FrankGoortani/open-us-law huggingface dataset:
La. Code Evid. art. 608 — LA Code / Code code-of-evidence / Article 608
Attacking or supporting credibility by character evidence
Status: in_force

A. Reputation evidence of character. The credibility of a witness may be attacked or supported by evidence in the form of general reputation only, but subject to these limitations:

(1) The evidence may refer only to character for truthfulness or untruthfulness.

(2) A foundation must first be established that the character witness is familiar with the reputation of the witness whose credibility is in issue. The character witness shall not express his personal opinion as to the character of the witness whose credibility is in issue.

(3) Inquiry into specific acts on direct examination while qualifying the character witness or otherwise is prohibited.

B. Particular acts, vices, or courses of conduct. Particular acts, vices, or courses of conduct of a witness may not be inquired into or proved by extrinsic evidence for the purpose of attacking his character for truthfulness, other than conviction of crime as provided in Articles 609 and 609.1 or as constitutionally required.

C. Cross-examination of character witnesses. A witness who has testified to the character for truthfulness or untruthfulness of another witness may be cross-examined as to whether he has heard about particular acts of that witness bearing upon his credibility.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Code Civ. Proc. art. 1882 — LA Code / Code code-of-civil-procedure / Article 1882
Provisions independent and severable
Status: in_force

Articles 1873 through 1883 are declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of the articles invalid or inoperative.
La. Civ. Code art. 3026 — LA Code / Code civil-code / Article 3026
Incapacity of the principal
Status: in_force

In the absence of contrary agreement, neither the contract nor the authority of the mandatary is terminated by the principal's incapacity, disability, or other condition that makes an express revocation of the mandate impossible or impractical.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
La. Code Civ. Proc. art. 3182 — LA Code / Code code-of-civil-procedure / Article 3182
Removal
Status: in_force

The court may remove any succession representative who is or has become disqualified, has become incapable of discharging the duties of his office, has mismanaged the estate, has failed to perform any duty imposed by law or by order of court, has ceased to be a domiciliary of the state without appointing an agent as provided in Article 3097(4), or has failed to give notice of his application for appointment when required under Article 3093.

The court on its own motion may, and on motion of any interested party shall, order the succession representative sought to be removed to show cause why he should not be removed from office. The removal of a succession representative from office does not invalidate any of his official acts performed prior to his removal.
La. Code Crim. Proc. art. 777 — LA Code / Code code-of-criminal-procedure / Article 777
Recordation of proceedings
Status: in_force

A record of the trial proceedings shall be made in accordance with other provisions of law.
La. Code Civ. Proc. art. 1392 — LA Code / Code code-of-civil-procedure / Article 1392
Proof of statutes
Status: in_force

The court shall take judicial notice of the laws of the United States, of every state, territory, and other jurisdiction of the United States as provided by Code of Evidence Article 202.

Acts 2018, No. 184, §1.
La. Civ. Code art. 2500 — LA Code / Code civil-code / Article 2500
Eviction, definition, scope of warranty
Status: in_force

The seller warrants the buyer against eviction, which is the buyer's loss of, or danger of losing, the whole or part of the thing sold because of a third person's right that existed at the time of the sale. The warranty also covers encumbrances on the thing that were not declared at the time of the sale, with the exception of apparent servitudes and natural and legal nonapparent servitudes, which need not be declared.

If the right of the third person is perfected only after the sale through the negligence of the buyer, though it arises from facts that took place before, the buyer has no claim in warranty.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Ch. Code art. 919 — LA Code / Code childrens-code / Article 919
Procedure for expungement and sealing; motions; order
Status: in_force

A. A person may move for the expungement and sealing of his records and reports.

B. The motion for expungement and sealing shall be substantially in the form provided in Article 925 and shall state facts that constitute grounds for expungement and sealing under Article 918.

C. The motion for expungement and sealing shall be filed with the court possessing the records and reports, or with the court exercising juvenile jurisdiction over the arresting agency.

D. The motion shall be served personally or by domiciliary service, or by United States mail or electronic means, on the district attorney, the clerk of the court whose records and reports are sought to be expunged and sealed, and the head of any agency whose records and reports are sought to be expunged and sealed, including but not limited to the Federal Bureau of Investigation, the Louisiana Bureau of Criminal Identification and Information, the Department of Public Safety and Corrections, office of juvenile justice, and local law enforcement agencies.

