FrankGoortani/open-us-law huggingface dataset:
La. Code Crim. Proc. art. 409.2 — LA Code / Code code-of-criminal-procedure / Article 409.2
Jefferson Parish central jury pool
Status: in_force

A. The judges of the Twenty-Fourth Judicial District Court for the parish of Jefferson, sitting en banc by majority vote may create a central jury pool for criminal and/or civil juries for the Twenty-Fourth Judicial District Court for the parish of Jefferson, which shall be administered by the jury commission for the parish of Jefferson as hereinafter provided.

B. The jury selection shall be administered by the jury commission for the parish of Jefferson as provided by law, except that the provisions of Article 417(B) shall not apply to Jefferson Parish.

C. The judges of the Twenty-Fourth Judicial District Court for the parish of Jefferson, acting en banc shall by majority vote determine the system, method, and number of jurors to serve in the central jury pool for criminal and/or civil juries for a given term whether daily, weekly, or monthly, and may specify jury days for a particular term. Likewise, all other matters relative to the operating procedures of the central jury pool shall be determined by the judges of the Twenty-Fourth Judicial District Court for the parish of Jefferson, acting en banc by a majority vote, including the designation of persons to administer the central jury pool.

D. The jury commission shall select the number of jurors to serve in the central jury pool as hereinabove determined by the judges of the Twenty-Fourth Judicial District Court, acting en banc and by the method now prescribed by law for jury selection.

E. The jurors so selected may serve as jurors in either criminal and/or civil matters in the method and manner prescribed by majority vote of the judges of the Twenty-Fourth Judicial District Court for the parish of Jefferson sitting en banc.

F. The provisions of this section shall be cumulative of and in addition to the method now prescribed by law for the selection of jury panels for the Twenty-Fourth Judicial District Court for the parish of Jefferson, except that those provisions in conflict with this Act are hereby repealed and declared invalid insofar as they apply to the Twenty-Fourth Judicial District Court for the parish of Jefferson.

Added by Acts 1976, No. 232, §1; Acts 1995, No. 1012, §1, eff. June 29, 1995; Acts 1995, No. 1273, §1; Acts 1995, No. 1277, §1.
La. Civ. Code art. 688 — LA Code / Code civil-code / Article 688
Branches or roots of trees, bushes, or plants on neighboring property.
Status: in_force

A landowner has the right to demand that the branches or roots of a neighbor's trees, bushes, or plants, that extend over or into his property be trimmed at the expense of the neighbor.

A landowner does not have this right if the roots or branches do not interfere with the enjoyment of his property.

Acts 1977, No. 514, §1.
La. Code Civ. Proc. art. 3651 — LA Code / Code code-of-civil-procedure / Article 3651
Petitory action
Status: in_force

The petitory action is one brought by a person who claims the ownership of, but who does not have the right to possess, immovable property or a real right therein, against another who is in possession or who claims the ownership thereof adversely, to obtain judgment recognizing the plaintiff's ownership.

Amended by Acts 1981, No. 256, §1; Acts 2023, No. 421, §2.
La. Civ. Code art. 1956 — LA Code / Code civil-code / Article 1956
Fraud committed by a third person
Status: in_force

Fraud committed by a third person vitiates the consent of a contracting party if the other party knew or should have known of the fraud.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 2676 — LA Code / Code civil-code / Article 2676
Agreement as to the rent
Status: in_force

The rent shall be fixed by the parties in a sum either certain or determinable through a method agreed by them. It may also be fixed by a third person designated by them.

If the agreed method proves unworkable or the designated third person is unwilling or unable to fix the rent, then there is no lease.

If the rent has been established and thereafter is subject to redetermination either by a designated third person or through a method agreed to by the parties, but the third person is unwilling or unable to fix the rent or the agreed method proves unworkable, the court may either fix the rent or provide a similar method in accordance with the intent of the parties.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Code Civ. Proc. art. 2167 — LA Code / Code code-of-civil-procedure / Article 2167
Supreme court judgment rehearing; finality; stay
Status: in_force

A. Within fourteen days of the transmission of the notice of judgment in the supreme court, a party may apply to the court for a rehearing.

