FrankGoortani/open-us-law huggingface dataset:
La. Ch. Code art. 890 — LA Code / Code childrens-code / Article 890
Predisposition report; contents
Status: in_force

A. In making the investigation, the probation officer shall investigate and report to the court regarding:

(1) The circumstances attending the commission of the offense; the attitudes of the child and his parents toward the offense; the prior offenses committed by the child, including other referrals or contacts not resulting in juvenile court petitions; and, when applicable, the disposition of companion cases arising out of this offense.

(2) The impact on the victim, if a child is adjudicated of or admits to a delinquent act involving a victim. The court shall require that a victim impact statement be included in the predisposition report. The victim impact statement shall include factual information as to whether the victim or his family has suffered, as a result of the offense, any monetary loss, medical expense, or physical impairment, and shall include any other information deemed relevant. The district attorney may also file a victim impact statement with the court.

(3) The child's home environment including his family's composition and dynamics, stability, economic status, participation in community or religious activities, and any physical, mental, or emotional handicaps, substance abuse, or criminal history of any of its members.

(4) The child's current physical description, developmental and medical history, social adjustment in the community, school record, including the name and address of the school where the child is registered and enrolled, employment or vocational interest, significant behavior patterns, or other personality traits relevant to his rehabilitation.

B. The report shall contain a list of all persons contacted in completing the investigation and their relationship to the child.

C. The report shall contain a brief statement of the child's identified behavioral problems and the probation officer's assessment of cause and potential for rehabilitation, indicating specifically those resources available in the community or within the child's extended family which could provide needed assistance to the child and his family.

D. The report shall contain recommendations for suggested disposition, including, if applicable, special conditions of supervision.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1993, No. 840, §1.
La. Civ. Code art. 3009 — LA Code / Code civil-code / Article 3009
Liability of multiple mandataries
Status: in_force

Multiple mandataries are not solidarily liable to their common principal, unless the mandate provides otherwise.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
La. Ch. Code art. 1121 — LA Code / Code childrens-code / Article 1121
Legal counseling; affidavit
Status: in_force

A. In all surrenders for private adoption, the surrendering parent and his representative, if applicable, or the child's tutor, as provided in Article 1108, shall be represented at the execution of the act by an attorney at law licensed to practice law in Louisiana; however, the attorney representing such person shall not be the attorney who represents the person who is the prospective adoptive parent, or an attorney who is an associate, partner, shareholder, or employee of the attorney, law firm, or corporation representing the prospective adoptive parent.

B. Counsel for the surrendering parent shall execute an affidavit of counsel, which shall be attached to the Act of Surrender.

C. The affidavit of counsel shall recite that counsel for the surrendering parent has fully explained to the parent the nature and effect of the Act of Surrender, including the penalties for making false statements in the act of surrender provided in R.S. 14:125.2, and that the parent appeared to understand the explanation given, that the parent freely and voluntarily executed the surrender, and that a copy of the act as executed has been provided to the surrendering parent.

Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2001, No. 953, §2; Acts 2008, No. 584, §1.
La. Civ. Code art. 2375 — LA Code / Code civil-code / Article 2375
Effect of judgment
Status: in_force

A. Except as provided in Paragraph C of this Article, a judgment decreeing separation of property terminates the regime of community property retroactively to the day of the filing of the petition or motion therefor, without prejudice to rights validly acquired in the interim between filing of the petition or motion and rendition of judgment.

B. If a judgment has been rendered, in accordance with Article 2374(C) or (D), a reconciliation reestablishes the regime of community property between the spouses retroactively to the day of its termination, unless prior to the reconciliation the spouses execute a matrimonial agreement to the contrary. This agreement need not be approved by the court and is effective toward third persons when filed for registry in the manner provided by Article 2332. The reestablishment of the community is effective toward third persons when a notice thereof is filed for registry in the same manner.

C. If a judgment is rendered on the ground that the spouses were living separate and apart without having reconciled for at least thirty days from the date of, or prior to, the filing of the petition for divorce, the judgment shall be effective retroactively to the date the petition for divorce was filed, without prejudice to rights validly acquired in the interim.

Acts 1992, No. 295, §1; Acts 1993, No. 25, §1; Acts 1993, No. 627, §1; Acts 1997, No. 35, §1; Acts 2010, No. 603, §1, eff. June 25, 2010; Acts 2017, No. 197, §1.
La. Code Civ. Proc. art. 2721 — LA Code / Code code-of-civil-procedure / Article 2721
Seizure of property; notice
Status: in_force

A. The sheriff shall seize the property affected by the mortgage, security agreement, or privilege immediately upon receiving the writ of seizure and sale.