E. Any person or agency that objects to the granting of the motion for a matter that resulted in a delinquency adjudication for a misdemeanor offense or for a felony offense shall file an affidavit of response in the form provided in Article 926, and a contradictory hearing shall be conducted with the district attorney and any agency whose records and reports are sought to be expunged and sealed.

F. If the court finds that the grounds have been established and that the person is entitled to expungement and sealing, the court shall order expungement and sealing.

Acts 1997, No. 1127, §1, eff. July 14, 1997; Acts 2017, No. 362, §1.
La. Code Crim. Proc. art. 853 — LA Code / Code code-of-criminal-procedure / Article 853
Time for filing motion for new trial
Status: in_force

A. Except as otherwise provided by this Article, a motion for a new trial must be filed and disposed of before sentence. The court, on motion of the defendant and for good cause shown, may postpone the imposition of sentence for a specified period in order to give the defendant additional time to prepare and file a motion for a new trial.

B. When the motion for a new trial is based on Article 851(B)(3) of this Code, the motion may be filed within one year after verdict or judgment of the trial court, although a sentence has been imposed or a motion for a new trial has been previously filed. However, if an appeal is pending, the court may hear the motion only on remand of the case.

C. When the motion for a new trial is based on Article 851(B)(6) of this Code, the motion may be filed within three years after the verdict or judgment of the trial court, although a sentence has been imposed or a motion for new trial has been previously filed. However, if an appeal is pending, the court may hear the motion only on remand of the case.

Acts 2014, No. 564, §6.
La. Ch. Code art. 1305.3 — LA Code / Code childrens-code / Article 1305.3
Employer's compliance with two or more income-withholding orders
Status: in_force

If the obligor's employer receives two or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for two or more child support obligees.

Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Code Crim. Proc. art. 2 — LA Code / Code code-of-criminal-procedure / Article 2
Purpose and construction
Status: in_force

The provisions of this Code are intended to provide for the just determination of criminal proceedings. They shall be construed to secure simplicity in procedure, fairness in administration, and the elimination of unjustifiable delay.
La. Code Crim. Proc. art. 841 — LA Code / Code code-of-criminal-procedure / Article 841
Bill of exceptions unnecessary; objections required
Status: in_force

A. An irregularity or error cannot be availed of after verdict unless it was objected to at the time of occurrence. A bill of exceptions to rulings or orders is unnecessary. It is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which he desires the court to take, or of his objections to the action of the court, and the grounds therefor.

B. The requirement of an objection shall not apply to the court's ruling on any written motion.

C. The necessity for and specificity of evidentiary objections are governed by the Louisiana Code of Evidence.

Amended by Acts 1974, No. 207, §1; Acts 1988, No. 515, §3, eff. Jan. 1, 1989.

{{NOTE: SEE ACTS 1988, NO. 515, §12.}}
La. Civ. Code art. 1834 — LA Code / Code civil-code / Article 1834
Act that fails to be authentic
Status: in_force

An act that fails to be authentic because of the lack of competence or capacity of the notary public, or because of a defect of form, may still be valid as an act under private signature.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 961 — LA Code / Code civil-code / Article 961
Effect of acceptance
Status: in_force

Acceptance obligates the successor to pay estate debts in accordance with the provisions of this Title and other applicable laws.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Civ. Code art. 754 — LA Code / Code civil-code / Article 754
Commencement of nonuse.
Status: in_force

Prescription of nonuse begins to run for affirmative servitudes from the date of their last use, and for negative servitudes from the date of the occurrence of an event contrary to the servitude.

An event contrary to the servitude is such as the destruction of works necessary for its exercise or the construction of works that prevent its exercise.

Acts 1977, No. 514, §1.
La. Code Civ. Proc. art. 3264 — LA Code / Code code-of-civil-procedure / Article 3264
Perishable property; crops
Status: in_force

Upon the petition of the succession representative as provided in Articles 3263 and 3271, the court may order the immediate sale of perishable property and growing crops either at public auction or private sale, without appraisal, and without advertisement, or with such advertisement as the court may direct.
La. Ch. Code art. 1635 — LA Code / Code childrens-code / Article 1635
Financing of the commission
Status: in_force

NOTE: Art. 1635 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.

