FrankGoortani/open-us-law huggingface dataset:
La. Ch. Code art. 1405 — LA Code / Code childrens-code / Article 1405
Mental Health Advocacy Service (MHAS); representation; fees
Status: in_force

A. MHAS shall provide legal counsel to all patients who request such service and who are admitted for treatment pursuant to this Title, including but not limited to voluntary or involuntary admission, commitment, legal competency, change of status, transfer, and discharge.

B. MHAS shall provide legal counsel, as availability is determined by its executive director, to minors admitted for mental health or substance abuse treatment pursuant to the dispositional alternatives as provided in the other Titles of this Code, including but not limited to Titles VI and VIII.

C. Nothing in this Title shall be construed to prohibit a person with mental illness or respondent from being represented by privately retained counsel. If a MHAS attorney has been appointed by the court and the minor with mental illness or respondent secures his own counsel, the court shall discharge the MHAS attorney.

D. MHAS shall establish official rules and regulations for evaluating a client's financial resources, for the purpose of determining whether a client has the ability to pay for services received. A client found to have sufficient financial resources shall be required to pay in accordance with standards established by the executive director. An indigent client shall be provided legal counsel and representation without charge.

E. MHAS shall be empowered with all of the same rights and responsibilities to represent their clients whether appointed through the provisions of this Code or Title 28 of the Louisiana Revised Statutes of 1950. These rights include but are not limited to:

(1) A request for a judicial hearing pursuant to Article 1411.

(2) An independent medical examination as requested and approved by the MHAS executive director.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2014, No. 811, §33, eff. June 23, 2014.
La. Code Crim. Proc. art. 729.5 — LA Code / Code code-of-criminal-procedure / Article 729.5
Failure to comply; sanctions
Status: in_force

A. If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with this Chapter or with an order issued pursuant to this Chapter, the court may order such party to permit the discovery or inspection, grant a continuance, order a mistrial on motion of the defendant, prohibit the party from introducing into evidence the subject matter not disclosed, or enter such other order, other than dismissal, as may be appropriate.

B. In addition to the sanctions authorized in Part A hereof, if at any time prior or subsequent to final disposition the court finds that either the state through the district attorney or assistant district attorney or the defendant or his counsel has willfully failed to comply with this Chapter or with an order issued pursuant to this Chapter, such failure shall be deemed to be a constructive contempt of court.

Added by Acts 1977, No. 515, §1.
La. Civ. Code art. 393 — LA Code / Code civil-code / Article 393
Undercurators
Status: in_force

The court shall appoint an undercurator to discharge the duties prescribed for him by law. The duties and powers of an undercurator shall commence upon qualification. In discharging his duties, an undercurator shall exercise reasonable care, diligence, and prudence and shall act in the best interest of the interdict.

Acts 2000, 1st Ex. Sess., No. 25, §1, eff. July 1, 2001.
La. Ch. Code art. 1004.1 — LA Code / Code childrens-code / Article 1004.1
Petition for termination of parental rights; child conceived as a result of a sex offense
Status: in_force

At any time, including prior to or during an adoption proceeding, when a child is conceived as the result of the conviction or commission of a sex offense as defined in R.S. 15:541, the victim of the sex offense may petition to terminate the rights of the perpetrator of the sex offense. Termination shall result in the loss of all parental rights of the perpetrator regarding the child, including any rights to custody, visitation, and contact, as well as any right to intervene in such action. The termination shall not affect the inheritance rights of the child. The perpetrator shall be cast in judgment for all court costs.

Acts 2023, No. 271, §1, eff. June 9, 2023.

NOTE: Former Ch.C. Art. 1004.1 redesignated as Ch.C. Art. 1004.2 by Acts 2023, No. 271, §1, eff. June 9, 2023.
La. Civ. Code art. 606 — LA Code / Code civil-code / Article 606
Improvements.
Status: in_force

The naked owner may not make alterations or improvements on the property subject to the usufruct.

Acts 1976, No. 103, §1.
La. Code Civ. Proc. art. 1632 — LA Code / Code code-of-civil-procedure / Article 1632
Order of trial
Status: in_force

The normal order of trial shall be as follows:

(1) The opening statements by the plaintiff and the defendant, in that order;

(2) The presentation of the evidence of the plaintiff and of the defendant, in that order;

(3) The presentation of the evidence of the plaintiff in rebuttal; and

(4) The argument of the plaintiff, of the defendant, and of the plaintiff in rebuttal, in that order.

This order may be varied by the court when circumstances so justify.

