FrankGoortani/open-us-law huggingface dataset:
La. Code Crim. Proc. art. 1001 — LA Code / Code code-of-criminal-procedure / Article 1001
Definitions
Status: in_force

As used in this Title:

(1) "Dating partner" shall have the same meaning as provided in R.S. 46:2151 or R.S. 14:34.9.

(2) "Family member" shall have the same meaning as provided in R.S. 46:2132 or R.S. 14:35.3.

(3) "Firearm" means any pistol, revolver, rifle, shotgun, machine gun, submachine gun, black powder weapon, or assault rifle which is designed to fire or is capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by an explosive.

(4) "Household member" shall have the same meaning as provided in R.S. 46:2132 or R.S. 14:35.3.

(5) "Other law enforcement agency" shall include any local or municipal police force, the constable, and state police.

(6) "Sheriff" means the sheriff of the jurisdiction in which the order was issued, unless the person resides outside of the jurisdiction in which the order is issued. If the person resides outside of the jurisdiction in which the order is issued, "sheriff" means the sheriff of the parish in which the person resides.

Acts 2018, No. 367, §3, eff. Oct. 1, 2018; Acts 2019, No. 427, §3.
La. Civ. Code art. 891 — LA Code / Code civil-code / Article 891
Devolution of separate property; parents and brothers and sisters
Status: in_force

If the deceased leaves no descendants but is survived by a father, mother, or both, and by a brother or sister, or both, or descendants from them, the brothers and sisters or their descendants succeed to the separate property of the deceased subject to a usufruct in favor of the surviving parent or parents. If both parents survive the deceased, the usufruct shall be joint and successive.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982; Acts 2004, No. 26, §1.
La. Code Crim. Proc. art. 613 — LA Code / Code code-of-criminal-procedure / Article 613
Jurisdiction of court where body of water is parish boundary
Status: in_force

When a river, bayou, lake, water course, or other body of water is the boundary of any parish, the jurisdiction of the court of such parish extends to the middle of such river, bayou, lake, water course, or other body of water.
La. Ch. Code art. 1269.4 — LA Code / Code childrens-code / Article 1269.4
Filing with court; time limitations
Status: in_force

A. Within ten days after the petition is filed, the department, attorney for the child, attorney for the parent, or attorney for the prospective adoptive parents shall file in the court in which the adoption is pending an agreement for continuing contact.

B. The agreement may be filed later than ten days after execution only with leave of court for good cause shown.

C. If either the department or counsel for the child objects to the agreement, the court may conduct a hearing before approving the agreement.

Acts 2001, No. 568, §1, eff. Jan. 1, 2002; Acts 2003, No. 567, §1; Acts 2008, No. 583, §2; Acts 2014, No. 354, §1.
La. Civ. Code art. 538 — LA Code / Code civil-code / Article 538
Usufruct of consumable things
Status: in_force

If the things subject to the usufruct are consumables, the usufructuary becomes owner of them. He may consume, alienate, or encumber them as he sees fit. At the termination of the usufruct he is bound either to pay to the naked owner the value that the things had at the commencement of the usufruct or to deliver to him things of the same quantity and quality.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.
La. Code Civ. Proc. art. 694 — LA Code / Code code-of-civil-procedure / Article 694
Agent
Status: in_force

An agent has the procedural capacity to sue to enforce a right of his principal, when specially authorized to do so.

For all procedural purposes, the principal is considered the plaintiff in such an action. The defendant may assert any defense available against the principal, and may enforce his rights against the principal in a reconventional demand.
La. Code Crim. Proc. art. 892.2 — LA Code / Code code-of-criminal-procedure / Article 892.2
Notice of controlled dangerous substance conviction; licensing authority
Status: in_force

When a person is convicted of violating any felony provision of the Uniform Controlled Dangerous Substances Law, the court imposing sentence shall determine if the defendant possesses a license to practice a trade, occupation, or profession in this state and, if so, the court shall cause notice of the conviction to be forwarded to the appropriate licensing authority.

