466, §1.
La. Code Crim. Proc. art. 890 — LA Code / Code code-of-criminal-procedure / Article 890
Method of service of sentence of imprisonment; labor and confinement; workday release program
Status: in_force

A. A sentence of imprisonment in the state penitentiary shall be served in conformity with the applicable provisions of Title 15 of the Louisiana Revised Statutes of 1950 that govern the state penitentiary.

B. Except in misdemeanor cases, any other sentence of imprisonment subjects the defendant to confinement, and to labor unless otherwise specified.

C. In all misdemeanor cases in which a sentence of imprisonment is imposed and the sentencing court has ordered the defendant to report to the sheriff for participation in a court-approved workday release program during the term of imprisonment, the defendant shall be subjected to confinement and costs as provided for in R.S. 15:708.

Acts 1986, No. 704, §1.
La. Civ. Code art. 3008 — LA Code / Code civil-code / Article 3008
Liability for acts beyond authority; ratification
Status: in_force

If the mandatary exceeds his authority, he is answerable to the principal for resulting loss that the principal sustains.

The principal is not answerable to the mandatary for loss that the mandatary sustains because of acts that exceed his authority unless the principal ratifies those acts.

Acts 1997, No. 261, § 1, eff. Jan. 1, 1998.
La. Ch. Code art. 1510 — LA Code / Code childrens-code / Article 1510
Purpose
Status: in_force

The purpose of this Chapter is to protect the health and welfare of children by providing, in addition to any other provisions of law, for juvenile court procedure to govern a voluntary transfer of custody of a child by parents to other responsible adults for the purpose of enabling the child to receive adequate care and treatment. The provisions of this Chapter are intended to promote mutual understanding of the rights and responsibilities of the parents and custodians and of any terms or conditions which may be set forth by agreement of the parties.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
La. Civ. Code art. 338 — LA Code / Code civil-code / Article 338
Interest.
Status: in_force

The sum which appears to be due by the tutor as the balance of his accounts, bears interest, without a judicial demand, from the day on which the accounts were closed.

The same rule applies to the balance due to the tutor.

Acts 1966, No. 496, §1.
La. Code Civ. Proc. art. 8 — LA Code / Code code-of-civil-procedure / Article 8
Jurisdiction over property; in rem
Status: in_force

A court which is otherwise competent under the laws of this state has jurisdiction to enforce a right in, to, or against property having a situs in this state, claimed or owned by a nonresident.

Acts 1995, No. 1104, §1.
La. Civ. Code art. 2304 — LA Code / Code civil-code / Article 2304
Restoration of a thing or its value
Status: in_force

When the thing not owed is an immovable or a corporeal movable, the person who received it is bound to restore the thing itself, if it exists.

If the thing has been destroyed, damaged, or cannot be returned, a person who received the thing in good faith is bound to restore its value if the loss was caused by his fault. A person who received the thing in bad faith is bound to restore its value even if the loss was not caused by his fault.

Acts 1995, No. 1041, §1, eff. Jan. 1, 1996.
La. Civ. Code art. 2365 — LA Code / Code civil-code / Article 2365
Satisfaction of community obligation with separate property
Status: in_force

If separate property of a spouse has been used either during the existence of the community property regime or thereafter to satisfy a community obligation, that spouse is entitled to reimbursement for one-half of the amount or value that the property had at the time it was used.

If the community obligation was incurred to acquire ownership or use of a community corporeal movable required by law to be registered, and separate property of a spouse has been used after termination to satisfy that obligation, the reimbursement claim shall be reduced in proportion to the value of the claimant's use after termination of the community property regime. The value of that use and the amount of the claim for reimbursement accrued during the use are presumed to be equal.

The liability of a spouse who owes reimbursement is limited to the value of his share of all community property after deduction of all community obligations. Nevertheless, if the community obligation was incurred for the ordinary and customary expenses of the marriage, or for the support, maintenance, or education of children of either spouse in keeping with the economic condition of the spouses, the spouse is entitled to reimbursement from the other spouse regardless of the value of that spouse's share of all community property.

