FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 3721 — LA Code / Code code-of-civil-procedure / Article 3721
Methods of enforcing mortgage
Status: in_force

A. A conventional mortgage is enforced by ordinary or executory proceedings.

B. In any ordinary or executory proceeding to enforce a promissory note or other debt instrument combined with a mortgage or other security device, the judgment or order of executory process granted may include any amounts which accrue after the rendition of the judgment or order, including until the collateral is sold by judicial process pursuant to the provisions of the promissory note, debt interest, or security device, including, without limitation, obligations to reimburse advances for taxes and insurance, inspection or other fees provided for by contract, reasonable attorney fees, and court costs. The provisions of this Article shall be enforceable notwithstanding any other provision of law requiring that a judgment or order specify a definite amount.

C. Prior to the date of the sheriff's sale, the seizing creditor or his counsel shall file into the record the payoff amount of the obligation being enforced, including any amounts which have accrued after the filing of the petition, or rendition of the judgment or order in the case of ordinary process.

D. Any party with an interest in the property seized, including but not limited to mortgage and lien holders, may file a rule to show cause to traverse the payoff amount filed in accordance with Paragraph C of this Article. The rule to show cause shall be filed before the sheriff disburses any funds from the judicial sale pursuant to the writ being executed.

E. A sheriff's or other sale held pursuant to court order shall be valid notwithstanding failure of an interested party to comply with the provisions of this Article.

Acts 2025, No. 250, §3.
La. Ch. Code art. 1452 — LA Code / Code childrens-code / Article 1452
Mandatory review of commitments
Status: in_force

A. All judicial commitments, except those for alcoholism, shall be reviewed by the court issuing the order for commitment every ninety days.

B. A commitment for alcoholism shall expire after forty-five days and the minor patient, if not converted to a voluntary status, shall be discharged, unless the court, upon application by the director of the treatment facility, finds that continued involuntary treatment is necessary and orders the minor patient recommitted for a period not to exceed sixty days; provided, that not more than two such sixty-day recommitments may be ordered in connection with the same continuous confinement.

C. All judicial commitments involving a minor patient who has been found not guilty by reason of insanity or who has been found to lack the capacity to proceed, shall be reviewed in the manner as set forth in Title VIII.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 1997, No. 985, §2.
La. Code Civ. Proc. art. 1233 — LA Code / Code code-of-civil-procedure / Article 1233
Same; where made
Status: in_force

Personal service may be made anywhere the officer making the service may lawfully go to reach the person to be served.
La. Code Civ. Proc. art. 856 — LA Code / Code code-of-civil-procedure / Article 856
Same; fraud, mistake, or condition of the mind
Status: in_force

In pleading fraud or mistake, the circumstances constituting fraud or mistake shall be alleged with particularity. Malice, intent, knowledge, and other condition of mind of a person may be alleged generally.
La. Code Evid. art. 611 — LA Code / Code code-of-evidence / Article 611
Mode and order of interrogation and presentation
Status: in_force

A. Control by court. Except as provided by this Article and Code of Criminal Procedure Article 773, the parties to a proceeding have the primary responsibility of presenting the evidence and examining the witnesses. The court, however, shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to:

(1) Make the interrogation and presentation effective for the ascertainment of the truth;

(2) Avoid needless consumption of time; and

(3) Protect witnesses from harassment or undue embarrassment.

B. Scope of cross-examination. A witness may be cross-examined on any matter relevant to any issue in the case, including credibility. However, in a civil case, when a party or person identified with a party has been called as a witness by an adverse party to testify only as to particular aspects of the case, the court shall limit the scope of cross-examination to matters testified to on direct examination, unless the interests of justice otherwise require.

C. Leading questions. Generally, leading questions should not be used on the direct examination of a witness except as may be necessary to develop his testimony and in examining an expert witness on his opinions and inferences. However, when a party calls a hostile witness, a witness who is unable or unwilling to respond to proper questioning, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions. Generally, leading questions should be permitted on cross-examination. However, the court ordinarily shall prohibit counsel for a party from using leading questions when that party or a person identified with him is examined by his counsel, even when the party or a person identified with him has been called as a witness by another party and tendered for cross-examination.

D. Scope of redirect examination; recross examination. A witness who has been cross-examined is subject to redirect examination as to matters covered on cross-examination and, in the discretion of the court, as to other matters in the case. When the court has allowed a party to bring out new matter on redirect, the other parties shall be provided an opportunity to recross on such matters.