B. A judgment of the supreme court becomes final and definitive when the delay for application for rehearing has expired and no timely application therefor has been made.

C. When an application for rehearing has been applied for timely, a judgment of the supreme court becomes final and definitive when the application is denied. The supreme court may stay the execution of the judgment pending a timely application for certiorari or an appeal to the United States Supreme Court.

D. For the purposes of this Article, "transmission of the notice" means the sending of the notice via the United States Postal Service, electronic mail, or facsimile.

Amended by Acts 1977, No. 180, §1, eff. Jan. 1, 1978; Acts 1982, No. 163, §1; Acts 2012, No. 290, §1, eff. Jan. 1, 2013.
La. Civ. Code art. 1813 — LA Code / Code civil-code / Article 1813
Impossibility or unlawfulness of all items of performance
Status: in_force

If all of the items of performance contemplated in the alternative obligation become impossible or unlawful without the obligor's fault, the obligation is extinguished.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Civ. Proc. art. 2005 — LA Code / Code code-of-civil-procedure / Article 2005
Annulment of judgments; effect of appeal
Status: in_force

A judgment may be annulled prior to or pending an appeal therefrom, or after the delays for appealing have elapsed.

A judgment affirmed, reversed, amended, or otherwise rendered by an appellate court may be annulled only when the ground for nullity did not appear in the record of appeal or was not considered by the appellate court.

An action of nullity does not affect the right to appeal.
La. Civ. Code art. 671 — LA Code / Code civil-code / Article 671
Destruction of private property to arrest fire.
Status: in_force

Governing bodies of parishes and municipalities are authorized to adopt regulations determining the mode of proceeding to prevent the spread of fire by the destruction of buildings.

When private property is so destroyed in order to combat a conflagration, the owner shall be indemnified by the political subdivision for his actual loss.

Acts 1977, No. 514, §1.
La. Civ. Code art. 1548 — LA Code / Code civil-code / Article 1548
Unemancipated minor; persons authorized to accept
Status: in_force

A donation made to an unemancipated minor may be accepted by a parent or other ascendant of the minor or by his tutor, even if the person who accepts is also the donor.

Acts 1988, No. 546, §1; Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
La. Civ. Code art. 2615 — LA Code / Code civil-code / Article 2615
Judicial dissolution
Status: in_force

In an action for judicial dissolution of a sale of movable things the court must grant dissolution, upon proof of the defendant's failure to perform, without allowing that party any additional time to render performance.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Crim. Proc. art. 324 — LA Code / Code code-of-criminal-procedure / Article 324
Unsecured personal surety
Status: in_force

A. A person in custody may be released by order of the court on an unsecured personal surety bail undertaking. An unsecured personal surety is a personal surety where the surety satisfies all the requirements of Article 311(5) and lives and resides in the state of Louisiana without specifically mortgaging or giving a security interest in any property as security to guarantee the surety's performance.

B. A personal surety shall execute an affidavit that he possesses the sufficiency and qualifications of a personal surety and that he is not disqualified from becoming a surety by Article 327. The affidavit shall list the number and amount of undischarged bail undertakings, if any, entered into by the personal surety. The officer accepting the bail may require the personal surety to state in his affidavit the nature and value of his property not exempt from execution, and the amount of his liabilities. An officer authorized to accept the bail shall have authority to administer any affidavit required of the person signing a bail undertaking.

Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 1994, 3rd Ex. Sess., No. 52, §1, eff. Sept. 1, 1994; Acts 2000, 1st Ex. Sess., No. 95, §1; Acts 2011, 1 st Ex. Sess., No. 16, §1; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
La. Civ. Code art. 2506 — LA Code / Code civil-code / Article 2506
Rights of buyer against seller in case of eviction
Status: in_force

A buyer who avails himself of the warranty against eviction may recover from the seller the price he paid, the value of any fruits he had to return to the third person who evicted him, and also other damages sustained because of the eviction with the exception of any increase in value of the thing lost.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 3453 — LA Code / Code civil-code / Article 3453
Rights of creditors and other interested parties
Status: in_force