Acts 1979, No. 709, §1; Acts 1990, No. 991, §1; Acts 2009, No. 204, §1.
La. Code Crim. Proc. art. 999.1 — LA Code / Code code-of-criminal-procedure / Article 999.1
Order form to be used; expedited expungement
Status: in_force

JUDICIAL DISTRICT FOR THE PARISH OF

______________________________

No.: _____________Division: "_______"

State of Louisiana

vs.

_______________________________________________________

ORDER OF EXPUNGEMENT UNDER

CODE OF CRIMINAL PROCEDURE ARTICLE 999

Pursuant to Code of Criminal Procedure Article 999, wherein all of the following applies,

(1) The defendant was seventeen years of age when the defendant was arrested or charged with any criminal offense as provided in Title 14 or 40 of the Louisiana Revised Statutes of 1950.

(2) The district attorney, for any reason, declined to prosecute all offenses arising out of that arrest, including the reason that the person successfully completed a pretrial diversion program.

(3) Prosecution was instituted and such proceedings have been finally disposed of by dismissal, sustaining of a motion to quash, or acquittal.

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the following charges and arrest on the dates provided herein be expunged.

THUS ORDERED AND SIGNED, ADJUDGED, AND DECREED this ____ day of ___________, 20 ____ at ______________, Louisiana, ___________________________.

___________________________

JUDGE

DEFENDANT INFORMATION:

NAME:________________________________________________

First Middle Last

DATE OF BIRTH:_____________

GENDER:_____________

SS#___________________________

RACE___________________________

DRIVER'S LICENSE#___________________

ARRESTING AGENCY___________________

SID#___________________

ARREST NUMBER (ATN)___________________

AGENCY ITEM NO:________________________

PLEASE SERVE:

1. District Attorney:________________________________________________

2. Arresting Agency:_______________________________________________

3. Parish Sheriff:_______________________________________

4. Louisiana Bureau of Criminal Identification and Information _____________________________

5. Attorney for Defendant (or defendant)____________________________

6. Clerk of Court ____________________________

Acts 2024, No. 270, §1.
La. Code Crim. Proc. art. 403 — LA Code / Code code-of-criminal-procedure / Article 403
Exemption from jury service
Status: in_force

Exemptions from jury service shall be as provided by rules of the Louisiana Supreme Court pursuant to Section 33(B) of Article V of the Louisiana Constitution of 1974.

Amended by Acts 1968, No. 108, §1; Acts 1970, No. 450, §1; Acts 1972, No. 35, §1; Acts 1972, No. 282, §1; Acts 1972, No. 523, §1; Acts 1974, Ex.Sess. No. 22, §1, eff. Jan. 1, 1975.
La. Ch. Code art. 954 — LA Code / Code childrens-code / Article 954
Traffic violations adjudicated on citation; petition not required
Status: in_force

In cases of traffic violations, a petition is not required. The child may be summoned to appear and the case may be instituted with a uniform traffic citation. The citation shall describe in general terms the nature of the violation. The citation or summons may direct the child to bring a parent with him when he appears.

Acts 1991, No. 235, §9, eff. Jan. 1, 1992.
La. Code Crim. Proc. art. 356 — LA Code / Code code-of-criminal-procedure / Article 356
Method of service
Status: in_force

Service of the writ may be made on any day by:

(1) Delivering it to the person to whom it is addressed;

(2) Informing him of its contents if he refuses to receive it; or

(3) Attaching the writ to an entrance door of the residence of the person to be served or of the place of custody if such person conceals himself or cannot be found or refuses admittance to the person attempting service.

A writ of habeas corpus, although addressed to a particular person, may be served in the manner provided by this article upon any person who has custody of the person whose release is sought.
La. Code Crim. Proc. art. 720 — LA Code / Code code-of-criminal-procedure / Article 720
Evidence of other crimes
Status: in_force

Upon written motion of defendant, the court shall order the district attorney to inform the defendant of the state's intent to offer evidence of the commission of any other crime admissible under the authority of Code of Evidence Articles 404 and 412.2. However, that order shall not require the district attorney to inform the defendant of the state's intent to offer evidence of offenses which relates to conduct that constitutes an integral part of the act or transaction that is the subject of the present proceeding or other crimes for which the accused was previously convicted.