E. Rebuttal evidence. The plaintiff in a civil case and the state in a criminal prosecution shall have the right to rebut evidence adduced by their opponents.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Civ. Code art. 300 — LA Code / Code civil-code / Article 300
Provisional administration pending consideration of excuse.
Status: in_force

During the time of the pendency of the litigation relative to the validity of his excuses, the tutor who is appointed shall be bound provisionally* to administer as such, until he shall have been regularly discharged.

* "Provisionally" has no counterpart in French text.
La. Civ. Code art. 48 — LA Code / Code civil-code / Article 48
Powers, rights, and duties of curator
Status: in_force

The curator has power of administration and disposition over the property of the absent person as provided by legislation.

When the absent person is a spouse in community, the curatorship is limited to his separate property.

Acts 1990, No. 989, §1, eff. Jan. 1, 1991.
La. Code Civ. Proc. art. 4919 — LA Code / Code code-of-civil-procedure / Article 4919
Citation; service of citation; justice of the peace courts; district courts with concurrent jurisdiction
Status: in_force

A. The citation must be signed by the justice of the peace or the clerk of court issuing it, with an expression of his official capacity and under the seal of his office, must be accompanied by a certified copy of any petition, which has been filed, exclusive of exhibits, even if made a part thereof, and must contain the following:

(1) The date of issuance.

(2) The title of the cause.

(3) The name of the person to whom it is addressed.

(4) The title and location of the court issuing it.

(5)(a) A statement that the person cited must either comply with the demand contained in the pleading filed by the plaintiff against him or make an appearance, either by filing a pleading or otherwise, in the court issuing the citation within the delay provided under Article 4920 under penalty of default.

(b) If the matter is set for hearing pursuant to Article 4921.1(C), the citation must contain a statement that the person cited must either comply with the demand of the plaintiff against him or appear in the court issuing the citation at the time and date provided and that if he fails to appear, judgment may be entered against him.

B. When a written petition has been filed, a copy thereof shall be attached to the citation.

C. When the plaintiff has not filed a written petition, the citation shall:

(1) State the amount and nature of the claim and the year or years in which the indebtedness was contracted or arose and shall describe sufficiently to place the defendant on notice any promissory note or other written evidence of indebtedness on which the demand is based; and

(2) Describe the movable property and state the value thereof, if the suit is for the ownership or possession of movable property.

D.(1) Service of citation or other process may be made by the court by certified mail, with return receipt requested, when costs therefore are posted with the court.

(2) If the properly addressed certified mail return receipt reply form is signed by the addressee who is the defendant, service shall be considered personal service.

(3) If the properly addressed certified mail return receipt reply form is signed by a person other than the defendant, service shall be considered domiciliary service.

Acts 1986, No. 156, §1; Acts 2012, No. 666, §1; Acts 2015, No. 424, §1.
La. Ch. Code art. 667 — LA Code / Code childrens-code / Article 667
Vacation of adjudication
Status: in_force

A. On motion of the child or the parent, an adjudication shall be vacated and a new adjudication hearing ordered if, after contradictory hearing, the court finds that:

(1) The adjudication was obtained by fraud or mistake sufficient to justify vacating the adjudication.

(2) The court making the adjudication lacked jurisdiction.

(3) New evidence not previously discoverable by due diligence requires vacating the adjudication in the interest of justice. A motion based upon this ground must be brought within one year of the adjudication.

B. In the interest of justice, the court may vacate an adjudication prior to disposition.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 195 — LA Code / Code code-of-civil-procedure / Article 195
Judicial proceedings in chambers
Status: in_force

The following judicial proceedings may be conducted by the district judge in chambers or by any audio-visual means:

(1) Hearing on an application by a legal representative for authority, whether opposed or unopposed, and on a petition for emancipation.

(2) Homologation of a tableau of distribution, or of an account, filed by a legal representative, so far as unopposed.

(3) Trial of a rule to determine the nonexempt portion of wages, salaries, or commissions seized under garnishment and to direct the payment thereof periodically by the garnishee to the sheriff.

(4) Examination of a judgment debtor.

(5) Trial of or hearing on any other action, proceeding, or matter that the law expressly provides may be tried or heard in chambers.

Amended by Acts 2021, No. 68, §1, eff. Jan. 1, 2022.
La. Civ. Code art. 2031 — LA Code / Code civil-code / Article 2031
Relative nullity of contracts
Status: in_force

A contract is relatively null when it violates a rule intended for the protection of private parties, as when a party lacked capacity or did not give free consent at the time the contract was made. A contract that is only relatively null may be confirmed.

Relative nullity may be invoked only by those persons for whose interest the ground for nullity was established, and may not be declared by the court on its own initiative.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 1868 — LA Code / Code civil-code / Article 1868
Imputation not made by the parties
Status: in_force

When the parties have made no imputation, payment must be imputed to the debt that is already due.

