FrankGoortani/open-us-law huggingface dataset:
La. Ch. Code art. 849 — LA Code / Code childrens-code / Article 849
Service and return; resident parent
Status: in_force

A. If a parent resides within the state, service shall be made personally or by domiciliary service or by certified mail as soon as possible and not less than forty-eight hours prior to commencement of the adjudication hearing on the matter.

B. The person effecting service shall execute a return and, if service was made by certified mail, the return receipt shall be attached thereto.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Code Crim. Proc. art. 413 — LA Code / Code code-of-criminal-procedure / Article 413
Method of impaneling of grand jury; selection of foreman
Status: in_force

A. The grand jury shall consist of twelve persons plus no fewer than two nor more than four alternates qualified to serve as jurors, selected or drawn from the grand jury venire.

B. The sheriff or his designee, or the clerk or a deputy clerk of court, or the jury commissioner shall draw indiscriminately and by lot from the envelope containing the remaining names on the grand jury venire a sufficient number of names to complete the grand jury. The envelope containing the remaining names shall be replaced into the grand jury box for use in filling vacancies as provided in Article 415. The court shall cause a random selection to be made of one person from the impaneled grand jury to serve as foreman of the grand jury.

C. The alternate grand jurors shall receive the charge as provided in Article 432 but shall not be sworn nor become members of the grand jury except as provided in Article 415.

Acts 1990, No. 47, §1; Acts 1999, No. 984, §1; Acts 2001, No. 281, §§1, 2; Acts 2010, No. 347, §1; Acts 2016, No. 389, §1.
La. Ch. Code art. 110 — LA Code / Code childrens-code / Article 110
References to code articles or statutory sections
Status: in_force

Unless the context clearly indicates the contrary:

(1) A reference in this Code to a Title, Chapter, or Article without further designation, means a Title, Chapter, or Article of this Code.

(2) A reference in this Code to an Article of a Code or to a statutory section applies to subsequent amendments thereof.

Acts 1991, No. 235, §1, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 3173 — LA Code / Code code-of-civil-procedure / Article 3173
Removal; appointment of successor
Status: in_force

The attorney at law appointed to represent an absent heir or legatee may be relieved by the court of his trust for any lawful reason, shall be removed by the court for nonperformance of duty, and his office shall terminate when the absent heir or legatee by proper pleading advises the court of his appointment of an attorney in fact, or of the selection of his own counsel.

If the attorney appointed to represent an absent heir or legatee, as provided in Article 3171, is removed, resigns, or dies, the court may appoint another attorney at law to succeed him.
La. Ch. Code art. 1111 — LA Code / Code childrens-code / Article 1111
Capacity generally
Status: in_force

Except as provided hereinafter in this Chapter, any parent has the capacity to surrender his or her child for adoption.

Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
La. Ch. Code art. 415 — LA Code / Code childrens-code / Article 415
Destruction of inactive and closed files
Status: in_force

A. On its own motion, after a contradictory hearing with the district attorney, the court may order the destruction of:

(1) Any reports or records of criminal neglect of family proceedings brought pursuant to Chapter 2 of Title XIII of this Code, which have been inactive or closed for five years.

(2) Any other reports or records concerning matters or proceedings under its juvenile jurisdiction which have been inactive or closed for ten years.

(3) Domestic relations and adoption reports and records provided that the clerk of court has reproduced such records by any method of photorecording, photocopying, microfilming, or other photographic method of reproduction and such reproduction shall be retained permanently by the clerk of court. The film stock used in making photographic or microphotographic copies and the processing of the copies shall comply with the standards of the American National Standard Institute for permanent record photographic microcopying film, and any electronic media used shall comply with the standards of the International Standards Organization for electronic storage of records.

B. Any microfilmed or electronically digitized report or record, when certified by the clerk of court and satisfactorily identified, shall be deemed to be an original itself, and shall be admissible in evidence in all courts or administrative proceedings in any agency, whether the preexisting hard copy of the report or record is in existence or not, and an enlargement or facsimile of such a report or record is likewise admissible in evidence, if the microfilm or electronically digitized report or record is in existence and available for inspection under direction of the court or the administrative agency.

Acts 1991, No. 235, §4, eff. Jan. 1, 1992; Acts 2008, No. 482, §1.
La. Code Civ. Proc. art. 1422 — LA Code / Code code-of-civil-procedure / Article 1422
Scope of discovery; in general
Status: in_force

Unless otherwise limited by order of the court in accordance with this Chapter, the scope of discovery is as set forth in this Article and in Articles 1423 through 1425.

Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

Acts 1976, No. 574, §1.
La. Code Crim. Proc. art. 659 — LA Code / Code code-of-criminal-procedure / Article 659
Costs of mental examinations prior to commitment
Status: in_force

The fees and expenses of physicians, including coroners and other physicians in the employ of the state or its political subdivisions, appointed by a court to make a mental examination and report prior to commitment shall be fixed by the court in an amount not less than the fees set forth in R.S. 13:5706 and shall be paid by the parish where the prosecution was instituted. The fee paid to the coroner or other physician in the employ of the state shall be in addition to his salary. Use of the facilities of a state mental institution in making the mental examination shall be without cost to the parish.

Acts 2001, No. 467, §1.
La. Civ. Code art. 722 — LA Code / Code civil-code / Article 722
Modes of establishment.
Status: in_force

Predial servitudes are established by all acts by which immovables may be transferred. Delivery of the act of transfer or use of the right by the owner of the dominant estate constitutes tradition.

Acts 1977, No. 514, §1.
La. Ch. Code art. 761 — LA Code / Code childrens-code / Article 761
Medical treatment of children; costs
Status: in_force

A. On its own motion or on the motion of any party, the court may order the caretaker to provide medical or surgical care needed by the child.

B. If the caretaker fails to provide such care, the court may order such care or treatment and, after due notice to the caretaker, order him to pay all or part of the expense.

Acts 1991, No. 235, §7.
La. Code Civ. Proc. art. 4063 — LA Code / Code code-of-civil-procedure / Article 4063
Legal tutor
Status: in_force

The court shall appoint a legal tutor under the circumstances and according to the rules for priority provided by law, and in the manner provided in Articles 4065 through 4068.
La. Civ. Code art. 485 — LA Code / Code civil-code / Article 485
Fruits produced by a third person; reimbursement.
Status: in_force

When fruits that belong to the owner of a thing by accession are produced by the work of another person, or from seeds sown by him, the owner may retain them on reimbursing such person his expenses.

Acts 1979, No. 180, §1.
La. Civ. Code art. 1941 — LA Code / Code civil-code / Article 1941
Notice of commencement of performance
Status: in_force

When commencement of the performance either constitutes acceptance or makes the offer irrevocable, the offeree must give prompt notice of that commencement unless the offeror knows or should know that the offeree has begun to perform. An offeree who fails to give the notice is liable for damages.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 356 — LA Code / Code civil-code / Article 356
Title of proceedings; procedural rules; parent to be named tutor
Status: in_force

The title of the proceedings shall be Continuing Tutorship of (Name of Person), A Person with a Disability, and the proceeding shall be conducted according to the procedural rules established for ordinary tutorships.

(1) When the parents of the person to be placed under a full or limited continuing tutorship are married to each other and petition jointly, the court shall appoint the parents as co-tutors, unless for good cause the court decrees otherwise.

(2) When the parents of the person to be placed under a full or limited continuing tutorship are married to each other but do not petition jointly, the court shall appoint either a petitioning parent as tutor or both individually petitioning parents as co-tutors, in accordance with the best interest of the child.

(3) Upon the petition of a parent of the person to be placed under the full or limited continuing tutorship, the court shall, unless good cause requires otherwise, appoint as tutor the petitioning parent who is:

(a) The surviving parent, if one parent is dead.

(b) The parent awarded custody of the child to be placed under the full or limited continuing tutorship, if the parents are divorced or judicially separated.

(c) The parent who is tutor or tutrix, if the parents were never married to each other.

Added by Acts 1966, No. 496, §2. Amended by Acts 1974, No. 714, §1; Acts 2014, No. 26, §1; Acts 2014, No. 811, §30, eff. June 23, 2014; Acts 2020, No. 218, §1; Acts 2024, No. 123, §1.
La. Ch. Code art. 324 — LA Code / Code childrens-code / Article 324
Authorization
Status: in_force

A. A court exercising juvenile jurisdiction may require that a statement of a protected person be recorded on videotape in conformity with Article 326 by any of the following:

(1) Motion of the court or motion of the district attorney, a parish welfare unit or agency, the Department of Children and Family Services, or a child advocacy center operating in the judicial district.

(2) Adoption of a local court rule that authorizes the videotaping of any protected person without the necessity of the issuance of an order by the court in any individual case.

(3) Execution of a written protocol between the court and law enforcement agencies, a parish welfare unit or agency, the Department of Children and Family Services, or a child advocacy center operating in the judicial district that authorizes the videotaping of any protected person without the necessity of the issuance of an order by the court in any individual case.

B. The coroner may, in conjunction with the district attorney and appropriate hospital personnel and pursuant to their duties in R.S. 40:2109.1 and 2113.4, provide for the videotaping of the statements of children under the age of eighteen who present themselves or who are brought to a hospital for treatment as victims of rape or who have been otherwise physically or sexually abused.

C. Such a videotape shall be available for introduction into evidence in any juvenile proceeding under this Code in which it is relevant.

Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2004, No. 241, §2; Acts 2007, No. 70, §2; Acts 2014, No. 647, §2; Acts 2022, No. 202, §1.
La. Code Civ. Proc. art. 3062 — LA Code / Code code-of-civil-procedure / Article 3062
Effect of judgment of possession
Status: in_force

The judgment of possession rendered in a succession proceeding shall be prima facie evidence of the relationship to the deceased of the parties recognized therein, as heir, legatee, surviving spouse in community, or usufructuary, as the case may be, and of their right to the possession of the estate of the deceased.
La. Code Crim. Proc. art. 894.3 — LA Code / Code code-of-criminal-procedure / Article 894.3
Notice to victim for sentencing
Status: in_force

A. Before sentencing a defendant who has been convicted of a violation of a sex offense as defined in R.S. 15:541, the office of the district attorney shall notify the clerk of court of the name and the address of the victim, and the clerk of court shall give written notice of the date and time of sentencing at least three days prior to the hearing, when the sentencing is not immediately following the finding of guilt, to the victim or the victim's parent or guardian, unless the victim, parent, or guardian has advised the office of the district attorney in writing that such notification is not desired.

B. The victim or the victim's parent or guardian who desires to do so shall be given a reasonable opportunity to attend the hearing and to be heard.

Acts 1992, No. 962, §1; Acts 1995, No. 1290, §3; Acts 2001, No. 1206, §3.
La. Code Crim. Proc. art. 387 — LA Code / Code code-of-criminal-procedure / Article 387
Additional information required when prosecuting certain offenses
Status: in_force

A. When instituting the prosecution of an offense involving a violation of any state law or local ordinance that prohibits the use of force or a deadly weapon against any family member or household member as those terms are defined by R.S. 14:35.3 or that prohibits the use of force or violence against a dating partner as defined by R.S. 14:34.9, the district attorney, or city prosecutor for criminal prosecutions in city court, shall include the following information in the indictment, information, or affidavit:

(1) Date of the offense.

(2) The state identification number of the defendant, if one has been assigned to the defendant for this offense or for any prior offenses.

B. Failure to comply with the provisions of this Article shall not constitute grounds for a motion to quash.

Acts 2015, No. 440, §4; Acts 2017, No. 84, §5.
La. Code Civ. Proc. art. 2640 — LA Code / Code code-of-civil-procedure / Article 2640
Citation unnecessary
Status: in_force

Citation is not necessary in an executory proceeding.

Acts 2006, No. 498, §1.
La. Code Civ. Proc. art. 3006 — LA Code / Code code-of-civil-procedure / Article 3006
Same; when one of competent heirs cannot join in petition for possession
Status: in_force

If a competent heir of an intestate resides out of the state and cannot be located, or his whereabouts are unknown, the other competent heirs may be sent into possession of the property without an administration of the succession, as provided herein and in Articles 3004 and 3005.

Upon the filing of the petition for possession, the court shall appoint an attorney at law to represent the absent heir, and shall order him to show cause why the heirs of the intestate should not be recognized, and sent into possession of the property of the intestate without an administration of the succession.

After a hearing on the rule against the attorney for the absentee, if the court concludes that the succession is thoroughly solvent and that there is no necessity for an administration, it may send all the heirs of the intestate, including the absentee, into possession.
La. Code Civ. Proc. art. 1006 — LA Code / Code code-of-civil-procedure / Article 1006
Alternative defenses
Status: in_force

An answer may set forth two or more defenses in the alternative, even though the factual or legal bases thereof may be inconsistent or mutually exclusive. All allegations in such cases are made subject to the obligations set forth in Article 863.
La. Civ. Code art. 3104 — LA Code / Code civil-code / Article 3104
Power of arbitrators.
Status: in_force

The power of arbitrators is limited to what is explained in the submission.
La. Code Crim. Proc. art. 886 — LA Code / Code code-of-criminal-procedure / Article 886
Enforcement of fine by civil process; offset of tax refund
Status: in_force

A. In the event of nonpayment of a fine, nonpayment of restitution to the victim, or nonpayment of a fine and costs, within sixty days after the sentence was imposed, and if no appeal is pending, the court which imposed the sentence may sign a judgment against the defendant in a sum equal to the fine or restitution plus judicial interest to begin sixty days after the sentence was imposed plus all costs of the criminal proceeding and subsequent proceedings necessary to enforce the judgment in either civil or criminal court, or both. Collection of the judgment may be enforced in either criminal or civil court, or both, in the same manner as a money judgment in a civil case. In addition, particular courts may provide by court rule for enforcement by the filing of an offset claim against the defendant, in accordance with R.S. 47:299.1 through 299.20.

B. The provisions of Paragraph A of this Article shall apply to all fines and costs due and owing, regardless of whether they become due and owing prior to September 6, 1991.

