FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 2889 — LA Code / Code code-of-civil-procedure / Article 2889
Depositions of witnesses
Status: in_force

A petitioner for the probate of a testament in accordance with the provisions of Articles 2883 through 2888 may obtain leave of court ex parte for the taking of the deposition of any witness whose testimony otherwise would not be available. The provisions of Articles 1426, 1434 through 1436, 1443 through 1446, 1449, 1452, and 1469 through 1471, as applicable, shall govern the taking of the deposition.

Acts 1985, No. 26, §1; Acts 2025, No. 34, §1.
La. Civ. Code art. 1786 — LA Code / Code civil-code / Article 1786
Several, joint, and solidary obligations
Status: in_force

When an obligation binds more than one obligor to one obligee, or binds one obligor to more than one obligee, or binds more than one obligor to more than one obligee, the obligation may be several, joint, or solidary.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 3421 — LA Code / Code civil-code / Article 3421
Possession
Status: in_force

Possession is the detention or enjoyment of a corporeal thing, movable or immovable, that one holds or exercises by himself or by another who keeps or exercises it in his name.

The exercise of a real right, such as a servitude, with the intent to have it as one's own is quasi-possession. The rules governing possession apply by analogy to the quasi-possession of incorporeals.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Code Civ. Proc. art. 4627 — LA Code / Code code-of-civil-procedure / Article 4627
Effect of judgment and sale
Status: in_force

The judgment ordering the public sale or private sale of the property to effect a partition, and the sale made in compliance therewith, has the same force and effect as to the absentee, his succession representative and heirs, as if he had been served personally with process and the judgment had been rendered against him personally. Thereafter, the absentee, his succession representative and heirs are precluded from asserting any right, title, or interest in the property partitioned.

Acts 2020, No. 281, §2, eff. June 11, 2020.
La. Civ. Code art. 2759 — LA Code / Code civil-code / Article 2759
Destruction of work before delivery, liability of contractor furnishing work only.
Status: in_force

When the undertaker only furnishes his work and industry, should the thing be destroyed, the undertaker is only liable in case the loss has been occasioned by his fault.
La. Code Crim. Proc. art. 905.3 — LA Code / Code code-of-criminal-procedure / Article 905.3
Sentence of death; jury findings
Status: in_force

A sentence of death shall not be imposed unless the jury finds beyond a reasonable doubt that at least one statutory aggravating circumstance exists and, after consideration of any mitigating circumstances, determines that the sentence of death should be imposed. The court shall instruct the jury concerning all of the statutory mitigating circumstances. The court shall also instruct the jury concerning the statutory aggravating circumstances but may decline to instruct the jury on any aggravating circumstance not supported by evidence. The court may provide the jury with a list of the mitigating and aggravating circumstances upon which the jury was instructed.

Added by Acts 1976, No. 694, §1; Acts 1985, No. 231, §1; Acts 1988, No. 779, §1, eff. July 18, 1988.
La. Code Crim. Proc. art. 672 — LA Code / Code code-of-criminal-procedure / Article 672
Recusal on court's own motion
Status: in_force

A. A judge may recuse himself in any cause in which a ground for recusal exists, whether or not a motion for his recusal has been filed by a party.

B. Prior to the cause being allotted to another judge, a judge who recuses himself for any reason shall contemporaneously file in the record the order of recusal and written reasons that provide the factual basis for recusal under Article 671. The judge shall also provide a copy of the recusal and the written reasons therefor to the judicial administrator of the supreme court.

Acts 2022, No. 42, §1.
La. Ch. Code art. 1034.1 — LA Code / Code childrens-code / Article 1034.1
Federal Indian Child Welfare Act inquiry
Status: in_force

A. At the commencement of the hearing, the court shall inquire as to whether the petitioner or any person before the court knows or has reason to know that the child is an Indian child. If no person before the court responds affirmatively, the court may proceed, although it shall instruct each person before the court to inform the court if he subsequently discovers information indicating that the child is an Indian child.

B. In accordance with Article 1034.2, if the court finds that there is reason to know that the child is an Indian child, the court shall immediately proceed pursuant to the federal Indian Child Welfare Act and the regulations promulgated thereunder.

C. If a tribe fails to respond to multiple requests for verification that the child is an Indian child and the court or department has sought the assistance of the Bureau of Indian Affairs in contacting the tribe, the court may make the determination that the child is not an Indian child based on the information it has available and proceed to termination in accordance with this Title.