If several debts are due, payment must be imputed to the debt that bears interest.

If all, or none, of the debts that are due bear interest, payment must be imputed to the debt that is secured.

If several unsecured debts bear interest, payment must be imputed to the debt that, because of the rate of interest, is most burdensome to the obligor.

If several secured debts bear no interest, payment must be imputed to the debt that, because of the nature of the security, is most burdensome to the obligor.

If the obligor had the same interest in paying all debts, payment must be imputed to the debt that became due first.

If all debts are of the same nature and became due at the same time, payment must be proportionally imputed to all.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 2344 — LA Code / Code civil-code / Article 2344
Offenses and quasi-offenses; damages as community or separate property.
Status: in_force

Damages due to personal injuries sustained during the existence of the community by a spouse are separate property.

Nevertheless, the portion of the damages attributable to expenses incurred by the community as a result of the injury, or in compensation of the loss of community earnings, is community property. If the community regime is terminated otherwise than by the death of the injured spouse, the portion of the damages attributable to the loss of earnings that would have accrued after termination of the community property regime is the separate property of the injured spouse.

Acts 1979, No. 709, §1.
La. Ch. Code art. 1285.11 — LA Code / Code childrens-code / Article 1285.11
Expiration of interlocutory decree
Status: in_force

If no petition for a final decree is filed within two years after the granting of an interlocutory decree, the latter shall become null and void unless good cause is shown why an extension should be granted.

Acts 2013, No. 86, §1.
La. Civ. Code art. 630 — LA Code / Code civil-code / Article 630
Habitation.
Status: in_force

Habitation is the nontransferable real right of a natural person to dwell in the house of another.

Acts 1976, No. 103, §1.
La. Code Civ. Proc. art. 3666 — LA Code / Code code-of-civil-procedure / Article 3666
Loss of right to bring possessory action by owner of mineral right
Status: in_force

If after the owner of a mineral right has ceased possessing it by use or exercise according to its nature there is adverse possession of the land including the mineral right, the adverse possessor becomes entitled to bring the possessory action when he has been in possession quietly and without interruption for more than one year after his possession began or was resumed.

Added by Acts 1974, No. 547, §2, eff. Jan. 1, 1975.
La. Ch. Code art. 893 — LA Code / Code childrens-code / Article 893
Disposition hearing; evidence
Status: in_force

A. At the disposition hearing, unless the child waives the presentation, the court shall hear evidence as to whether the child is in need of treatment or rehabilitation and shall make and file its findings.

B. All evidence helpful in determining the proper disposition, including oral and written reports, the report of the predisposition investigation, any reports of mental evaluation, and all other evidence offered by the child or the state shall be received by the court and may be relied upon to the extent of its probative value even though not admissible at the adjudication hearing. Upon motion of the district attorney or the child, the court may hear testimony from the victim of the offense.

C. Counsel for the state and for the child shall be afforded an opportunity to present evidence and to examine and controvert written reports so received and to cross-examine individuals preparing the reports or other witnesses who give testimony at the hearing. Sources of confidential information need not be disclosed.

D. If the court finds that the child is in need of treatment or rehabilitation as a delinquent child, the court shall proceed immediately to make any appropriate disposition authorized by Articles 895 through 899.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993.
La. Code Crim. Proc. art. 818 — LA Code / Code code-of-criminal-procedure / Article 818
Separate verdict for each defendant
Status: in_force

If there is more than one defendant on trial, the verdict shall name each defendant and the finding as to him.
La. Civ. Code art. 506 — LA Code / Code civil-code / Article 506
Ownership of beds of nonnavigable rivers or streams.
Status: in_force

In the absence of title or prescription, the beds of nonnavigable rivers or streams belong to the riparian owners along a line drawn in the middle of the bed.

Acts 1979, No. 180, §1.
La. Civ. Code art. 2367.1 — LA Code / Code civil-code / Article 2367.1
Use of separate property for the benefit of separate property
Status: in_force

If separate property of a spouse has been used during the existence of the community property regime for the acquisition, use, improvement, or benefit of the other spouse's separate property, the spouse whose property was used is entitled to reimbursement for the amount or value that the property had at the time it was used.

Buildings, other constructions permanently attached to the ground, and plantings made on the land of a spouse with the separate property of the other spouse belong to the owner of the ground. The spouse whose property was used is entitled to reimbursement for the amount or value that the property had at the time it was used.

Acts 1984, No. 933, §1; Acts 1990, No. 991, §1; Acts 2009, No. 204, §1.
La. Code Civ. Proc. art. 690 — LA Code / Code code-of-civil-procedure / Article 690
Domestic corporation; insurer; limited liability company
Status: in_force

Except as otherwise provided in Articles 692 and 693, a domestic corporation, a domestic insurer, and a domestic limited liability company has the procedural capacity to sue to enforce its rights in the corporate or company name.