Acts 1989, No. 81, §1.
La. Civ. Code art. 1884 — LA Code / Code civil-code / Article 1884
Security for extinguished obligation
Status: in_force

Security given for the performance of the extinguished obligation may not be transferred to the new obligation without agreement of the parties who gave the security.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Evid. art. 704 — LA Code / Code code-of-evidence / Article 704
Opinion on ultimate issue
Status: in_force

Testimony in the form of an opinion or inference otherwise admissible is not to be excluded solely because it embraces an ultimate issue to be decided by the trier of fact. However, in a criminal case, an expert witness shall not express an opinion as to the guilt or innocence of the accused.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Ch. Code art. 1202 — LA Code / Code childrens-code / Article 1202
Service of process
Status: in_force

A. A copy of the petition for an agency adoption together with all exhibits shall be served by registered or certified mail, return receipt requested, postage prepaid, or by commercial courier as defined in R.S. 13:3204(D), when the person to be served is located outside of this state, and properly addressed to the department and on any agency having legal custody of the child. Two copies of the same petition need not be served on the department.

B. Except when waived, notice of the filing of the petition shall be served on any parent whose parental rights have not been terminated by a court of competent jurisdiction.

C. If the adoption petition names an alleged or adjudicated father and his parental rights have not been terminated by a court of competent jurisdiction, he shall be served with notice of the filing of the petition in accordance with Articles 1133, 1134, and 1136 and thereafter, his rights shall be determined in accordance with the provisions of Articles 1137 through 1143.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 395, §7.
La. Ch. Code art. 1303.11 — LA Code / Code childrens-code / Article 1303.11
Pleadings and accompanying documents
Status: in_force

A. In a proceeding under this Chapter, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under Article 1303.12, the petition or accompanying documents must provide, so far as known, the name, residential address, and social security numbers of the obligor and the obligee or the parent and alleged parent, and the name, sex, residential address, social security number, and the date of birth of each child for whose benefit support is sought or whose parentage is to be determined. Unless filed at the time of registration, the petition must be accompanied by a copy of any support order known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent.

B. The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency.

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. 3271 — LA Code / Code code-of-civil-procedure / Article 3271
Petition; order
Status: in_force

A succession representative desiring to sell succession property at public auction shall file a petition setting forth a description of the property and the reasons for the sale.

The court shall render an order authorizing the sale at public auction after publication, when it considers the sale to be to the best interests of the succession.
La. Civ. Code art. 3427 — LA Code / Code civil-code / Article 3427
Presumption of intent to own the thing
Status: in_force

One is presumed to intend to possess as owner unless he began to possess in the name of and for another.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Civ. Code art. 3294 — LA Code / Code civil-code / Article 3294
Mortgage securing obligation that is not for the payment of money
Status: in_force

A mortgage that secures an obligation other than one for the payment of money secures the claim of the mortgagee for the damages he may suffer from a breach of the obligation, up to the amount stated in the mortgage.

Acts 1991, No. 652, §1, eff. Jan. 1, 1992.
La. Ch. Code art. 1543 — LA Code / Code childrens-code / Article 1543
Purpose
Status: in_force

The purpose of this Chapter is to set out the substantive law and procedures for securing the authorization of the juvenile court for the marriage of a minor.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 4641 — LA Code / Code code-of-civil-procedure / Article 4641
Sale of interest of minor or interdict to effect partition
Status: in_force

A. The undivided interest of a minor or interdict in property owned in common with others may be sold to effect a partition, as provided in Articles 4301 through 4304, 4321 through 4323, 4341, 4342, and 4566.

B. The interest of the minor or interdict in the property may be purchased by a co-owner.
La. Civ. Code art. 1306 — LA Code / Code civil-code / Article 1306
Prescription where one heir possesses separately and others possess in common.
Status: in_force

If there be but one of the heirs who has separately enjoyed a portion of the effects of the succession during thirty years, and all the other heirs have possessed the residue of the effects of the succession in common, the action of partition among the latter will always subsist.
La. Ch. Code art. 1158 — LA Code / Code childrens-code / Article 1158
Order declaring parental rights terminated; time limitations; finality
Status: in_force

A. If a relinquishing parent has not sought timely to reclaim parental rights, and if no timely opposition to adoption has been filed by an alleged or adjudicated non-relinquishing father, the court shall, upon motion by the department filed within forty-five days after the relinquishment, render a judgment declaring the rights of the parents terminated.

B. The effects of a judgment terminating parental rights are as set forth in Article 1038. If the court has terminated the rights of both parents of the child, it also shall certify the child for adoption and continue custody in the department.

C. No action to annul a judgment terminating parental rights pursuant to this Chapter shall be brought for any reason after ninety days from its signing or after a decree of adoption has been entered, whichever is earlier.