Creditors and other persons having an interest in the acquisition of a thing or in the extinction of a claim or of a real right by prescription may plead prescription, even if the person in whose favor prescription has accrued renounces or fails to plead prescription.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Civ. Code art. 1901 — LA Code / Code civil-code / Article 1901
Compensation by agreement
Status: in_force

Compensation of obligations may take place also by agreement of the parties even though the requirements for compensation by operation of law are not met.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 2494 — LA Code / Code civil-code / Article 2494
Sale of immovable for lump price
Status: in_force

When the sale of an immovable has been made with indication of the extent of the premises, but for a lump price, the expression of the measure does not give the seller the right to a proportionate increase of the price, nor does it give the buyer the right to a proportionate diminution of the price, unless there is a surplus, or a shortage, of more than one twentieth of the extent specified in the act of sale.

When the surplus is such as to give the seller the right to an increase of the price the buyer has the option either to pay that increase or to recede from the contract.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Civ. Proc. art. 596 — LA Code / Code code-of-civil-procedure / Article 596
Prescription; suspension
Status: in_force

A. Liberative prescription on the claims arising out of the transactions or occurrences described in a petition brought on behalf of a class is suspended on the filing of the petition as to all members of the class as defined or described therein. Prescription which has been suspended as provided herein, begins to run again:

(1) As to any person electing to be excluded from the class, thirty days from the submission of that person's election form;

(2) As to any person excluded from the class pursuant to Article 592, thirty days after mailing or other delivery or publication of a notice to such person that the class has been restricted or otherwise redefined so as to exclude him; or

(3) As to all members, thirty days after mailing or other delivery or publication of a notice to the class that the action has been dismissed, that the demand for class relief has been stricken pursuant to Article 592, or that the court has denied a motion to certify the class or has vacated a previous order certifying the class.

B. The time periods in Subparagraphs (A)(2) and (3) of this Article commence upon the expiration of the delay for taking an appeal if there is no appeal, or when an appeal becomes final and definitive. The notice required by Subparagraphs (A)(2) and (3) of this Article shall contain a statement of the delay periods provided herein.

Acts 1997, No. 839, §1, eff. July 1, 1997; Acts 2010, No. 185, §1.
La. Civ. Code art. 2777 — LA Code / Code civil-code / Article 2777
Privilege of workmen on ships and boats.
Status: in_force

Workmen employed in the construction or repair of ships and boats, enjoy the privilege established above, without being bound to reduce their contracts to writing, whatever may be their amount, provided the statement of the claim is recorded in the manner required by law; but this privilege ceases, if they have allowed the ship or boat to depart, without exercising their right.
La. Code Crim. Proc. art. 227 — LA Code / Code code-of-criminal-procedure / Article 227
Rearrest after escape
Status: in_force

If a person lawfully arrested escapes or is rescued, the person from whose custody he escaped or was rescued may pursue and retake him immediately without a warrant at any time and in any place within the state. He may use the same means to retake as are authorized for an arrest.
La. Code Crim. Proc. art. 23 — LA Code / Code code-of-criminal-procedure / Article 23
Constructive contempt
Status: in_force

A constructive contempt of court is any contempt other than a direct one.

A constructive contempt includes, but is not limited to any of the following acts:

(1) Willful neglect or violation of duty by a clerk, sheriff, or other person elected, appointed, or employed to assist the court in the administration of justice;

(2) Willful disobedience of any lawful judgment, order, mandate, writ, or process of court;

(3) Removal or attempted removal of any person or of property in the custody of an officer acting under the authority of a judgment, order, mandate, writ, or process of the court;

(4) Unlawful detention of a witness, the defendant or his attorney, or the district attorney, while going to, remaining at, or returning from the court;

(5) Improper conversation by a juror or venireman with any person relative to the merits of a case which is being, or may be, tried by a jury of which the juror is a member, or of which the venireman may become a member; or receipt by a juror or venireman of a communication from any person with reference to such a case without making an immediate disclosure to the court of the substance thereof;

(6) Assuming to act as a juror, or as an attorney or other officer of the court, without lawful authority;

(7) Willful disobedience by an inferior court, judge, or other official thereof, of the lawful judgment, order, mandate, writ, or process of an appellate court, rendered in connection with an appeal from a judgment or order of the inferior court, or in connection with a review of such judgment or order under a supervisory writ.
La. Civ. Code art. 561 — LA Code / Code civil-code / Article 561
Mines and quarries.
Status: in_force

The rights of the usufructuary and of the naked owner in mines and quarries are governed by the Mineral Code.

