FrankGoortani/open-us-law huggingface dataset:
La. Ch. Code art. 315 — LA Code / Code childrens-code / Article 315
Transfer of proper venue
Status: in_force

A. At any time, the court in which a petition is filed may transfer the case for the convenience of the parties and the witnesses and in the interests of justice to another court having venue according to Article 314.

B. After adjudication, the court in which a petition is filed shall transfer the proceeding if it receives information at any time that both of the following exist:

(1) The child is domiciled with his parent or tutor in another parish.

(2) The court of the child's domicile has proceedings currently pending before it.

C. Certified copies of all legal and social documents and records pertaining to the case which are on file with the clerk of the court shall accompany the transfer.

Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
La. Civ. Code art. 726 — LA Code / Code civil-code / Article 726
Servitude on after-acquired property.
Status: in_force

Parties may agree to establish a predial servitude on, or for the benefit of, an estate of which one is not then the owner. If the ownership is acquired, the servitude is established.

Parties may agree that a building not yet built will be subjected to a servitude or that it will have the benefit of a servitude when it is built.

Acts 1977, No. 514, §1.
La. Ch. Code art. 763 — LA Code / Code childrens-code / Article 763
Motions to dismiss
Status: in_force

A. All objections to the proceedings, including objections based on defects in the petition and defenses capable of determination as a matter of law, may be raised by motion to dismiss.

B. Upon a finding of grounds to dismiss the petition as provided in Paragraph A of this Article, the court shall order that the petition be dismissed.

Acts 1991, No. 235, §7; Acts 2022, No. 176, §1.
La. Code Crim. Proc. art. 233 — LA Code / Code code-of-criminal-procedure / Article 233
Electronic signature of offender; requirements
Status: in_force

A. Law enforcement agencies are authorized to utilize the electronic signature of any offender. The signature may be captured by any generally accepted method or process of electronic signature capture, including the use of devices which capture and convert analog writing to electronic or digital form.

B. If any provision of law requires a signature or any record, bail undertaking, summons, or affidavit to be signed, acknowledged, verified, or made under oath by a criminal offender, the requirement is satisfied if the electronic signature of the offender, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.

C. For purposes of this Section, "electronic signature" shall mean an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

Acts 2010, No. 583, §1.
La. Civ. Code art. 2489 — LA Code / Code civil-code / Article 2489
Condition of thing at time of delivery
Status: in_force

The seller must deliver the thing sold in the condition that, at the time of the sale, the parties expected, or should have expected, the thing to be in at the time of delivery, according to its nature.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 1328 — LA Code / Code civil-code / Article 1328
Summary proceeding for action of partition.
Status: in_force

The judge, before whom the action of partition is brought, is bound to pronounce thereon in a summary manner, by which is always meant with the least possible delay and * in preference to the ordinary suits pending before him.

* English translation of French text incomplete; should include "by deciding this kind of cases."
La. Ch. Code art. 1283.4 — LA Code / Code childrens-code / Article 1283.4
Service of process
Status: in_force

A copy of the petition for adoption of a foreign orphan together with all exhibits shall be served by registered or certified mail, return receipt requested, postage prepaid and properly addressed to the department and on any agency having legal custody of the child.

Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
La. Ch. Code art. 1189 — LA Code / Code childrens-code / Article 1189
Grounds for disclosure
Status: in_force

A motion for disclosure shall show compelling necessity overriding the general policy of confidentiality for adoption records by alleging any of the following:

(1) There are inheritance rights which are or may be due from the biological parents of the adopted person in accordance with the Civil Code.

(2) There is a medical necessity requiring information about the biological family of the adopted person or his own preadoption health history in order to treat the adopted person, his siblings, or his descendants.

(3) Both the adopted person, or the adoptive parent of a minor or a deceased adoptive person, or a descendant of a deceased adopted person, or his parent if a minor, and a person reasonably believed to be his biological parent or biological sibling, or a parent, sibling, or descendant, or his parent if a minor, of a deceased biological parent have registered with the department pursuant to Chapter 15 of this Title.

(4) The information is otherwise required to be disclosed by federal or state law.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1997, No. 715, §1; Acts 2008, No. 583, §1; Acts 2010, No. 266, §1.
La. Code Crim. Proc. art. 381 — LA Code / Code code-of-criminal-procedure / Article 381
Nature of criminal prosecution
Status: in_force

A criminal prosecution is brought in the name of the state in a court of criminal jurisdiction, for the purpose of bringing to punishment one who has violated a criminal law.

The person injured by the commission of an offense is not a party to the criminal prosecution, and his rights are not affected thereby.
La. Ch. Code art. 689 — LA Code / Code childrens-code / Article 689
Case review reports; service
Status: in_force

A. A copy of the report shall be served upon counsel of record either by mail or electronic mail and upon any unrepresented party either by certified mail at his last known address or by the department by electronic mail at the electronic mail address expressly designated by the party in a pleading, at the continued custody or continued safety plan hearing, or at any other hearing at which the party personally appeared before the court prior to or at the same time it is filed with the court.

