FrankGoortani/open-us-law huggingface dataset:
La. Ch. Code art. 1283.5 — LA Code / Code childrens-code / Article 1283.5
Duties of department; home study; confidential report
Status: in_force

A. The department shall investigate the proposed adoption of the foreign orphan and submit a confidential report of its findings to the court. The findings shall include:

(1) The conditions with respect to the availability of the child for adoption.

(2) The physical and mental condition of the child.

(3) Other factors regarding the suitability of the child for adoption in petitioner's home.

(4) The moral and financial fitness of the petitioner.

(5) The conditions of the proposed adoptive home with respect to health, adjustment, and other advantages or disadvantages to the child.

B. The department may delegate the performance of this investigation to a licensed private adoption agency, but the department remains responsible for ensuring the accuracy and thoroughness of the resulting report and for the safety and welfare of the child. The department shall adopt, promulgate, and enforce such rules and regulations as are necessary and appropriate to implement this authorization in accordance with the Administrative Procedure Act.

Acts 1999, No. 1268, §1.
La. Civ. Code art. 2562 — LA Code / Code civil-code / Article 2562
Dissolution of sale of immovables for nonpayment of price; extension of time for payment
Status: in_force

When an action is brought for the dissolution of the sale of an immovable and there is no danger that the seller may lose the price and the thing, the court, according to the circumstances, may grant the buyer an extension of time, not in excess of sixty days, to make payment, and shall pronounce the sale dissolved if the buyer fails to pay within that time. When there is such a danger, the court may not grant the buyer an extension of time for payment.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Crim. Proc. art. 463 — LA Code / Code code-of-criminal-procedure / Article 463
Form of information
Status: in_force

The information may be in substantially the following form:

In the (Here state the name of the court.) on the ______ day of ______, 20__. State of Louisiana v. A.B. (Here state the name or description of the accused.).

X.Y., District Attorney for the Parish of ______, charges that A.B. (Here state the name or description of the accused.) committed the offense of ______, in that (Here set forth the offense and transaction according to the rules stated in this Title. The particulars of the offense may be added with a view to avoiding the necessity for a bill of particulars.) contrary to the law of the state of Louisiana and against the peace and dignity of the same.
La. Civ. Code art. 1882 — LA Code / Code civil-code / Article 1882
Subjective novation
Status: in_force

Novation takes place when a new obligor is substituted for a prior obligor who is discharged by the obligee. In that case, the novation is accomplished even without the consent of the prior obligor, unless he had an interest in performing the obligation himself.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 3498 — LA Code / Code civil-code / Article 3498
Actions on negotiable and nonnegotiable instruments
Status: in_force

Actions on instruments, whether negotiable or not, and on promissory notes, whether negotiable or not, are subject to a liberative prescription of five years. This prescription commences to run from the day payment is exigible.

Acts 1993, No. 901, §§1 and 2, eff. July 1, 1993; Acts 1993, No. 948, §§6 and 9, eff. June 25, 1993.

{{NOTE: ACTS 1992, NO. 1133, §1 ADDED SECTION 3-A OF CHAPTER 4, TITLE XXIV, BOOK III CONTAINING ART. 3498. THIS PROVISION WAS REPEALED BY ACTS 1993, NO. 901, §2, EFF. JULY 1, 1993, AND BY ACTS 1993, NO. 948, §9, EFF. JUNE 25, 1993.}}
La. Ch. Code art. 906 — LA Code / Code childrens-code / Article 906
Required review hearings; commitment; children in custody of the office of juvenile justice
Status: in_force

A.(1) The medical staff of a mental institution to which a child is committed or placed by the Louisiana Department of Health after the child has been found not guilty by reason of insanity or after a court determines that the child lacks mental capacity to proceed shall review the child's record after the first sixty days, again after one hundred twenty days of commitment, and every one hundred eighty days thereafter.