Acts 2018, No. 296, §1.
La. Code Crim. Proc. art. 861 — LA Code / Code code-of-criminal-procedure / Article 861
Time for filing motion in arrest
Status: in_force

A motion in arrest of judgment must be filed and disposed of before sentence. The court, on motion of the defendant and for cause shown, may postpone the imposition of sentence for a specified period in order to give the defense additional time to prepare and file a motion in arrest of judgment.
La. Code Civ. Proc. art. 854 — LA Code / Code code-of-civil-procedure / Article 854
Form of pleading
Status: in_force

No technical forms of pleading are required.

All allegations of fact of the petition, exceptions, or answer shall be simple, concise, and direct, and shall be set forth in numbered paragraphs. As far as practicable, the contents of each paragraph shall be limited to a single set of circumstances.
La. Civ. Code art. 1282 — LA Code / Code civil-code / Article 1282
Purchaser's retention of immovable upon payment of collations.
Status: in_force

The third purchaser or possessor of the real estate subject to collation may avoid the effect of the action of revendication, by paying to the coheirs of the donee, to whom the collation is due, to wit: the excess of the value of the property above the disposable portion, if the donation has been made as an advantage or extra portion, or the whole of the value thereof, if the donation has been made without this provision, by fulfilling in this respect all the obligations by which the donee himself was bound towards the coheirs.
La. Civ. Code art. 776 — LA Code / Code civil-code / Article 776
Establishment
Status: in_force

Building restrictions may be established only by juridical act executed by the owner of an immovable or by all the owners of the affected immovables. Once established, building restrictions may be amended or terminated as provided in this Title.

Acts 1977, No. 170, §1; Acts 1999, No. 309, §1, eff. June 16, 1999.
La. Civ. Code art. 2784 — LA Code / Code civil-code / Article 2784
Annuity in favor of successive recipients
Status: in_force

An annuity may be established in favor of successive recipients.

Acts 2012, No. 258, §1, eff. Jan, 1, 2013.
La. Code Crim. Proc. art. 625 — LA Code / Code code-of-criminal-procedure / Article 625
Transfer of defendant in custody
Status: in_force

If a defendant is in custody when a change of venue is granted, the sheriff shall immediately deliver him to the sheriff of the parish to which the case is transferred, who shall hold him in custody until otherwise ordered by the court.
La. Civ. Code art. 1547 — LA Code / Code civil-code / Article 1547
Acceptance by creditor prohibited
Status: in_force

If the donee refuses or neglects to accept the donation, his creditors may not accept for him.

Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
La. Civ. Code art. 1862 — LA Code / Code civil-code / Article 1862
Place of performance
Status: in_force

Performance shall be rendered in the place either stipulated in the agreement or intended by the parties according to usage, the nature of the performance, or other circumstances.

In the absence of agreement or other indication of the parties' intent, performance of an obligation to give an individually determined thing shall be rendered at the place the thing was when the obligation arose. If the obligation is of any other kind, the performance shall be rendered at the domicile of the obligor.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 3147 — LA Code / Code civil-code / Article 3147
Pledge securing obligation that is not for the payment of money
Status: in_force

A pledge that secures an obligation other than one for the payment of money, such as an obligation for the performance of an act, secures the claim of the pledgee for the damages he may suffer from the breach of the obligation.

See Acts 2014, No. 281, §1.
La. Code Civ. Proc. art. 2082 — LA Code / Code code-of-civil-procedure / Article 2082
Definition of appeal
Status: in_force

Appeal is the exercise of the right of a party to have a judgment of a trial court revised, modified, set aside, or reversed by an appellate court.
La. Code Civ. Proc. art. 1235.1 — LA Code / Code code-of-civil-procedure / Article 1235.1
Service on incarcerated person
Status: in_force

A. Service is made on a person who is incarcerated in a jail or detention facility through personal service on the warden or his designee for that shift. The warden or his designee shall in turn make personal service on the person incarcerated.

B. When requested by the petitioner or mover, proof of service may be made by filing in the record the affidavit of the person serving the citation and pleadings on the person who is incarcerated.

C. Personal service on the person incarcerated as required by Paragraph A of this Article shall be made promptly, but in no event shall it be made later than ten days after service upon the warden or his designee. If, for reasons beyond the control of the warden, such personal service cannot be accomplished by the tenth day, then on the next day or as soon as it is apparent that such personal service cannot be accomplished, the warden or his designee shall note the inability to serve on the citation or pleadings and return the citation or pleadings to the issuing court.

D. Service as provided in Paragraph A of this Article shall be deemed to be accomplished on the date of personal service shown by the affidavit specified in Paragraph B of this Article, or if no such affidavit is timely received, nor a return by the warden or his designee in Paragraph C of this Article indicating a lack of personal service, then service is deemed to be accomplished ten days after service upon the warden or his designee under Paragraph A of this Article.