Acts 2003, No. 609, §2.
La. Code Civ. Proc. art. 252 — LA Code / Code code-of-civil-procedure / Article 252
Issuance of process
Status: in_force

The clerk of a court shall issue all citations, writs, mandates, summons, subpoenas, and other process of the court in the name of the State of Louisiana. He shall indicate thereon the court from which they issue, sign them in his official capacity, and affix the seal of the court thereto. If service by the sheriff is required, the clerk shall deliver or mail them to the sheriff who is to make the service.
La. Code Crim. Proc. art. 803 — LA Code / Code code-of-criminal-procedure / Article 803
Same; charge as to included minor offenses and plea of insanity
Status: in_force

When a count in an indictment sets out an offense which includes other offenses of which the accused could be found guilty under the provisions of Article 814 or 815, the court shall charge the jury as to the law applicable to each offense.

When a defendant has specially pleaded insanity in accordance with Article 552, the court shall charge the jury with respect to the law applicable thereto.
La. Civ. Code art. 2041 — LA Code / Code civil-code / Article 2041
Action must be brought within one year
Status: in_force

The action of the obligee must be brought within one year from the time he learned or should have learned of the act, or the result of the failure to act, of the obligor that the obligee seeks to annul, but never after three years from the date of that act or result.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985; Acts 2013, No. 88, §1; Acts 2021, No. 414, §1.
La. Code Civ. Proc. art. 1062 — LA Code / Code code-of-civil-procedure / Article 1062
Pleading compensation
Status: in_force

Compensation may be asserted in the reconventional demand.
La. Code Crim. Proc. art. 930.1 — LA Code / Code code-of-criminal-procedure / Article 930.1
Judgment granting or denying relief under Articles 928, 929, and 930
Status: in_force

A copy of the judgment granting or denying relief and written or transcribed reasons for the judgment shall be furnished to the petitioner, the district attorney, and the custodian.

Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981.
La. Civ. Code art. 1379 — LA Code / Code civil-code / Article 1379
Delivery of property and title papers after partition.
Status: in_force

After the partition, delivery must be made to each of the coheirs, of the title papers of the objects fallen to his share.

The title papers of a divided property remain in the possession of the heir who has the most considerable part of it, under the obligation of producing them, when required by the coproprietors of the other part of the property.

Titles common to the whole inheritance shall be delivered to the person chosen by all the heirs to be the depositary of them, on condition of producing them as often as required. If they should not agree on that choice, such deposit shall be made by the order of the judge.
La. Ch. Code art. 1211 — LA Code / Code childrens-code / Article 1211
Final decree at first hearing
Status: in_force

Notwithstanding Article 1216, upon the consideration of the factors enumerated in Article 1208(B), the court may render a final decree of agency adoption at the first hearing without the necessity of first entering an interlocutory decree, if either:

(1) The child was placed in the petitioner's home by an agency and the child has lived in that home for at least six months prior to the hearing for adoption.

(2) The rights of the child's parents have been terminated pursuant to Title X or XI and the child has lived in the petitioner's home for at least one year.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2012, No. 730, §1.
La. Ch. Code art. 823 — LA Code / Code childrens-code / Article 823
Right to bail or other security for release
Status: in_force

A. Except as provided for in Paragraph C of this Article, upon application by the child, parent, guardian, or legal custodian, a child shall have a right to bail for release from custody prior to adjudication by the deposit of a bond or other security as determined by the court and upon agreeing to any other reasonable conditions found necessary to insure appearance of the child for adjudication.

B. In any case when the child has appeared as ordered and otherwise met the conditions of the bail, the bail shall not be used to satisfy fines and costs except as specified by this Chapter or unless agreed to by the person who executed the bail.

C. A child charged with the commission of a delinquent act which would otherwise be deemed a capital offense under Title 14 of the Louisiana Revised Statutes of 1950 shall not be admitted to bail if the state shows that the proof is evident and the presumption great that the child is guilty of the capital offense. The court shall hold a contradictory hearing to resolve the child's application for bail in these circumstances.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Civ. Code art. 1284 — LA Code / Code civil-code / Article 1284
Donation of movables as absolute transfer of rights.
Status: in_force

Therefore the donation of movables contains an absolute transfer of the rights of the donor to the donee in the movables thus given.
La. Civ. Code art. 2578 — LA Code / Code civil-code / Article 2578
Liability for deterioration at the time of redemption
Status: in_force

During the time allowed for redemption, the buyer must administer the thing sold with the degree of care of a prudent administrator. He is liable to the redeeming seller for any deterioration of the thing caused by the lack of such care.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Civ. Proc. art. 2636 — LA Code / Code code-of-civil-procedure / Article 2636
Authentic evidence
Status: in_force

The following documentary evidence shall be deemed to be authentic for purposes of executory process:

(1) The note, bond, or other instrument evidencing the obligation secured by the mortgage, security agreement, or privilege, paraphed for identification with the act of mortgage or privilege by the notary or other officer before whom it is executed, with the exception that a paraph is not necessary in connection with a note secured by a security agreement subject to Chapter 9 of the Uniform Commercial Code or a copy of the note, bond, or other instrument evidencing the obligation certified as such by the notary before whom the act of mortgage, security agreement, or privilege was executed.