Acts 1989, No. 191, §2; Acts 1991, No. 85, §1; Acts 1999, No. 140, §1; Acts 1999, No. 783, §3, eff. Jan. 1, 2000.
La. Civ. Code art. 2032 — LA Code / Code civil-code / Article 2032
Prescription of action
Status: in_force

Action for annulment of an absolutely null contract does not prescribe.

Action of annulment of a relatively null contract must be brought within five years from the time the ground for nullity either ceased, as in the case of incapacity or duress, or was discovered, as in the case of error or fraud.

Nullity may be raised at any time as a defense against an action on the contract, even after the action for annulment has prescribed.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Crim. Proc. art. 576 — LA Code / Code code-of-criminal-procedure / Article 576
Filing of new charges upon dismissal of prosecution
Status: in_force

When a criminal prosecution is timely instituted in a court of proper jurisdiction and the prosecution is dismissed by the district attorney with the defendant's consent, or before the first witness is sworn at the trial on the merits, or the indictment is dismissed by a court for any error, defect, irregularity, or deficiency, a new prosecution for the same offense or for a lesser offense based on the same facts may be instituted within the time established by this Chapter or within six months from the date of dismissal, whichever is longer.

A new prosecution shall not be instituted under this article following a dismissal of the prosecution by the district attorney unless the state shows that the dismissal was not for the purpose of avoiding the time limitation for commencement of trial established by Article 578.
La. Civ. Code art. 703 — LA Code / Code civil-code / Article 703
Servitude of light.
Status: in_force

The servitude of light is the right by which the owner of the dominant estate is entitled to make openings in a common wall for the admission of light; this includes the right to prevent the neighbor from making an obstruction.

Acts 1977, No. 514, §1.
La. Code Civ. Proc. art. 689 — LA Code / Code code-of-civil-procedure / Article 689
Unincorporated association
Status: in_force

An unincorporated association has the procedural capacity to sue to enforce its rights in its own name, and appears through and is represented by its president or other authorized officer.
La. Code Civ. Proc. art. 463 — LA Code / Code code-of-civil-procedure / Article 463
Cumulation, plural plaintiffs or defendants
Status: in_force

Two or more parties may be joined in the same suit, either as plaintiffs or as defendants, if:

(1) There is a community of interest between the parties joined;

(2) Each of the actions cumulated is within the jurisdiction of the court and is brought in the proper venue; and

(3) All of the actions cumulated are mutually consistent and employ the same form of procedure.

Except as otherwise provided in Article 3657, inconsistent or mutually exclusive actions may be cumulated in the same suit if pleaded in the alternative.
La. Civ. Code art. 3325 — LA Code / Code civil-code / Article 3325
Paraph of notes or written obligations secured by a mortgage, privilege, or other encumbrance
Status: in_force

A. Except as provided in Paragraph B of this Article, a note or other written obligation which is secured by an act of mortgage, or an act evidencing a privilege or other encumbrance, need not be paraphed for identification with such mortgage, privilege, or other encumbrance, and need not recite that it is secured by such mortgage, privilege, or other encumbrance.

B. A notary before whom is passed an act of mortgage, or an act evidencing a privilege or other encumbrance that secures a note or other written obligation, shall paraph the obligation for identification with his act if the obligation is presented to him for that purpose. The paraph shall state the date of the act and shall be signed by the notary. The notary shall also mention in his act that he has paraphed the obligation. Failure to do so shall render the paraph ineffective. The paraph is prima facie evidence that the paraphed obligation is the one described in the act.

Acts 1992, No. 1132, §2, eff. Jan. 1, 1993; Acts 1995, No. 1087, §1.
La. Code Crim. Proc. art. 101 — LA Code / Code code-of-criminal-procedure / Article 101
Abolition of coroner's jury and inquest; investigation by coroner
Status: in_force

The coroner's jury and inquest are abolished.

The coroner shall conduct an investigation concerning the manner and cause of any death when informed that death has resulted from violence or accident, or under suspicious circumstances.

The coroner may conduct an investigation concerning the medical aspects of any case that may involve medical evidence and in which there is a reasonable probability that a criminal statute has been violated and shall do so when ordered by the court. This order may be issued ex parte by the court either on its own motion or on application by the district attorney.
La. Civ. Code art. 1337 — LA Code / Code civil-code / Article 1337
Partition in kind; sale of movables to pay debts.
Status: in_force

Each of the coheirs may demand in kind his share of the movables and immovables of the succession; but if there are creditors who have made any seizure or opposition, or if a majority of the coheirs are of opinion that the sale is necessary in order to satisfy the debts and charges of the succession, the movables shall be sold at public auction, after the usual advertisements.
La. Civ. Code art. 1776 — LA Code / Code civil-code / Article 1776
Contract for continuous or periodic performance
Status: in_force

In a contract for continuous or periodic performance, fulfillment of a resolutory condition does not affect the validity of acts of performance rendered before fulfillment of the condition.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.