B. Service by electronic mail is complete upon transmission but is not effective if the serving party learns the transmission did not reach the party to be served.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2015, No. 124, §1, eff. June 19, 2015.
La. Civ. Code art. 3112 — LA Code / Code civil-code / Article 3112
Presentation and proof of claims by parties.
Status: in_force

The parties, who have submitted their differences to arbitrators, must make known their claims, and prove them, in the same manner as in a court of justice, by producing written or verbal evidence in the order agreed on between them or fixed by the arbitrators.
La. Code Crim. Proc. art. 934 — LA Code / Code code-of-criminal-procedure / Article 934
Miscellaneous definitions
Status: in_force

Except where the context clearly indicates otherwise, as used in this Code:

(1) "Act" includes a failure or omission to perform a legal duty.

(2) "City" means a city, town, village, or other municipality.

(3) "Convicted" means adjudicated guilty after a plea or after trial on the merits.

(4) "Defendant" means a person who has been charged with or accused of an offense.

(5) "District Attorney" includes an assistant district attorney, and where the prosecution is in a city court, includes the prosecuting officer of that court.

(6) "Indictment" includes information and affidavit, unless it is the clear intent to restrict that word to the finding of a grand jury.

(7) "Institution of prosecution" means the finding of an indictment, or the filing of an information, or affidavit, which is designed to serve as the basis of a trial.

(8) "Oath" includes affirmation.

(9) "Person" includes an individual, partnership, unincorporated association of individuals, joint stock company, or corporation.

(10) "State" includes a city or other political subdivision of the state.

(11) "Statute" and "criminal law" mean a criminal statute, a constitutional provision, or an ordinance of a city or other political subdivision of the state.

(12) "Trial on the merits" means trial on the issue of guilt or innocence.
La. Code Crim. Proc. art. 761 — LA Code / Code code-of-criminal-procedure / Article 761
Commencement of trial
Status: in_force

A jury trial commences when the first prospective juror is called for examination. A trial by a judge alone commences when the first witness is sworn.
La. Civ. Code art. 3212 — LA Code / Code civil-code / Article 3212
Teachers and preceptors.
Status: in_force

Teachers and preceptors, who receive into their houses young persons to be brought up, fed and instructed, enjoy the same privilege which is given to keepers of boarding houses.
La. Code Crim. Proc. art. 335.2 — LA Code / Code code-of-criminal-procedure / Article 335.2
Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Status: repealed

Acts 2012, No. 197, §3; Acts 2014, No. 317, §6; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
La. Ch. Code art. 819 — LA Code / Code childrens-code / Article 819
Continued custody hearing; time limitations
Status: in_force

If a child is not released to the care of his parents, the court shall set and hold a hearing within three days after the child's entry into the juvenile detention center or shelter care facility. The three-day period includes any day that is included as a legal holiday under Article 114. When the last day of the three-day period is a legal holiday, the hearing shall be set and held on the next business day that is not a legal holiday. If the hearing is not held, the child shall be released unless the hearing is continued at the request of the child.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2019, No. 310, §1.
La. Code Civ. Proc. art. 80 — LA Code / Code code-of-civil-procedure / Article 80
Action involving immovable property
Status: in_force

A. The following actions may be brought in the parish where the immovable property is situated or in the parish where the defendant in the action is domiciled:

(1) An action to assert an interest in immovable property, or a right in, to, or against immovable property.

(2) An action to partition immovable property, except as otherwise provided in Articles 81, 82, and 83.

(3) An action arising from the breach of a lease of immovable property, including the enforcing of a lessor's privilege or seeking the payment of rent. The venue authorized by this Subparagraph shall be in addition to any other venue provided by law for such action.

B. If the immovable property, consisting of one or more tracts, is situated in more than one parish, the action may be brought in any of these parishes.

C. Any action by the sheriff after rendition of judgment shall be by the sheriff of the parish in which the immovable property is situated; however, if the immovable property, consisting of one or more tracts, is situated in more than one parish, the action may be brought by the sheriff of any of the parishes in which a portion of the immovable property is situated.

D. Any action to revoke a donation of immovable property shall be brought in the parish in which the property is located. If the property is located in more than one parish, the action may be brought in any one of them. When such an action is filed a notice of pendency shall be filed in accordance with the provisions of Article 3751.

Amended by Acts 1984, No. 732, §1; Acts 1989, No. 393, §1; Acts 1989, No. 541, §1; Acts 2021, No. 259, §2.
La. Civ. Code art. 2369.7 — LA Code / Code civil-code / Article 2369.7
Court authorization to act alone
Status: in_force

A spouse may be authorized by the court in a summary proceeding to act without the concurrence of the other spouse, upon showing all of the following:

(1) The action is necessary.