Acts 1991, No. 46, §1; Acts 2004, No. 744, §1.
La. Civ. Code art. 3353 — LA Code / Code civil-code / Article 3353
Effect of indefinite or incomplete name
Status: in_force

A recorded instrument is effective with respect to a third person if the name of a party is not so indefinite, incomplete, or erroneous as to be misleading and the instrument as a whole reasonably alerts a person examining the records that the instrument may be that of the party.

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

NOTE: Acts 2005, 1st Ex. Sess., No. 13, §1, changed the effective date of Acts 2005, No. 169, to July 1, 2006.
La. Civ. Code art. 100 — LA Code / Code civil-code / Article 100
Surname of married persons
Status: in_force

Marriage does not change the name of either spouse. However, a married person may use the surname of either or both spouses as a surname.

Acts 1987, No. 886, §1, eff. Jan. 1, 1988.
La. Code Civ. Proc. art. 1605 — LA Code / Code code-of-civil-procedure / Article 1605
Trial of motion; order
Status: in_force

Every contested motion for a continuance shall be tried summarily and contradictorily with the opposite party.
La. Code Civ. Proc. art. 1004 — LA Code / Code code-of-civil-procedure / Article 1004
Denials
Status: in_force

The answer shall admit or deny the allegations of fact contained in each paragraph of the petition, and all such allegations, other than those as to the amount of damages, are admitted if not denied in the answer. If the defendant is without knowledge or information sufficient to justify a belief as to the truth of an allegation of fact made in the petition, he shall so state and this shall have the effect of a denial. Denials shall fairly meet the substance of the allegations denied. When the defendant intends in good faith to deny only a part of or to qualify an allegation of fact, he shall admit so much of it as is true and material and shall deny or qualify the remainder.
La. Civ. Code art. 2625 — LA Code / Code civil-code / Article 2625
Right of first refusal
Status: in_force

A party may agree that he will not sell a certain thing without first offering it to a certain person. The right given to the latter in such a case is a right of first refusal that may be enforced by specific performance.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Civ. Proc. art. 424 — LA Code / Code code-of-civil-procedure / Article 424
Cause of action as a defense
Status: in_force

A person who has a right to enforce an obligation also has a right to use his cause of action as a defense.

Except as otherwise provided herein, a prescribed obligation arising under Louisiana law may be used as a defense if it is incidental to, or connected with, the obligation sought to be enforced by the plaintiff. A prescribed cause of action arising under The Federal Consumer Credit Protection Act may not be used as a defense even if it is incidental to, or connected with, the obligation sought to be enforced by the plaintiff.

However, in connection with the enforcement of a negotiable instrument the defense of redhibition may not be used if it has otherwise prescribed.

Amended by Acts 1976, No. 710, §1; Acts 1977, No. 254, §1.
La. Code Crim. Proc. art. 472 — LA Code / Code code-of-criminal-procedure / Article 472
General intent
Status: in_force

In offenses requiring only a general criminal intent, the indictment need not allege that the act was intentionally done.
La. Civ. Code art. 680 — LA Code / Code civil-code / Article 680
Rights in common walls.
Status: in_force

The co-owner of a common wall may use it as he sees fit, provided that he does not impair its structural integrity or infringe on the rights of his neighbor.

Acts 1977, No. 514, §1.
La. Civ. Code art. 1897 — LA Code / Code civil-code / Article 1897
Compensation extinguishes obligation of surety
Status: in_force

Compensation between obligee and principal obligor extinguishes the obligation of a surety.

Compensation between obligee and surety does not extinguish the obligation of the principal obligor.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Crim. Proc. art. 14.2 — LA Code / Code code-of-criminal-procedure / Article 14.2
Facsimile filings
Status: in_force

A. Until January 1, 2026, any document in a traffic or criminal action may be filed with the clerk of court by facsimile transmission pursuant to the policy of the clerk of court. Filing shall be deemed complete at the time that the facsimile transmission is received by the clerk of court. No later than on the first business day after receiving a facsimile filing, the clerk of court shall transmit to the filing party via facsimile a confirmation of receipt and include a statement of the fees for the facsimile filing and filing of the original document. The facsimile filing fee and transmission fee are incurred upon receipt of the facsimile filing by the clerk of court and payable as provided in Paragraph B of this Article. The facsimile filing shall have the same force and effect as filing the original document, if the party complies with Paragraph B of this Article.