B. The sheriff shall serve upon the defendant a written notice of the seizure of the property. The notice of seizure shall be accomplished by personal service or domiciliary service. The notice of seizure shall reproduce in full the provisions of Article 2642 and include information concerning the time, date, and place of the sheriff's sale, in accordance with the form provided in R.S. 13:3852(B). If the sheriff's sale is to be conducted through an online auction in accordance with Article 2344, the notice of seizure, or a subsequent notice served upon the defendant at least three days before the sale, shall state that the sheriff's sale will be conducted through an online auction, shall specify the date of the online auction and the time when bidding is scheduled to open, and shall identify the electronic address of the platform through which bids can be entered.

C. If the seized property is residential property, the notice of seizure shall include information concerning the availability of housing counseling services, in accordance with the form provided in R.S. 13:3852(B).

D. The sheriff shall have no liability to the debtor or to any third party for wrongful or improper seizure of the debtor's or third party's property of the same general type as described in the debtor's security agreement. If necessary, the sheriff shall request the secured creditor to identify the property subject to the security agreement and shall act pursuant to the secured creditor's instructions. The debtor's and other owner's sole remedy for the wrongful or improper seizure of the property shall be for actual losses sustained under R.S. 10:9-625 against the secured creditor on whose behalf and pursuant to whose instructions the sheriff may act.

Acts 1989, No. 137, §18, eff. Sept. 1, 1989; Acts 2001, No. 128, §17, eff. July 1, 2001; Acts 2006, No. 498, §1; Acts 2013, No. 339, §2; Acts 2016, No. 132, §1; Acts 2021, No. 259, §2; Acts 2023, No. 390, §1.
La. Code Evid. art. 408 — LA Code / Code code-of-evidence / Article 408
Compromise and offers to compromise
Status: in_force

A. Civil cases. In a civil case, evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or offering or promising to accept, anything of value in compromising or attempting to compromise a claim which was disputed as to either validity or amount, is not admissible to prove liability for or invalidity of the claim or its amount. Evidence of conduct or statements made in compromise negotiations is likewise not admissible. This Article does not require the exclusion of any evidence otherwise admissible merely because it is presented in the course of compromise negotiations. This Article also does not require exclusion when the evidence is offered for another purpose, such as proving bias or prejudice of a witness, negativing a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.

B. Criminal cases. This Article does not require the exclusion in a criminal case of evidence of the actions or statements described in Paragraph A, above, or of a giving or offer to give anything of value by the accused in direct or indirect restitution to a victim.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Civ. Code art. 562 — LA Code / Code civil-code / Article 562
Usufruct of timberlands.
Status: in_force

When the usufruct includes timberlands, the usufructuary is bound to manage them as a prudent administrator. The proceeds of timber operations that are derived from proper management of timberlands belong to the usufructuary.

Acts 1976, No. 103, §1.
La. Code Civ. Proc. art. 2892 — LA Code / Code code-of-civil-procedure / Article 2892
Use of probate testimony in subsequent action
Status: in_force

When a testament has been probated in accordance with law, the record of the substance of the testimony of any witness at the hearing, and the deposition of any witness taken under Article 2889, shall be admissible in evidence in any subsequent action in which it is sought to annul the testament, if at the time of trial thereof the witness has died, or for any other reason his testimony cannot be taken again either by subpoenaing him to appear at the trial, or by deposition.
La. Code Civ. Proc. art. 1473 — LA Code / Code code-of-civil-procedure / Article 1473
Failure to attend deposition, serve answers or respond to request for inspection
Status: in_force

If a party or an officer, director, or managing agent of a party or a person designated under Articles 1442 or 1448 to testify on behalf of a party fails to appear before the officer who is to take his deposition, after being served with a proper notice, or to serve answers or objections to interrogatories submitted under Article 1457, after proper service of the interrogatories, or to serve a written response to a request for inspection submitted under Article 1461, after proper service of the request, the court in which the action is pending on motion may make such orders in regard to the failure as are just, and among others it may take any action authorized under Paragraphs (1), (2), and (3) of Article 1471. In lieu of any order or in addition thereto, the court shall require the party failing to act or the attorney advising him or both to pay the reasonable expenses, including attorney's fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust.

The failure to act described in this Article may not be excused on the ground that the discovery sought is objectionable unless the party failing to act has applied for a protective order as provided by Article 1426.