Acts 1976, No. 103, §1.
La. Civ. Code art. 3449 — LA Code / Code civil-code / Article 3449
Renunciation of prescription
Status: in_force

Prescription may be renounced only after it has accrued.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Code Civ. Proc. art. 1351 — LA Code / Code code-of-civil-procedure / Article 1351
Issuance; form
Status: in_force

The clerk of the court wherein the action is pending, at the request of the court or a party, shall issue subpoenas for the attendance of witnesses at hearings or trials. A subpoena shall issue under the seal of the court. It shall state the name of the court and the title of the action and shall command the attendance of the witness at a time and place specified, until discharged.

Acts 2025, No. 250, §3.
La. Ch. Code art. 422 — LA Code / Code childrens-code / Article 422
Juvenile traffic referee
Status: in_force

A. The judge, or a majority of the judges of a court, may appoint persons to serve as juvenile traffic referees to adjudicate and dispose of traffic violations, when authorized by local rule of court under Article 401. The adjudication and disposition shall be held in the parish where the juvenile is domiciled with his parent or tutor or the parish in which the child is residing. If the violation occurred in a different parish, the court in that parish shall transfer the case to the juvenile court in the parish where the child is domiciled or resides for adjudication and disposition.

B. Any person appointed to serve as a juvenile traffic referee shall have been admitted to the practice of law in this state for at least five years prior to his appointment and shall be domiciled in the district or parish in which the court is located.

C. Any person who is serving and, since September 6, 1985, has served as a juvenile traffic referee without having had the qualifications set forth in this Article may continue to serve in that capacity and all acts performed by such a person in that capacity from and after September 6, 1985, are hereby ratified, confirmed, and validated.

Acts 1991, No. 235, §4, eff. Jan. 1, 1992; Acts 1993, No. 684, §1.
La. Civ. Code art. 2713 — LA Code / Code civil-code / Article 2713
Lessee's right to sublease, assign, or encumber
Status: in_force

The lessee has the right to sublease the leased thing or to assign or encumber his rights in the lease, unless expressly prohibited by the contract of lease. A provision that prohibits one of these rights is deemed to prohibit the others, unless a contrary intent is expressed. In all other respects, a provision that prohibits subleasing, assigning, or encumbering is to be strictly construed against the lessor.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Code Civ. Proc. art. 740 — LA Code / Code code-of-civil-procedure / Article 740
Corporation; limited liability company; partnership in receivership or liquidation
Status: in_force

A. Except as otherwise provided by law, the receiver or liquidator of a domestic or foreign corporation, a domestic or foreign limited liability company, or a domestic or foreign partnership, appointed by a court of this state is the proper defendant in an action to enforce an obligation of the corporation, limited liability company, or partnership, or of its receiver or liquidator.

B. The receiver or liquidator may be sued without the necessity of obtaining permission therefor from the court which appointed him.

Acts 1999, No. 145, §2.
La. Ch. Code art. 707 — LA Code / Code childrens-code / Article 707
Intervention
Status: in_force

A. For good cause shown, the court or administrative review body may allow any interested person, agency, or organization to intervene in the permanency review proceedings to facilitate the permanent plan for the child and to insure that the best interests of the child are protected.

B. Upon motion of a party and for good cause shown, the court or administrative review body may limit the nature and extent of intervenor's participation in the hearing.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999.
La. Ch. Code art. 106 — LA Code / Code childrens-code / Article 106
Number, gender
Status: in_force

Unless the context clearly indicates otherwise:

(1) Words used in the singular number apply also to the the plural; words used in the plural number include the singular.