A. The Interstate Commission shall pay, or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.

B. The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved by its members each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission which shall promulgate a rule binding upon all member states.

C. The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the member states, except by and with the authority of the member state.

D. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.

Acts 2010, No. 893, §1.
La. Ch. Code art. 1306.6 — LA Code / Code childrens-code / Article 1306.6
Procedure to contest validity or enforcement of registered support order
Status: in_force

A. A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by Article 1306.5. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to Article 1306.7.

B. If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.

C. If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.

Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Code Civ. Proc. art. 4733 — LA Code / Code code-of-civil-procedure / Article 4733
Warrant for possession if judgment of eviction not complied with
Status: in_force

If the lessee or occupant does not comply with the judgment of eviction within twenty-four hours after its rendition, the court shall issue immediately a warrant directed to and commanding its sheriff, constable, or marshal to deliver possession of the premises to the lessor or owner.
La. Code Crim. Proc. art. 705 — LA Code / Code code-of-criminal-procedure / Article 705
Effects of severance
Status: in_force

When the court has ordered severance of an indictment, the district attorney shall file separate indictments.

In the case of a grand jury indictment, no further action by the grand jury is required. Severed indictments shall be considered as filed on the date of the filing of the original indictment. Proceedings under the original indictment are not affected by the severance except insofar as they may be inconsistent with some other provision of this Code. The effects of a severance, as stated in this article, apply to severances under Articles 532(3) and 704.
La. Ch. Code art. 672.1 — LA Code / Code childrens-code / Article 672.1
Reunification efforts determination
Status: in_force

A. At any time in a child in need of care proceeding when a child is in the custody of the department, the department may file a motion for a judicial determination that efforts to reunify the parent and child are not required.

B. The department shall have the burden of demonstrating by clear and convincing evidence that reunification efforts are not required, considering the health, welfare, and safety of the child and the child's need for permanency.

C. Efforts to reunify the parent and child are not required if a court of competent jurisdiction has determined that:

(1) The parent has subjected the child to egregious conduct or conditions, including but not limited to any of the grounds for certification for adoption pursuant to Article 1015.

(2) The parent has committed murder or manslaughter of another child of the parent or any other child or has aided or abetted, attempted, conspired, or solicited to commit such a murder or manslaughter.

(3) The parent has committed a felony that results in serious bodily injury to the child or another child of the parent or any other child.

(4) The parental rights of the parent to a sibling have been terminated involuntarily.

D. If the court determines that reunification efforts are not required, it shall document that determination by written findings of fact. A permanency hearing, which considers in-state and out-of-state permanent placement options for the child, may be conducted immediately and shall be conducted within thirty days after the determination.

Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2001, No. 567, §1; Acts 2007, No. 334, §1; Acts 2012, No. 730, §1; Acts 2022, No. 272, §1.
La. Civ. Code art. 1947 — LA Code / Code civil-code / Article 1947
Form contemplated by parties
Status: in_force

When, in the absence of a legal requirement, the parties have contemplated a certain form, it is presumed that they do not intend to be bound until the contract is executed in that form.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Civ. Proc. art. 4844 — LA Code / Code code-of-civil-procedure / Article 4844
Amount in dispute; eviction proceedings
Status: in_force

Notwithstanding Articles 4842(A) and 4843, a parish court or city court shall, within its territorial jurisdiction, have jurisdiction, concurrent with the district court, over the following matters, regardless of the amount of daily, monthly, or yearly rent or the rent for the unexpired term of the lease or the annual value of the right of occupancy:

(1) Suits by owners and landlords for the possession of leased premises.

(2) Suits by landowners or lessors for eviction of occupants or tenants of leased residential premises.

(3) Suits to evict an occupant as defined by Article 4704.

(4) Suits by landowners or lessors for the eviction of occupants or tenants of leased commercial premises and leased farmlands.

Acts 1986, No. 156, §1; Acts 1995, No. 204, §1; Acts 1999, No. 102, §1; Acts 2010, No. 219, §1; Acts 2020, No. 205, §3, eff. June 11, 2020; Acts 2022, No. 361, §1; Acts 2024, No. 129, §1.
La. Civ. Code art. 481 — LA Code / Code civil-code / Article 481
Ownership and possession distinguished.
Status: in_force

The ownership and the possession of a thing are distinct.