Acts 1999, No. 145, §2.
La. Code Crim. Proc. art. 776 — LA Code / Code code-of-criminal-procedure / Article 776
Oath of witness
Status: in_force

Before a witness is permitted to testify he shall be sworn, in accordance with Article 14.
La. Civ. Code art. 1743 — LA Code / Code civil-code / Article 1743
Universal succession; liability for estate debts
Status: in_force

The donee of a universal or general donation of property that the donor will leave at his death, as a universal successor of the donor, is answerable for the debts of the estate of the donor in accordance with the provisions of Chapter 13 of Title I of Book III.

Acts 2004, No. 619, §1, eff. Sept. 1, 2005.
La. Code Civ. Proc. art. 4857 — LA Code / Code code-of-civil-procedure / Article 4857
Traffic Court of New Orleans; appellate jurisdiction
Status: in_force

The Traffic Court of New Orleans shall have exclusive appellate jurisdiction of all appeals by any person aggrieved by an administrative hearing officer's decision concerning a traffic violation enforced by the city of New Orleans' automated traffic enforcement system. Any aggrieved person shall file such appeal within thirty days after the date of such decision. The traffic court shall have de novo review over such appeals. The traffic court shall adopt rules regulating the manner of taking, hearing, and deciding such appeals. All traffic violations on appeal shall maintain their status as civil penalties.

Acts 2012, No. 502, §1.
La. Code Civ. Proc. art. 3942 — LA Code / Code code-of-civil-procedure / Article 3942
Appeal from judgment granting or refusing annulment or divorce
Status: in_force

A. An appeal from a judgment granting or refusing an annulment of marriage or a divorce can be taken only within thirty days from the applicable date provided in Article 2087(A).

B. Such an appeal shall suspend the execution of the judgment insofar as the judgment relates to the annulment, divorce, or any partition of community property or settlement of claims arising from the matrimonial regime.

Acts 1986, No. 225, §2; Acts 1990, No. 1009, §4, eff. Jan. 1, 1991.
La. Code Crim. Proc. art. 771 — LA Code / Code code-of-criminal-procedure / Article 771
Admonition
Status: in_force

In the following cases, upon the request of the defendant or the state, the court shall promptly admonish the jury to disregard a remark or comment made during the trial, or in argument within the hearing of the jury, when the remark is irrelevant or immaterial and of such a nature that it might create prejudice against the defendant, or the state, in the mind of the jury:

(1) When the remark or comment is made by the judge, the district attorney, or a court official, and the remark is not within the scope of Article 770; or

(2) When the remark or comment is made by a witness or person other than the judge, district attorney, or a court official, regardless of whether the remark or comment is within the scope of Article 770.

In such cases, on motion of the defendant, the court may grant a mistrial if it is satisfied that an admonition is not sufficient to assure the defendant a fair trial.
La. Civ. Code art. 2040 — LA Code / Code civil-code / Article 2040
Contract made in course of business
Status: in_force

An obligee may not annul a contract made by the obligor in the regular course of his business.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 3465 — LA Code / Code civil-code / Article 3465
Interruption of acquisitive prescription
Status: in_force

Acquisitive prescription is interrupted when possession is lost.

The interruption is considered never to have occurred if the possessor recovers possession within one year or if he recovers possession later by virtue of an action brought within the year.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Code Crim. Proc. art. 903.3 — LA Code / Code code-of-criminal-procedure / Article 903.3
Substance abuse treatment program; cost
Status: in_force

A. A defendant who is placed under the supervision of the substance abuse probation program shall pay the cost of the treatment program to which he is assigned and the cost of any additional supervision that may be required to the extent of his financial resources as determined by the substance abuse treatment program.

B. If the defendant does not have the financial resources to pay all the related costs of the probation program, the court may do either of the following:

(1) To the extent practicable, arrange for the defendant to be assigned to a treatment program funded by the state or federal government.

(2) With the recommendation of the treatment program, order the defendant to perform supervised work for the benefit of the community in lieu of paying all or a part of the costs related to his treatment and supervision. The work shall be performed for and under the supervising authority of a parish, municipality, or other political subdivision or agency of the state or a charitable organization that renders service to the community or its residents.

Acts 2013, No. 389, §1.

NOTE: Pursuant to the Section 2 of Act No. 199 of the 2015 R.S., the provisions of Articles 903 through 903.3 enacted by Section 4 of Act No. 389 of the 2013 R.S. shall become null, void, and have no effect on August 1, 2020, and thereafter.