(2) The purpose of these reviews is to determine the child's present mental condition and whether he is presently capable of being discharged, conditionally or unconditionally, or being placed on probation, without being a danger to others or himself, or is presently capable of proceeding.

(3) The department or the superintendent of the private institution shall make such recommendations to the court as provided in Article 835 or 838.

B.(1) Any child committed by a court to the custody of the office of juvenile justice must be physically transported to the committing court for an in-person review hearing not more than six months after the child's commitment, and at least every six months thereafter, unless such an in-person hearing is waived by counsel for the child and by the committing court. The date of the initial review hearing shall be set by the court at the time of disposition.

(2) The purpose of the hearing shall be to ensure the child is receiving necessary treatment and services and all terms and conditions of his disposition are followed. The court may also consider any motions for modification of disposition pursuant to Article 909 et seq. at the hearings.

(3) For the purposes of this Paragraph, a child is deemed "committed by a court to the custody of the office of juvenile justice" if he is judicially committed to the legal custody of the office of juvenile justice, regardless of where the child is physically held, including but not limited to state-run secure facilities, state-run nonsecure facilities, private facilities with which the office of juvenile justice contracts, and detention centers.

(4) The provisions of this Paragraph shall apply to all children in the custody of the office of juvenile justice on and after August 1, 2018. If a child in the custody of the office of juvenile justice on August 1, 2018, has not had a hearing scheduled pursuant to this Paragraph, the court shall schedule a hearing no later than September 30, 2018, and, if a child is eligible for a hearing, the hearing shall take place no later than October 30, 2018.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2016, No. 617, §1; Acts 2018, No. 355, §1.
La. Ch. Code art. 725.6 — LA Code / Code childrens-code / Article 725.6
Victim confidentiality
Status: in_force

In addition to the protections of Article 412, law enforcement officers, investigators, prosecutors, and service providers shall keep confidential all reports and records of sexual exploitation, including the existence of such records. The identity, pictures, and images of the child victim and his family shall be confidential except to the extent that disclosure is:

(1) Essential for the purposes of investigation or prosecution.

(2) Required by court order.

(3) Necessary to ensure services.

Acts 2017, No. 376, §1.
La. Code Civ. Proc. art. 333 — LA Code / Code code-of-civil-procedure / Article 333
Crier
Status: in_force

The crier of a court shall attend all sessions thereof; under the direction of the judge shall open and close court at each session, and maintain order and decorum in the court room; and shall perform such other duties as are assigned to him by law, the court, or the sheriff.

The crier of a trial court, when requested to do so, shall call all witnesses in the building whose testimony is desired by the court or by a party.

When a court has no crier, and there is no deputy sheriff available for such duty, the sheriff shall perform the duties of crier.
La. Code Civ. Proc. art. 253.1 — LA Code / Code code-of-civil-procedure / Article 253.1
Pleadings; random assignment of cases
Status: in_force

All pleadings filed shall be randomly assigned to a particular section or division of the court by either of the following methods:

(1) By drawing indiscriminately from a pool containing designations of all sections or divisions of court in the particular jurisdiction in which the case is filed.

(2) By use of a properly programmed electronic device or computer programmed to randomly assign cases to any one of the sections or divisions of court in the particular jurisdiction in which the case is filed.

Acts 1995, No. 829, §1.
La. Code Civ. Proc. art. 4033 — LA Code / Code code-of-civil-procedure / Article 4033
Petitions filed in two or more courts; stay of proceedings in second and subsequent courts; adoption of proceedings by first court
Status: in_force

If petitions for the appointment of a tutor are filed in two or more competent courts, the court in which a petition was first filed shall proceed to a determination of the issues and the proceedings in the other courts shall be stayed. However, the first court may adopt as its own any of the proceedings taken in the other courts.
La. Ch. Code art. 1444 — LA Code / Code childrens-code / Article 1444
Nature of hearing; evidence
Status: in_force

The court shall conduct the hearing in as formal a manner as is possible under the circumstances and shall admit evidence according to the usual rules of evidence.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
La. Ch. Code art. 560 — LA Code / Code childrens-code / Article 560
Provision of services; qualifications of counsel
Status: in_force

A. A program designated by the Louisiana Supreme Court shall provide child representation services to each court exercising jurisdiction over abuse and neglect cases in accordance with a plan for service delivery developed by the program and approved by the supreme court.