Ownership exists independently of any exercise of it and may not be lost by nonuse. Ownership is lost when acquisitive prescription accrues in favor of an adverse possessor.

Acts 1979, No. 180, §1.
La. Ch. Code art. 640 — LA Code / Code childrens-code / Article 640
Service and return; child; resident parent; counsel
Status: in_force

A. For a child, through counsel, and for a parent who resides within the state, service of the petition, summons, and notice shall be made as soon as possible, and not less than fifteen days prior to commencement of the adjudication hearing on the matter, by any of the following means:

(1) Personal service.

(2) Domiciliary service.

(3) Certified mail.

(4) Electronic mail to the electronic mail address provided by counsel for the child or expressly designated by the parent in a pleading, at the continued custody or continued safety plan hearing, or at any other hearing at which the parent personally appeared before the court.

(5) Actual delivery by a commercial courier.

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

C. Service by electronic mail is complete upon transmission, provided that the sender receives an electronic confirmation of delivery.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2015, No. 124, §1, eff. June 19, 2015; Acts 2022, No. 272, §1.
La. Code Crim. Proc. art. 334.1 — LA Code / Code code-of-criminal-procedure / Article 334.1
Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Status: repealed

Acts 2006, No. 811, §1; Acts 2010, No. 914, §1; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
La. Code Crim. Proc. art. 211.1 — LA Code / Code code-of-criminal-procedure / Article 211.1
Persons with outstanding warrant; arrest or release of person
Status: in_force

A. Notwithstanding the provisions of Article 203, or any other provision of law to the contrary, when a peace officer stops a person who has an outstanding warrant or an attachment for failing to comply with a summons to appear in court on a misdemeanor offense, including a traffic offense, the officer in his discretion, may issue a summons based on such warrant or attachment in lieu of making an arrest if the warrant or attachment is issued in the jurisdiction where the detention occurs, or release the person or arrest the person pursuant to the provisions of Article 207, if the warrant or attachment was issued outside the jurisdiction where the detention occurs.

B. Any summons issued pursuant to this Article shall be in writing and shall be issued and signed by a magistrate or a peace officer in the name of the state. It shall state the offense charged and the name of the alleged offender, and shall command him to appear before the court designated in the summons at the time and place stated in the summons and to show proof that the obligation of the outstanding warrant has been fulfilled. A duplicate original of the summons shall be forwarded by the peace officer or a designee of the officer's employing agency to the court that issued the initial warrant within seventy-two hours, excluding weekends, of the issuance of the summons.

C. The provisions of this Article shall not apply to any of the following circumstances:

(1) When the information available to the officer indicates that the warrant or attachment was issued for any of the following offenses:

(a) Any offense involving the operation of a vehicle while intoxicated.

(b) Any offense involving the use or possession of a weapon.

(c) Any offense involving the use of force or violence, except the crime of simple battery unless the warrant or attachment indicates that the battery was prosecuted as a domestic abuse battery as defined in R.S. 14:35.3.

(d) Any offense or bench warrant issued involving the failure to pay a legal child support obligation.

(2) When the offender has an outstanding felony warrant.

D. In addition to any other legal remedies provided by law, any officer of the court may seek the collection of past due court costs, fines, or fees associated with the judicial system from state or federal tax refunds by sending notice to the federal secretary of the treasury or to the state treasurer that a person owes past due court costs, fines, or fees associated with the judicial system. The officer of the court shall comply with all rules and regulations imposed by the federal secretary of the treasury or the state treasurer including payment of any fee assessed by the secretary of the treasury or the state treasurer for the cost of applying the offset procedure.

Added by Acts 1981, No. 244, §1; Acts 2011, No. 403, §1.
La. Code Civ. Proc. art. 743 — LA Code / Code code-of-civil-procedure / Article 743
Absent or mentally incompetent managing spouse
Status: in_force

If the managing spouse with respect to the obligation sought to be enforced against community property is an absentee or a mental incompetent, then the other spouse is the proper defendant in a suit to enforce that obligation.

Added by Acts 1979, No. 711, §4, eff. Jan. 1, 1980.