Acts 1976, No. 574, §1.
La. Code Crim. Proc. art. 216 — LA Code / Code code-of-criminal-procedure / Article 216
Time and place of making arrest
Status: in_force

An arrest may be made on any day and at any time of the day or night, and at any place.
La. Ch. Code art. 328.1 — LA Code / Code childrens-code / Article 328.1
Admissibility in civil, family, and administrative proceedings; discovery; confidentiality
Status: in_force

A.(1) A court with civil or family jurisdiction or an administrative law judge may authorize the issuance of a subpoena duces tecum for the production of a videotape of a protected person made pursuant to this Article for good cause shown. The subpoena duces tecum shall order that the videotape of the protected person be returnable to the court for inspection. If the court determines that the videotape is relevant and necessary to the case under review, the court may order in writing that the videotape be disclosed to the attorneys of record for each party, subject to a protective order pursuant to Subparagraph (2) of this Paragraph.

(2) The protective order shall include all of the following information:

(a) Names of the attorneys of record in the case and their regularly employed staff, paralegal, or expert witnesses, who are the only individuals permitted to view or be in possession of the videotape.

(b) The videotape is in the exclusive custody of the court and that the videotape shall not be copied, photographed, duplicated, or otherwise reproduced except as a written transcript that protects the identity of the protected person by the use of initials.

(c) If the party is not represented by an attorney, the party and the employees or retained expert witnesses of the party shall not be given a copy of the videotape but shall be given reasonable access to view the recording by the custodian of the recording.

(d) Attorneys and custodians of the videotape shall file their copy of the videotape under seal into the record of the proceedings upon termination of representation or upon disposition of the matter at the trial level.

(e) The unlawful possession, selling, duplicating, distributing, transferring, or copying of any videotape of protected persons is punishable pursuant to R.S. 14:81.5.

B. Any violation of this Article shall be punished as contempt of court.

C. Nothing in this Article is intended to restrict the ability of the Department of Children and Family Services or law enforcement from sharing information as authorized or required by state or federal law.

Acts 2024, No. 654, §2.
La. Civ. Code art. 1829 — LA Code / Code civil-code / Article 1829
Subrogation by operation of law
Status: in_force

Subrogation takes place by operation of law:

(1) In favor of an obligee who pays another obligee whose right is preferred to his because of a privilege, pledge, mortgage, or security interest;

(2) In favor of a purchaser of movable or immovable property who uses the purchase money to pay creditors holding any privilege, pledge, mortgage, or security interest on the property;

(3) In favor of an obligor who pays a debt he owes with others or for others and who has recourse against those others as a result of the payment;

(4) In favor of a successor who pays estate debts with his own funds; and

(5) In the other cases provided by law.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985; Acts 1989, No. 137, §16, eff. Sept. 1, 1989; Acts 2001, No. 572, §1.
La. Civ. Code art. 3222 — LA Code / Code civil-code / Article 3222
THE PRIVILEGE OF A DEPOSITOR
Status: in_force

Art. 3222. Privilege of depositor on thing deposited.

He who deposits a thing in the hands of another still remains the owner of it.

Consequently his claim to it is preferred to that of the other creditors of the depositary, and he may demand the restitution of it,* if he can prove the deposit, in the same manner as is required in agreements for sums of money, and if the thing reclaimed be identically the same which he deposited.

*English translation of French text incomplete; should include "in kind."
La. Civ. Code art. 152 — LA Code / Code civil-code / Article 152
Proceeding for declaration of nullity of a marriage; final incidental relief
Status: in_force

After the declaration of nullity of a marriage, a party entitled to the civil effects of marriage may seek the same relief as may a divorced spouse.

Incidental relief granted pending declaration of nullity to a party not entitled to the civil effects of marriage shall terminate upon the declaration of nullity.

Nevertheless, a party not entitled to the civil effects of marriage may be awarded custody, child support, or visitation. The award shall not terminate as a result of the declaration of nullity.

Acts 1993, No. 108, §1, eff. Jan. 1, 1994.
La. Ch. Code art. 301 — LA Code / Code childrens-code / Article 301
Definitions
Status: in_force

As used in this Title, "nonmetropolitan area" means a parish whose largest city has a population of fifty thousand or less and where the population of the entire parish is less than one hundred thousand.

Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2022, No. 271, §6.
La. Ch. Code art. 908.1 — LA Code / Code childrens-code / Article 908.1
AIDS and sexually transmitted diseases; victim's testing and services
Status: in_force

When a juvenile is adjudicated a delinquent for a sexual offense as defined in R.S. 14:42 through 43.4, the provisions of R.S. 15:535(C) and (D) shall apply.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2008, No. 678, §2.
La. Civ. Code art. 467 — LA Code / Code civil-code / Article 467
Immovables by declaration.
Status: in_force

The owner of an immovable may declare that machinery, appliances, and equipment owned by him and placed on the immovable, other than his private residence, for its service and improvement are deemed to be its component parts. The declaration shall be filed for registry in the conveyance records of the parish in which the immovable is located.