B. Representation of children in child abuse and neglect cases shall comply with the provisions of Part III of Rule J of the Administrative Rules of the Supreme Court, including qualifications of appointed counsel and child attorney standards.

Acts 2006, No. 271, §1; Acts 2014, No. 354, §1.
La. Code Crim. Proc. art. 473 — LA Code / Code code-of-criminal-procedure / Article 473
Identification of victim
Status: in_force

When the name of the person injured is substantial and not merely descriptive, such as when the injury is to the person, as in murder, rape, or battery, the indictment shall state the true name of the victim or the name, appellation, or nickname by which he is known. If the name, appellation, or nickname of the victim is not known, it is sufficient to so state and to describe him as far as possible. In stating any name of a victim it is sufficient to state a surname, a surname and one or more given names, or a surname and one or more abbreviations or initials of a given name or names.
La. Code Civ. Proc. art. 2004 — LA Code / Code code-of-civil-procedure / Article 2004
Annulment for vices of substance; peremption of action
Status: in_force

A. A final judgment obtained by fraud or ill practices may be annulled.

B. An action to annul a judgment on these grounds must be brought within one year of the discovery by the plaintiff in the nullity action of the fraud or ill practices.

C. The court may award reasonable attorney fees incurred by the prevailing party in an action to annul a judgment on these grounds.

Acts 2001, No. 512, §1.
La. Civ. Code art. 1930 — LA Code / Code civil-code / Article 1930
Revocable offer
Status: in_force

An offer not irrevocable under Civil Code Article 1928 may be revoked before it is accepted.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Ch. Code art. 634 — LA Code / Code childrens-code / Article 634
Contents of petition
Status: in_force

A. The petition shall set forth with specificity:

(1) The name, date and place of birth, sex, race, and address of the child. If the child is in a foster home, the identification of the parish in which he resides shall suffice for his address.

(2) The name and current address of each parent.

(3) A statement as to whether the petitioner knows or has reason to know that the child is an Indian child and facts that support that statement.

(4) Facts that show the child is a child in need of care, including the acts or omissions of either parent which caused or contributed to the child's condition.

B. If any of the information required by Subparagraph (A)(1) or (2) of this Article is unknown, the petition shall so allege. Any defects in the information required by Subparagraph (A)(1) of this Article shall be considered defects of form.

C. The petition shall conclude with a request that the court adjudicate the child to be a child in need of care.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1997, No. 612, §1; Acts 2018, No. 296, §1.
La. Civ. Code art. 1263 — LA Code / Code civil-code / Article 1263
Destruction of immovable after election to collate by taking less.
Status: in_force

But if the immovable property is destroyed after the donee has declared that he wishes to collate by taking less, the loss is his, and he is bound to take less from the succession, in the same manner as if the property had not been destroyed.
La. Code Civ. Proc. art. 3298 — LA Code / Code code-of-civil-procedure / Article 3298
Hearing; order
Status: in_force

If no opposition should be made within the time, the judge may grant to the administrator or executor the authority applied for, after the debt is proven, but if opposition should be made, he shall hear the matter and determine thereon in a summary manner.

Acts 1988, No. 564, §1; Acts 1997, No. 1421, §7, eff. July 1, 1999.
La. Code Evid. art. 605 — LA Code / Code code-of-evidence / Article 605
Disqualification of judge as witness
Status: in_force

The judge presiding at the trial may not testify in that trial as a witness. No objection need be made in order to preserve the point.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Ch. Code art. 862 — LA Code / Code childrens-code / Article 862
Transfer hearing; required findings
Status: in_force

A. In order for a motion to transfer a child to be granted, the burden shall be upon the state to prove all of the following:

(1) Probable cause exists that the child meets the requirements of Article 857.