(2) A certified copy or a duplicate original of an authentic act.

(3) A certified copy of any judgment, judicial letters, or order of court.

(4) A copy of a resolution of the board of directors, or other governing board of a corporation, authorizing or ratifying the execution of a mortgage on its property, certified in accordance with the provisions of R.S. 13:4103.

(5)(a) A security agreement subject to Chapter 9 of the Uniform Commercial Code, which need not be executed or acknowledged before a notary.

(b) A reproduction of a security agreement described in Subsubparagraph (a) of this Subparagraph or a reproduction of a single writing that evidences both an obligation to pay and a security agreement described in Subsubparagraph (a) of this Subparagraph, that is certified by a representative of a financial institution in the manner provided for in R.S. 13:3733.1(E).

(6) A certified copy of the limited liability company's articles of organization filed with the secretary of state or a written consent or extract of minutes of a meeting of the persons specified in R.S. 13:4103.1, in each case authorizing or ratifying the execution of an act of mortgage on its property and in the form required by R.S. 13:4103.1, certified as provided in R.S. 12:1317(C).

(7) A certified copy of the contract of partnership authorizing the execution of an act of mortgage filed for registry with the secretary of state.

(8) All other documentary evidence recognized by law as authentic evidence, including R.S. 9:5555, R.S. 10:9-629, and R.S. 13:3733.1 and 3733.2.

(9) A promissory note or other evidence of indebtedness evidencing the obligation secured by the mortgage, security agreement or privilege, containing an electronic signature in accordance with the Louisiana Uniform Electronic Transactions Act, R.S. 9:2601 et seq. and accompanied by a certification in accordance with R.S. 13:3733.2.

Amended by Acts 1982, No. 177, §1; Acts 1982, No. 185, §1; Acts 1989, No. 137, §18, eff. Sept. 1, 1989; Acts 1993, No. 475, §2, eff. June 9, 1993; Acts 2003, No. 1072, §1; Acts 2011, No. 90, §1; Acts 2012, No. 505, §2; Acts 2014, No. 440, §3, eff. July 1, 2014; Acts 2015, No. 84, §1.
La. Code Crim. Proc. art. 802 — LA Code / Code code-of-criminal-procedure / Article 802
General charge; scope
Status: in_force

The court shall charge the jury:

(1) As to the law applicable to the case;

(2) That the jury is the judge of the law and of the facts on the question of guilt or innocence, but that it has the duty to accept and to apply the law as given by the court; and

(3) That the jury alone shall determine the weight and credibility of the evidence.
La. Civ. Code art. 3431 — LA Code / Code civil-code / Article 3431
Retention of possession; civil possession
Status: in_force

Once acquired, possession is retained by the intent to possess as owner even if the possessor ceases to possess corporeally. This is civil possession.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Code Civ. Proc. art. 1447 — LA Code / Code code-of-civil-procedure / Article 1447
Failure to attend or to serve subpoena; expenses
Status: in_force

A. If the party giving the notice of the taking of a deposition fails to attend and proceed therewith and another party attends in person or by attorney pursuant to the notice, the court may order the party giving the notice to pay to such other party the reasonable expenses incurred by him and his attorney in attending, including reasonable attorney's fees.

B. If the party giving the notice of the taking of a deposition of a witness fails to serve a subpoena upon him and the witness because of such failure does not attend, and if another party attends in person or by attorney because he expects the deposition of that witness to be taken, the court may order the party giving the notice to pay to such other party the reasonable expenses incurred by him and his attorney in attending, including reasonable attorney's fees.

Arts 1976, No. 574, §1.
La. Code Crim. Proc. art. 369 — LA Code / Code code-of-criminal-procedure / Article 369
Appeal not permitted
Status: in_force

There shall be no appeal from a judgment granting or refusing to grant release upon a petition for a writ of habeas corpus.