(2) Words used in one gender apply also to the other.

Acts 1991, No. 235, §1, eff. Jan. 1, 1992.
La. Code Crim. Proc. art. 920 — LA Code / Code code-of-criminal-procedure / Article 920
Scope of appellate review
Status: in_force

The following matters and no others shall be considered on appeal:

(1) An error designated in the assignment of errors; and

(2) An error that is discoverable by a mere inspection of the pleadings and proceedings and without inspection of the evidence.

Amended by Acts 1974, No. 207, §1.
La. Code Crim. Proc. art. 322 — LA Code / Code code-of-criminal-procedure / Article 322
Commercial surety
Status: in_force

A surety company authorized to do business in the state of Louisiana may become surety for the release of a person on a bail undertaking. The sufficiency of security posted in the form of an appearance bond by a surety company, as required by the provisions of Title 22 of the Louisiana Revised Statutes of 1950, shall be determined solely by the commissioner of insurance. A contract to indemnify a surety company against loss on a bail undertaking is valid and enforceable.

Acts 1985, No. 232, §1; Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2006, No. 246, §1; Acts 2010, No. 710, §1; Acts 2010, No. 914, §§1, 5; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
La. Ch. Code art. 1028 — LA Code / Code childrens-code / Article 1028
Restrictive; discovery
Status: in_force

A. The court may limit, modify, or restrict discovery upon written motion and a showing of good cause, such as a claim of confidentiality under R.S. 46:56. Such showing may be made ex parte if the interests of justice so require.

B. If the court restricts, limits, or modifies its order, the written motion showing good cause may be sealed and shall be placed in the record of the proceeding.

Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999.
La. Civ. Code art. 1618 — LA Code / Code civil-code / Article 1618
Formalities for disinherison
Status: in_force

A disinherison must be made in one of the forms prescribed for testaments.

Acts 2001, No. 573, §1, eff. June 22, 2001.
La. Ch. Code art. 424.4 — LA Code / Code childrens-code / Article 424.4
CASA; notice
Status: in_force

A. The CASA volunteer shall be notified by the court of all court proceedings and hearings of any kind pertaining to a child for whom he is assigned.

B. The CASA volunteer shall be notified by the department and shall be entitled to attend all administrative review hearings and family team meetings concerning the case to which he has been assigned, unless the parent objects.

Acts 1999, No. 275, §1, eff. July 1, 1999; Acts 2018, No. 320, §1.
La. Code Civ. Proc. art. 4235 — LA Code / Code code-of-civil-procedure / Article 4235
Authority and liability of tutor after resignation or removal
Status: in_force

A tutor who has resigned or has been removed shall have no further authority as such, and no further duty except as provided by Article 4392. However, his liability for acts prior to his resignation or removal shall not be affected thereby.
La. Code Civ. Proc. art. 644 — LA Code / Code code-of-civil-procedure / Article 644
Party plaintiff who refuses or fails to sue
Status: in_force

If a party subject to the jurisdiction of the court should join as a plaintiff but refuses or fails to do so, he may be joined as a defendant and required to assert his rights in the action or be precluded thereafter from asserting them.

Acts 1995, No. 662, §1.
La. Code Civ. Proc. art. 4735 — LA Code / Code code-of-civil-procedure / Article 4735
Appeal; bond
Status: in_force

An appeal does not suspend execution of a judgment of eviction unless the defendant has answered the rule under oath, pleading an affirmative defense entitling him to retain possession of the premises, and the appeal has been applied for and the appeal bond filed within twenty-four hours after the rendition of the judgment of eviction. The amount of the suspensive appeal bond shall be determined by the court in an amount sufficient to protect the appellee against all such damage as he may sustain as a result of the appeal.
La. Civ. Code art. 124 — LA Code / Code civil-code / Article 124
Prescription of spousal claim for contributions
Status: in_force

The action for contributions made to the education or training of a spouse prescribes in three years from the date of the signing of the judgment of divorce or declaration of nullity of the marriage.

Acts 1990, No. 1008, §2, eff. Jan. 1, 1991.