Acts 1978, No. 728, §1.
La. Code Crim. Proc. art. 327.1 — LA Code / Code code-of-criminal-procedure / Article 327.1
Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Status: repealed

Acts 1997, No. 1156, §3; Acts 2003, No. 750, §2; Acts 2012, No. 197, §3; Acts 2014, No. 317, §6; Acts 2015, No. 242, §1; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
La. Civ. Code art. 760 — LA Code / Code civil-code / Article 760
More extensive use than title.
Status: in_force

A more extensive use of the servitude than that granted by the title does not result in the acquisition of additional rights for the dominant estate unless it be by acquisitive prescription.

Acts 1977, No. 514, §1.
La. Civ. Code art. 1422 — LA Code / Code civil-code / Article 1422
Debts attributable to identifiable or encumbered property
Status: in_force

Estate debts that are attributable to identifiable property or to the production of its fruits or products are charged to that property and its fruits and products. Also, when the decedent has encumbered property to secure a debt, the debt is presumptively charged to that property and its fruits and products. The presumption may be rebutted, by a preponderance of the evidence that the secured debt is not attributable to the encumbered property.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Code Civ. Proc. art. 1975 — LA Code / Code code-of-civil-procedure / Article 1975
Application for new trial; verifying affidavit
Status: in_force

A motion for a new trial shall set forth the grounds upon which it is based. When the motion is based on Article 1972(2) and (3), the allegations of fact therein shall be verified by the affidavit of the applicant.
La. Code Civ. Proc. art. 3825 — LA Code / Code code-of-civil-procedure / Article 3825
Answer; production of person in custody
Status: in_force

The person upon whom the writ has been served, whether it is directed to him or not, shall file an answer stating whether he has custody of the person named in the writ. If the person is in his custody, he shall produce him and state in his answer by what authority he holds the person detained.
La. Civ. Code art. 3368 — LA Code / Code civil-code / Article 3368
Cancellation of judicial mortgage arising from judgment that has prescribed
Status: in_force

Notwithstanding the reinscription of a judicial mortgage created by the filing of a judgment of a court of this state, the recorder shall cancel the judicial mortgage from his records upon any person's written request to which is attached a certificate from the clerk of the court rendering the judgment that no suit or motion was filed for its revival within the time required by Article 3501 or of a certified copy of a final and definitive judgment of the court rejecting the demands of the plaintiff in a suit or motion to revive the judgment.

Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005; Acts 2014, No. 281, §1, eff. Jan. 1, 2015.

NOTE: Acts 2005, 1st Ex. Sess., No. 13, §1, changed the effective date of Acts 2005, No. 169, to July 1, 2006.
La. Civ. Code art. 3357 — LA Code / Code civil-code / Article 3357
Duration; general rule
Status: in_force

Except as otherwise expressly provided by law, the effect of recordation of an instrument creating a mortgage or pledge or evidencing a privilege ceases ten years after the date of the instrument.

Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005; Acts 2014, No. 281, §1, eff. Jan. 1, 2015.

NOTE: Acts 2005, 1st Ex. Sess., No. 13, §1, changed the effective date of Acts 2005, No. 169, to July 1, 2006.
La. Code Civ. Proc. art. 1455 — LA Code / Code code-of-civil-procedure / Article 1455
Objections, competency of witnesses; relevancy of testimony; manner or form of taking deposition
Status: in_force

Objections to the competency of a witness or to the competency, relevancy, or materiality of testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground of the objection is one which might have been obviated or removed if presented at that time.

Objections to errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of the questions or answers, in the oath or affirmation, or in the conduct of parties, and errors of any kind which might be obviated, removed, or cured if promptly presented, are waived unless seasonably made at the taking of the deposition.

Objections to the form of written questions submitted under Articles 1448 and 1449 are waived unless served in writing upon the party propounding them within the time allowed for serving the succeeding cross questions and within five days after service of the last questions authorized.

Acts 1976, No. 574, §1.
La. Code Civ. Proc. art. 3656 — LA Code / Code code-of-civil-procedure / Article 3656
Same; parties; venue
Status: in_force

A. A possessory action may be brought by one who possesses for himself. A person entitled to the use or usufruct of immovable property, and one who owns a real right therein, possesses for himself. A possessory action may also be brought by a precarious possessor against anyone except the person for whom he possesses.

B. The possessory action shall be brought against the person who caused the disturbance, and in the venue provided by Article 80(A)(1), even when the plaintiff prays for a judgment for the fruits and revenues of the property, or for damages.

Acts 2010, No. 185, §1; Acts 2023, No. 421, §2.