Added by Acts 1977, No. 515, §1. Acts 1988, No. 515, §3, eff. Jan. 1, 1989; Acts 2013, No. 250, §1.

NOTE: See Acts 2013, No. 250, §2, relative to applicability.
La. Ch. Code art. 708 — LA Code / Code childrens-code / Article 708
Presence at permanency hearing
Status: in_force

A. All parties, foster parents, adoptive parents, and relatives providing care for the child, authorized officers of the court as designated by the judge, agency representatives as designated by the state, court-appointed special advocate (CASA) volunteer, the witness under examination, and the judge or administrative review body may be present at a permanency hearing. The court or administrative review body shall not admit any other person unless the court has determined that the person has a proper interest in or is necessary to the proceedings.

B. On its own motion or the motion of any party, the court or administrative review body may order that witnesses, other than parties, be excluded from the courtroom and refrain from discussing the facts of the case with anyone other than counsel in the case. On its own motion the court or administrative review body may, and on the request of a party the court shall, order that the witnesses, other than parties, be excluded from the courtroom or from a place where they can see or hear the proceedings, and refrain from discussing the facts of the case with anyone other than counsel in the case. In the interest of justice, the court may exempt any witness from its order.

C. Prior to the commencement of the hearing, the court shall determine whether it is in the child's best interest for the child to remain in the courtroom during the testimony of the witnesses.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2006, No. 764, §1.
La. Civ. Code art. 10 — LA Code / Code civil-code / Article 10
Language susceptible of different meanings
Status: in_force

When the language of the law is susceptible of different meanings, it must be interpreted as having the meaning that best conforms to the purpose of the law.

Acts 1987, No. 124, §1, eff. Jan. 1, 1988.
La. Code Crim. Proc. art. 228.3 — LA Code / Code code-of-criminal-procedure / Article 228.3
Disposal of unclaimed property seized in any criminal investigation; Orleans Parish excepted
Status: in_force

Any unclaimed property seized in connection with any criminal investigation under the jurisdiction of any sheriff, Orleans excepted, shall, if it remains unclaimed for more than one year after its use or from the time it was last used in connection with any criminal proceeding, be disposed of in the following manner:

(1) After the lapse of one year any sheriff may petition the court having proper jurisdiction for the disposal of said property in any lawful manner.

(2) Before any sheriff petitions said court he shall cause an advertisement of his intention to seek approval of the court to be placed in the newspaper designated as the official journal of the parish one time at least ten days prior to filing of his petition, and shall mail a copy of the advertisement to the last known owner at his last known address, postage prepaid. In the petition for disposal the sheriff shall set forth a brief description of the items to be disposed of, the court in which the proceedings will be filed, the title of the proceedings, and method or methods of intended disposal.

(3) The petition of the sheriff shall make specific recommendations as to the method of disposal for each item of unclaimed property and pray for the court to order its disposal.

(4) The court shall order the property disposed of in the manner contained in the sheriff's petition or order the disposal of the property in any legal manner within the sole discretion of the court.

(5) The costs of the proceedings to dispose of unclaimed property shall be derived from the disposal of the property as provided under this Article.

(6) Any funds remaining after payment of the cost of the proceedings to dispose of unclaimed property shall be deposited in the sheriff's salary fund.

Added by Acts 1975, No. 545, §1.
La. Ch. Code art. 107 — LA Code / Code childrens-code / Article 107
Mandatory and permissive language
Status: in_force

The word "shall" is mandatory, and the word "may" is permissive.

Acts 1991, No. 235, §1, eff. Jan. 1, 1992.
La. Civ. Code art. 1871 — LA Code / Code civil-code / Article 1871
Deposit of things by obligor
Status: in_force

After the tender has been refused, the obligor may deposit the thing or the sum of money to the order of the court in a place designated by the court for that purpose, and may demand judgment declaring the performance valid.