(2) By clear and convincing proof, there is no substantial opportunity for the child's rehabilitation through facilities available to the court, based upon the following criteria:

(a) The age, maturity, both mental and physical, and sophistication of the child.

(b) The nature and seriousness of the alleged offense to the community and whether the protection of the community requires transfer.

(c) The child's prior acts of delinquency, if any, and their nature and seriousness.

(d) Past efforts at rehabilitation and treatment, if any, and the child's response.

(e) Whether the child's behavior might be related to physical or mental problems.

(f) Techniques, programs, personnel, and facilities available to the juvenile court which might be competent to deal with the child's particular problems.

B. The court shall state for the record its reasons for judgment.

C.(1) The court shall transmit the order rendered after the hearing or a certified copy thereof, without delay, to the clerk of court having jurisdiction of the offense.

(2) Any party may request the court to provide a complete or partial transcript of the testimony of the witnesses; however, neither the record of the hearing nor the reasons for the transfer shall be admissible in evidence in any subsequent criminal proceedings, except for the purpose of impeachment of a witness.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993.
La. Code Civ. Proc. art. 1913 — LA Code / Code code-of-civil-procedure / Article 1913
Notice of judgment
Status: in_force

A. Except as otherwise provided by law, notice of the signing of a final judgment is required in all contested cases and shall be mailed or delivered in open court by the clerk of court to the counsel of record for each party, and to each party not represented by counsel. Delivery of the signed judgment in open court shall constitute notice of judgment and shall be documented in the record of the proceeding.

B. Notice of the signing of a default judgment against a defendant on whom citation was not served personally, or on whom citation was served through the secretary of state, and who filed no exception, answer, or other pleading, shall be served on the defendant by the sheriff, by either personal or domiciliary service, or in the case of a defendant originally served through the secretary of state, by service on the secretary of state.

C. Except when service is required in accordance with Paragraph B of this Article, notice of the signing of a default judgment shall be mailed by the clerk of court to the defendant at the address where personal service was obtained or to the last known address of the defendant.

D. The clerk shall file a certificate in the record showing the date on which, and the counsel and parties to whom, notice of the signing of the judgment was mailed or delivered in open court.

E. Repealed by Acts 2008, No. 824, §5, eff. Jan. 1, 2009.

Amended by Acts 1961, No. 23, §1; Acts 1968, No. 127, §1; Acts 1990, No. 1000, §1; Acts 1992, No. 700, §1; Acts 1999, No. 1263, §1, eff. Jan. 1, 2000; Acts 2001, No. 512, §1; Acts 2006, No. 337, §1; Acts 2008, No. 824, §5, eff. Jan. 1, 2009; Acts 2017, No. 419, §1; Acts 2018, No. 195, §1; Acts 2021, No. 174, §1, eff. Jan. 1, 2022; Acts 2025, No. 250, §3.
La. Civ. Code art. 2055 — LA Code / Code civil-code / Article 2055
Equity and usage
Status: in_force

Equity, as intended in the preceding articles, is based on the principles that no one is allowed to take unfair advantage of another and that no one is allowed to enrich himself unjustly at the expense of another.

Usage, as intended in the preceding articles, is a practice regularly observed in affairs of a nature identical or similar to the object of a contract subject to interpretation.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Crim. Proc. art. 817 — LA Code / Code code-of-criminal-procedure / Article 817
Qualifying verdicts
Status: in_force

A. Except as provided in Paragraph B of this Article, any qualification of or addition to a verdict of guilty, beyond a specification of the offense as to which the verdict is found, is without effect upon the finding.

B. Notwithstanding any other provision of law to the contrary, in addition to a specification of the offense as to which the verdict is found pursuant to Paragraph A of this Article, any fact that increases the maximum or mandatory minimum penalty for a crime, other than the fact of a prior conviction, may be submitted to the jury, and the verdict may include a specific finding of fact as to that issue.