When an action involves parties in addition to the plaintiff and the defendant, the court shall determine the order of trial as to them and the plaintiff and the defendant.
La. Code Civ. Proc. art. 3659 — LA Code / Code code-of-civil-procedure / Article 3659
Same; disturbance in fact and in law defined
Status: in_force

A. Disturbances of possession that give rise to the possessory action are of two kinds: disturbance in fact and disturbance in law.

B. A disturbance in fact is an eviction, or any other physical act that prevents the possessor of immovable property or of a real right therein from enjoying his possession quietly, or that throws any obstacle in the way of that enjoyment.

C. A disturbance in law is the occurrence or existence of any of the following adversely to the possessor of immovable property or a real right therein:

(1) The execution, recordation, or registry, after the possessor or his ancestors in title acquired the right to possess, of any instrument that asserts or implies a right of ownership or right to the possession of the immovable property or a real right therein.

(2) The continuing existence of record of any instrument that asserts or implies a right of ownership or right to the possession of the immovable property or a real right therein, unless the instrument was recorded before the possessor and his ancestors in title commenced possession.

(3) Any other claim or pretension of ownership or right to the possession of the immovable property or a real right therein, whether written or oral, except when asserted in an action or proceeding.

Amended by Acts 1981, No. 256, §1; Acts 2023, No. 421, §2.
La. Code Crim. Proc. art. 417 — LA Code / Code code-of-criminal-procedure / Article 417
Proces verbal; summoning of petit jurors; parishes other than Orleans
Status: in_force

A. In parishes other than Orleans, the clerk of court shall make a proces verbal of the selection of the general venire and of the drawing of the grand jury venire and of the petit jury venire. It shall be certified to by a member of the commission and shall be filed in the clerk's office as a public record.

The clerk shall make a list of the names on the grand jury venire and on the petit jury venire, showing the week for which each petit jury venire is to serve. The lists, together with the general venire list, shall be a part of the proces verbal.

B. The clerk shall cause a copy of the petit jury venire list and grand jury venire list to be published in the official journal of the parish, if there be one, or in some other newspaper published in the parish, or, if there is no official journal or other newspaper in said parish, he shall post a copy of the lists on the door of the courthouse.

C.(1) The clerk shall prepare subpoenas directed to the persons on the petit jury venire and deliver them to the sheriff for service.

(2) The sheriff, at the election of the district judges of the judicial district in which the parish lies, may serve such subpoenas by:

(a) Personal or domiciliary service, or by registered, certified, or regular mail addressed to such juror at his usual residence or business address.

(b) When the service is by mail, the date of mailing shall not be less than fifteen days prior to the date on which the addressee is subpoenaed to appear.

(c) When service is by registered or certified mail, the sheriff shall attach to his return the return receipt of delivery from the United States Post Office showing the disposition of the envelope bearing the summons to the juror.

(d) When service is by regular mail, the return shall show the date of mailing. In case of service by regular mail, prior to any contempt citation, the person shall be served by registered or certified mail with return receipt requested.

(3) The return, with the attached return receipt of delivery, when received by the clerk, shall form part of the record and shall be considered prima facie correct and shall constitute sufficient basis for an action to cite persons for contempt for failure to appear in response thereto.

Amended by Acts 1972, No. 755, §1; Acts 1987, No. 281, §1.
La. Civ. Code art. 1803 — LA Code / Code civil-code / Article 1803
Remission of debt to or transaction or compromise with one obligor
Status: in_force

Remission of debt by the obligee in favor of one obligor, or a transaction or compromise between the obligee and one obligor, benefits the other solidary obligors in the amount of the portion of that obligor.

Surrender to one solidary obligor of the instrument evidencing the obligation gives rise to a presumption that the remission of debt was intended for the benefit of all the solidary obligors.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 3146 — LA Code / Code civil-code / Article 3146
Obligations for which pledge may be given
Status: in_force

A pledge may be given to secure the performance of any lawful obligation, including obligations that arise in the future. As to all obligations, present and future, secured by the pledge, notwithstanding the nature of the obligations or the date they arise, the pledge has effect between the parties from the time that the requirements for formation of the contract of pledge are satisfied and has effect as to third persons from the time that the applicable requirements of Articles 3153 through 3155 are satisfied.

Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
La. Code Evid. art. 1008 — LA Code / Code code-of-evidence / Article 1008
Functions of court and jury
Status: in_force

When the admissibility of other evidence of contents of writings, recordings, or photographs under these articles depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is ordinarily for the court to determine in accordance with the provisions of Article 104. However, when an issue is raised (1) whether the asserted writing ever existed, or (2) whether another writing, recording, or photograph produced at the trial is the original, or (3) whether other evidence of contents correctly reflects the contents, the issue is for the trier of fact to determine as in the case of other issues of fact.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Code Civ. Proc. art. 700 — LA Code / Code code-of-civil-procedure / Article 700
Authority or qualification of plaintiff suing in representative capacity
Status: in_force

When a plaintiff sues as an agent to enforce a right of his principal, or as a legal representative, his authority or qualification is presumed, unless challenged by the defendant by the timely filing of the dilatory exception. When so challenged, the plaintiff shall prove his authority or qualification on the trial of the exception.
La. Code Crim. Proc. art. 575.1 — LA Code / Code code-of-criminal-procedure / Article 575.1
Suspension of time limitations; crimes against the Firefighters' Retirement System
Status: in_force

The periods of limitation established by this Chapter shall be suspended when a civil suit is filed as provided in R.S. 11:2261.1(C).

Acts 2018, No. 115, §2.
La. Ch. Code art. 1307.6 — LA Code / Code childrens-code / Article 1307.6
Registration of convention support order
Status: in_force

A. Except as otherwise provided in this Section, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in this state as provided in Section 6.

B. Notwithstanding Articles 1303.11 and 1306.2(A), a request for registration of a Convention support order must be accompanied by:

(1) A complete text of the support order or an abstract or an extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by The Hague Conference on Private International Law;

(2) A record stating that the support order is enforceable in the issuing country;

(3) If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;

(4) A record showing the amount of arrears, if any, and the date the amount was calculated;

(5) A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and

(6) If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.

C. A request for registration of a Convention support order may seek recognition and partial enforcement of the order.

D. A tribunal of this state may vacate the registration of a Convention support order without the filing of a contest under Article 1307.7 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.

E. The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a Convention support order.

Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Civ. Code art. 2018 — LA Code / Code civil-code / Article 2018
Effects of dissolution
Status: in_force

Upon dissolution of a contract, the parties shall be restored to the situation that existed before the contract was made. If restoration in kind is impossible or impracticable, the court may award damages.

If partial performance has been rendered and that performance is of value to the party seeking to dissolve the contract, the dissolution does not preclude recovery for that performance, whether in contract or quasi-contract.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 3529 — LA Code / Code civil-code / Article 3529
Capacity and vices of consent
Status: in_force

A person is capable of making a testament if, at the time of making the testament, he possessed that capacity under the law of the state in which he was domiciled either at that time or at the time of death.

If the testator was capable of making the testament under the law of both states, his will contained in the testament shall be held free of vices if it would be so held under the law of at least one of those states.

If the testator was capable of making the testament under the law of only one of the states specified in the first paragraph, his will contained in the testament shall be held free of vices only if it would be so held under the law of that state.

Acts 1991, No. 923, §1, eff. Jan. 1, 1992.
La. Civ. Code art. 2816 — LA Code / Code civil-code / Article 2816
Contract by partner in his own name; effect on the partnership.
Status: in_force

An obligation contracted for the partnership by a partner in his own name binds the partnership if the partnership benefits by the transaction or the transaction involves matters in the ordinary course of its business. If the partnership is so bound, it can enforce the contract in its own name.

Acts 1980, No. 150, §1.
La. Civ. Code art. 2896 — LA Code / Code civil-code / Article 2896
Use for longer time or in other manner
Status: in_force

When the borrower uses the thing for a longer time or in a manner other than agreed upon, he is liable for any damage to the thing, even if it is caused by a fortuitous event.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
La. Code Civ. Proc. art. 3607 — LA Code / Code code-of-civil-procedure / Article 3607
Dissolution or modification of temporary restraining order or preliminary injunction
Status: in_force

An interested person may move for the dissolution or modification of a temporary restraining order or preliminary injunction, upon two days' notice to the adverse party, or such shorter notice as the court may prescribe. The court shall proceed to hear and determine the motion as expeditiously as the ends of justice may require.

The court, on its own motion and upon notice to all parties and after hearing, may dissolve or modify a temporary restraining order or preliminary injunction.
La. Civ. Code art. 14 — LA Code / Code civil-code / Article 14
Use of gender
Status: in_force

Unless the context indicates otherwise, words used with reference to one gender apply to other genders.

Acts 1991, No. 923, §1, eff. Jan. 1, 1992; Acts 2025, No. 488, §1.
La. Ch. Code art. 764 — LA Code / Code childrens-code / Article 764
Dismissal of petition
Status: in_force

The court shall dismiss a petition on the motion of the district attorney.