B. Within seven days, exclusive of legal holidays, after the clerk of court receives the facsimile filing, all of the following shall be delivered to the clerk of court:

(1) The original document identical to the facsimile filing in number of pages and in content of each page, including any attachments, exhibits, and orders. A document that is not identical to the facsimile filing or that includes pages not included in the facsimile filing shall not be considered the original document.

(2) The fees for the facsimile filing and filing of the original document stated on the confirmation of receipt, if any.

(3) A transmission fee of five dollars, if the defendant has not been declared indigent by the court.

C. If the filing party fails to comply with any of the requirements of Paragraph B of this Article, the facsimile filing shall have no force or effect.

D. A court may provide by court rule for any additional requirement or provisions for filings by facsimile transmission.

E. In keeping with the clerk's policy, each clerk of court shall make available the necessary equipment and supplies to accommodate facsimile filing in criminal actions. Purchases for equipment and supplies necessary to accommodate facsimile filings may be funded from any expense fund of the office of the clerk of court as the clerks deem appropriate.

F. Upon adoption of uniform filing standards by the Louisiana Clerks' Remote Access Authority, no clerk of court shall accept a filing not in accordance with the adopted standards.

Acts 2024, No. 501, §2; Acts 2024, No. 694, §5.

NOTE: Acts 2024, No. 501, §2, enacted Art. 14.2. The enactment was superseded by Acts 2024, No. 694, §§5 and 6(B).
La. Code Civ. Proc. art. 3281 — LA Code / Code code-of-civil-procedure / Article 3281
Petition for private sale
Status: in_force

A. A succession representative who desires to sell succession property at private sale shall file a petition setting forth a description of the property, the price and conditions of and the reasons for the proposed sale. If an agreement to sell has been executed in accordance with Paragraph B of this Article, a copy of such agreement shall be annexed to the petition.

B. A succession representative may execute, without prior court authority, an agreement to sell succession property at private sale, subject to the suspensive condition that the court approve the proposed sale.

C. The succession representative shall be obligated to file a petition in accordance with Paragraph A of this Article within thirty (30) days of the date of execution of such an agreement to sell.

Amended by Acts 1980, No. 369, §1.
La. Civ. Code art. 1344 — LA Code / Code civil-code / Article 1344
Partition sale; purchase of minor's hereditary portion by tutor or curator.
Status: in_force

The minor coheirs may also become purchasers of the hereditary effects, by the intervention of their tutors or curators, or by their assistance, if they have been specially authorized thereto by the judge, with the advice of the family meeting.
La. Ch. Code art. 1503 — LA Code / Code childrens-code / Article 1503
Purpose
Status: in_force

The purpose of this Chapter is to provide procedures for allowing each juvenile court to enforce its orders and maintain proper court decorum.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
La. Ch. Code art. 1667 — LA Code / Code childrens-code / Article 1667
Oversight, enforcement and dispute resolution by the Interstate Commission
Status: in_force

A.(1) The Interstate Commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor such activities being administered in non-compacting states which may significantly affect compacting states.

(2) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall be received by all the judges, public offices, commissions, and departments of the state government as evidence of the authorized statute and administrative rules. All courts shall take judicial notice of the compact and the rules. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the Interstate Commission, it shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.

B.(1) The compacting states shall report to the Interstate Commission on all issues and activities necessary for the administration of the compact as well as issues and activities pertaining to compliance with the provisions of the compact and its bylaws and rules.

(2) The Interstate Commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and between compacting and non-compacting states. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.

(3) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any or all means set forth in Article 1671 of this compact.

Acts 2003, No. 1185, §1, eff. July 1, 2004.
La. Code Civ. Proc. art. 3265 — LA Code / Code code-of-civil-procedure / Article 3265
Prima facie proof of publication
Status: in_force

When a publication of notice is required by this Title, prima facie proof may be made either by an affidavit of publication by the official journal or newspaper which published the notice, reciting the date or dates of publication and the text of the notice, or by the original newspaper tear sheet showing both the text of the notice and its date of publication, accompanied by an affidavit by the moving party or the party's attorney, attesting to the publication and its date or dates.

Acts 1993, No. 26, §1, eff. May 18, 1993.
La. Civ. Code art. 3107 — LA Code / Code civil-code / Article 3107
Capacity of arbitrators
Status: in_force

A. All persons may be arbitrators, except such as are under some incapacity or infirmity, which renders them unfit for that function.

B. Therefore, minors under the age of eighteen years, persons interdicted, those who are deaf and unable to speak, can not be arbitrators.

Acts 2014, No. 811, §30, eff. June 23, 2014.