If the deposit is accepted by the obligee, or if the court declares the performance valid, all expenses of the deposit must be borne by the obligee.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 518 — LA Code / Code civil-code / Article 518
Voluntary transfer of the ownership of a movable
Status: in_force

The ownership of a movable is voluntarily transferred by a contract between the owner and the transferee that purports to transfer the ownership of the movable. Unless otherwise provided, the transfer of ownership takes place as between the parties by the effect of the agreement and against third persons when the possession of the movable is delivered to the transferee.

When possession has not been delivered, a subsequent transferee to whom possession is delivered acquires ownership provided he is in good faith. Creditors of the transferor may seize the movable while it is still in his possession.

Acts 1984, No. 331, §2, eff. Jan. 1, 1985.
La. Ch. Code art. 922 — LA Code / Code childrens-code / Article 922
Expungement and sealing order; effect
Status: in_force

A. Except for the limited purposes stated in Articles 920 and 921, upon an order of expungement and sealing, the records and reports expunged and sealed and the underlying conduct and conditions are considered nonexistent and shall not be made available to any person. No person whose juvenile records and reports have been expunged and sealed shall be required to disclose to any person that he was arrested or adjudicated or that the records and reports of arrest or adjudication have been expunged and sealed.

B. A child that is the subject of an expunged record or the child's parent shall not be found guilty of perjury or otherwise giving false statements by reason of the child's failure to recite or acknowledge his expunged record in response to any inquiry made of the child or the child's parent for any purpose. However, if the child is a witness in a criminal or juvenile delinquency matter, the child may be ordered to testify regarding his expunged record.

Acts 1997, No. 1127, §1, eff. July 14, 1997; Acts 2017, No. 362, §1.
La. Civ. Code art. 2694 — LA Code / Code civil-code / Article 2694
Lessee's right to make repairs
Status: in_force

If the lessor fails to perform his obligation to make necessary repairs within a reasonable time after demand by the lessee, the lessee may cause them to be made. The lessee may demand immediate reimbursement of the amount expended for the repair or apply that amount to the payment of rent, but only to the extent that the repair was necessary and the expended amount was reasonable.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Civ. Code art. 724 — LA Code / Code civil-code / Article 724
Multiple dominant or servient estates.
Status: in_force

A predial servitude may be established on several estates for the benefit of one estate. One estate may be subjected to a servitude for the benefit of several estates.

Acts 1977, No. 514, §1.
La. Code Civ. Proc. art. 1427 — LA Code / Code code-of-civil-procedure / Article 1427
Sequence and timing of discovery
Status: in_force

Unless the court upon motion, for the convenience of parties and witnesses and in the interest of justice, orders otherwise, methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party's discovery.

Acts 1976, No. 574, §1.
La. Civ. Code art. 2321 — LA Code / Code civil-code / Article 2321
Damage caused by animals; livestock
Status: in_force

A. The owner of an animal, including livestock, is answerable for the damage caused by the animal. However, the owner is answerable for the damage only upon a showing that the owner knew or, in the exercise of reasonable care, should have known that his animal's behavior would cause damage, that the damage could have been prevented by the exercise of reasonable care, and that the owner failed to exercise such reasonable care.

B. Nonetheless, the owner of a dog is strictly liable for damages for injuries to persons or property caused by the dog and which the owner could have prevented and which did not result from the injured person's provocation of the dog.

C. The owner of livestock is liable for damages for injuries to persons or property caused by the livestock that escape an enclosure and the owner could have prevented by an exercise of reasonable care. The owner of livestock is not liable for damages for injuries to person or property for livestock that escape an enclosure due to any of the following:

(1) A fortuitous event.

(2) No fault of the owner.

(3) Third person provocation of the livestock.

D. Nothing in this Article shall preclude the court from the application of the doctrine of res ipsa loquitur in an appropriate case.

Acts 1996, 1st Ex. Sess., No. 1, §1, eff. April 16, 1996; Acts 2024, No. 252, §1; Acts 2025, No. 488, §1.
La. Ch. Code art. 338 — LA Code / Code childrens-code / Article 338
Supervisory jurisdiction
Status: in_force

Applications for supervisory writs may be made to the appropriate court of appeal in accordance with applicable rules of court.

Acts 1991, No. 235, §3, eff. Jan. 1, 1992.