Acts 1991, No. 235, §7; Acts 2022, No. 176, §1.
La. Ch. Code art. 1234 — LA Code / Code childrens-code / Article 1234
Effect of interlocutory decree
Status: in_force

Upon issuance of an interlocutory decree, the period that must elapse prior to application for final decree of private adoption begins to run.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Code Crim. Proc. art. 323 — LA Code / Code code-of-criminal-procedure / Article 323
Secured personal surety
Status: in_force

A. A secured personal surety is a personal surety who satisfies all the requirements of Article 311(5) and specifically mortgages immovable property located in the state of Louisiana.

B. Bail without surety may be secured by a mortgage on the immovable property of the defendant pursuant to this Article or unsecured. A secured personal surety may establish a mortgage over immovable property in favor of the state of Louisiana or the proper political subdivision to secure a bail undertaking. The security shall apply only to and be limited to that immovable property specifically described in the mortgage.

C. The mortgage is established upon the recordation of a written mortgage, in authentic form satisfactory to the officer authorized to receive the bail, in the mortgage records of the parish where the immovable is located that:

(1) Contains the name and signature of the person making the mortgage.

(2) Describes the immovable and declares that a mortgage is given over it as security for the performance of the bail obligation.

(3) Certifies that the person making the mortgage owns the immovable and states its value, in excess of the amount of all encumbrances against it.

(4) Attaches to it a copy of the order fixing bail.

D. The person providing the security shall deliver a certified copy of the recorded statement establishing the mortgage and a mortgage certificate to the officer authorized to receive the bail. The officer may require additional evidence of ownership and value of the mortgaged property including a copy of the current tax assessment.

E.(1) The recorder shall cancel the mortgage from his records upon the order of the court.

(2) In all other cases, the effect of its recordation shall cease ten years after its recordation unless it is reinscribed in the manner otherwise provided by law.

F. Any materially false or incorrect statements made by a person who intentionally and knowingly gives a mortgage or security interest pursuant to this Article shall be prima facie proof of a violation of the provisions of R.S. 14:125, false swearing.

Acts 1988, No. 579, §1; Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2016, No. 613, §1, eff. Jan. 1, 2017; Acts 2017, No. 172, §1, eff. June 12, 2017.
La. Civ. Code art. 1863 — LA Code / Code civil-code / Article 1863
Expenses
Status: in_force

Expenses that may be required to render performance shall be borne by the obligor.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Civ. Proc. art. 4268 — LA Code / Code code-of-civil-procedure / Article 4268
Lease of minor's property; mineral contracts
Status: in_force

When it appears to the best interest of the minor, and after compliance with Article 4271, the court may authorize a tutor to grant a lease upon property of the minor. The term of the lease may extend beyond the anticipated duration of the tutorship.

In addition to the requirements of Article 4271, the petition of the tutor shall set forth the terms and conditions of the proposed lease.

This article applies to mineral leases.

A tutor may execute such other contracts as are authorized by law affecting the whole or any part of the share of his ward in oil, gas, or other minerals, either discovered or undiscovered in the manner provided herein.

Amended by Acts 1974, No. 133, §1.
La. Ch. Code art. 1170 — LA Code / Code childrens-code / Article 1170
Types of adoption
Status: in_force

A. This Title sets forth the exclusive procedures for adoption of children in Louisiana. There are three types of adoption of children in Louisiana:

(1) Agency adoption.

(2) Private adoption.

(3) Intrafamily adoption.

B. The procedures governing each type of adoption are set forth in the following Articles.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2024, No. 92, §1.
La. Ch. Code art. 703 — LA Code / Code childrens-code / Article 703
Notice
Status: in_force

Written notice of the date, time, and place of the dispositional hearing shall be served and a return made in the same manner as a petition on all parties and counsel of record at least fifteen days prior to the hearing, unless the parties have been previously notified in open court at a prior hearing.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
La. Ch. Code art. 1285.1 — LA Code / Code childrens-code / Article 1285.1
Petition; contents; form
Status: in_force

A. The petition for adoption of a Hague Convention adoptee shall be styled: "In re __________, Applying for Adoption of Hague Convention Adoptee." The petition or an attached exhibit shall state:

(1) The full name, address, age, occupation, and marital status of each petitioner.

(2) The name by which the child is known to petitioners as well as the name under which the birth of the child is recorded.

(3) The place and date of the birth of the child if known; if not known, then the approximate age of the child.

(4) The date and circumstances under which the child entered the home of the petitioner.

(5) Any relationship existing between the petitioner and the child.

B. The petition shall be accompanied by a Hague Custody Declaration issued by a United States consular officer and a copy of the child's IH-4 visa or a certificate from the United States Secretary of State that the legal custody of the child was granted in compliance with federal law. Documents related to a convention adoption shall require no authentication in order to be admissible unless a specific and supported claim is made that the documents are false, have been altered or are otherwise unreliable.

Acts 2013, No. 86, §1.