Amended by Acts 1972, No. 502, §1; Acts 1973, No. 125, §1; Acts 2019, No. 326, §1, eff. June 11, 2019.
La. Code Civ. Proc. art. 1066 — LA Code / Code code-of-civil-procedure / Article 1066
Action matured or acquired after pleading
Status: in_force

An action which either matured or was acquired by the defendant in the principal action after answer may be presented, with the permission of the court, as a reconventional demand by supplemental pleading.
La. Ch. Code art. 525 — LA Code / Code childrens-code / Article 525
Confidentiality policy; exceptions
Status: in_force

A. The files, reports, records, communications, working papers or videotaped interviews used or developed in providing services under this Chapter are confidential and not subject to the public records, R.S. 44:1 et seq. Disclosure may only be made to a member of a multidisciplinary investigative team who is engaged in the investigation of a particular case and who needs access to the information in order to perform his duties for purposes consistent with this Chapter.

B. Any public or private department, agency or organization may share with a child advocacy center information that is made confidential by law when it is needed to provide or secure services under this Chapter. Confidential information shared with or provided to a center remains the property of the providing organization.

Acts 2003, No. 749, §1.
La. Civ. Code art. 2325 — LA Code / Code civil-code / Article 2325
Matrimonial regime.
Status: in_force

A matrimonial regime is a system of principles and rules governing the ownership and management of the property of married persons as between themselves and toward third persons.

Acts 1979, No. 709, §1.
La. Civ. Code art. 1326 — LA Code / Code civil-code / Article 1326
New appraisement.
Status: in_force

In this case the judge is bound to order a new appraisement of the effects to be divided, which shall be made by experts appointed by him to that effect, and duly sworn by the officer who is appointed to make the proces verbal of the appraisement.
La. Civ. Code art. 51 — LA Code / Code civil-code / Article 51
Termination by judgment of declaration of death
Status: in_force

The curatorship of the property of the absent person also terminates when a judgment of declaration of death is rendered.

When an absent person has no known heirs and is presumed dead, it shall be the duty of the curator to initiate proceedings for a declaration of death.

Acts 1990, No. 989, §1, eff. Jan. 1, 1991.
La. Civ. Code art. 3516 — LA Code / Code civil-code / Article 3516
Meaning of "State"
Status: in_force

As used in this Book, the word "state" denotes, as may be appropriate: the United States or any state, territory, or possession thereof; the District of Columbia; the Commonwealth of Puerto Rico; and any foreign country or territorial subdivision thereof that has its own system of law.

Acts 1991, No. 923, §1, eff. Jan. 1, 1992.
La. Ch. Code art. 1279.3 — LA Code / Code childrens-code / Article 1279.3
Purpose
Status: in_force

Notwithstanding any provision of the law to the contrary, in order to facilitate the recruitment of new families for children, the incentives provided in this Chapter shall be made available for those children who have been adopted from the custody of the state and meet eligibility requirements.

Acts 2013, No. 66, §1, eff. May 31, 2013.
La. Code Crim. Proc. art. 292 — LA Code / Code code-of-criminal-procedure / Article 292
Order for preliminary examination before and after indictment
Status: in_force

The court, on request of the state or the defendant, shall immediately order a preliminary examination in felony cases unless the defendant has been indicted by a grand jury.

After the defendant has been indicted by a grand jury, the court may rescind its order for a preliminary examination.

An order for a preliminary examination in felony cases may be granted by the court at any time, either on its own motion or on request of the state or of the defendant before or after the defendant has been indicted by a grand jury.

Amended by Acts 1974, Ex.Sess. No. 16, §1, eff. Jan. 1, 1975.
La. Code Civ. Proc. art. 3247 — LA Code / Code code-of-civil-procedure / Article 3247
Execution against succession property prohibited
Status: in_force

Execution shall not issue against any property of a succession under administration to enforce a judgment against the succession representative, or one rendered against the deceased prior to his death.