(2) The action is in the best interest of the petitioning spouse and not detrimental to the interest of the nonconcurring spouse.

(3) The other spouse is an absent person or arbitrarily refuses to concur, or is unable to concur due to physical incapacity, mental incompetence, commitment, imprisonment, or temporary absence.

Acts 1995, No. 433, §1.
La. Code Civ. Proc. art. 1155 — LA Code / Code code-of-civil-procedure / Article 1155
Supplemental pleadings
Status: in_force

The court, upon written consent of the parties, may permit the mover to file a supplemental petition or answer setting forth items of damage, causes of action or defenses that have become exigible since the date of filing the original petition or answer, and that are related to or connected with the causes of action or defenses asserted therein. If the parties do not consent, the court may grant leave to file a supplemental petition or answer only upon contradictory motion.

Acts 2023, No. 5, §1.
La. Civ. Code art. 3214 — LA Code / Code civil-code / Article 3214
THE PRIVILEGE OF CLERKS
Status: in_force

Art. 3214. Clerks and secretaries, extent and rank of privilege for salaries.

Although clerks, secretaries and other agents of that sort can not be included under the denomination of servants, yet a privilege is granted them for their salaries for the last year elapsed, and so much as has elapsed of the current year. This privilege, however, can not be enforced until after that of the furnishers of provisions.
La. Civ. Code art. 1296 — LA Code / Code civil-code / Article 1296
Definitive and provisional partitions, distinguished.
Status: in_force

By definitive partition is also understood the judicial partition, made according to law; and by provisional partition, that in which the formalities prescribed by law have not been observed, or that by which the parties are not definitively bound.
La. Civ. Code art. 1467 — LA Code / Code civil-code / Article 1467
Methods of acquiring or disposing gratuitously
Status: in_force

Property can neither be acquired nor disposed of gratuitously except by donations inter vivos or mortis causa, made in one of the forms hereafter established.

Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
La. Code Crim. Proc. art. 835 — LA Code / Code code-of-criminal-procedure / Article 835
Presence of defendant at pronouncement of sentence
Status: in_force

A. Except as provided in Paragraph B of this Article, in felony cases the defendant shall always be present when sentence is pronounced and, in misdemeanor cases, the defendant shall be present when sentence is pronounced unless excused by the court. If a sentence is improperly pronounced in the defendant's absence, he shall be resentenced when his presence is secured.

B. Nothing in this Article prohibits the court, by local rule, from providing for a defendant's appearance at the pronouncement of sentence by simultaneous audio-visual transmission in accordance with the provisions of Article 562.

Amended by Acts 2020, No. 160, §1.
La. Civ. Code art. 1839 — LA Code / Code civil-code / Article 1839
Transfer of immovable property
Status: in_force

A transfer of immovable property must be made by authentic act or by act under private signature. Nevertheless, an oral transfer is valid between the parties when the property has been actually delivered and the transferor recognizes the transfer when interrogated on oath.

An instrument involving immovable property shall have effect against third persons only from the time it is filed for registry in the parish where the property is located.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 632 — LA Code / Code civil-code / Article 632
Regulation by title.
Status: in_force

The right of habitation is regulated by the title that establishes it. If the title is silent as to the extent of habitation, the right is regulated in accordance with Articles 633 through 635.

Acts 1976, No. 103, §1.
La. Code Civ. Proc. art. 4554 — LA Code / Code code-of-civil-procedure / Article 4554
Modification or termination of interdiction
Status: in_force

On motion of the court or any person, including the interdict, the court may modify or terminate its judgment when the court finds, by a preponderance of the evidence, that the terms of that judgment are currently either excessive or insufficient or that the ability of the interdict to care for his person or property has so changed as to warrant modification or termination. Except for good cause, the court shall follow substantially the same procedures that apply to an original petition for interdiction before it modifies or terminates an interdiction judgment.

Amended by Acts 1962, No. 92, §1; Acts 1991, No. 143, §2; Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001.
La. Ch. Code art. 1673 — LA Code / Code childrens-code / Article 1673
Binding effect of compact and other laws
Status: in_force

A.(1) Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.

(2) All compacting states' laws other than state constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict.

B.(1) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the compacting states.

(2) All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.

(3) Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation.

(4) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.

Acts 2003, No. 1185, §1, eff. July 1, 2004.
La. Code Crim. Proc. art. 729.7 — LA Code / Code code-of-criminal-procedure / Article 729.7
Protection of witness identity
Status: in_force

A. Notwithstanding any other provision of law to the contrary, the district attorney or the defendant may delete or excise from any information required to be disclosed herein any information which identifies a witness if such party believes the witness's safety may be compromised by the disclosure. If a party objects to the deletion or excision, he must do so by written motion. The court shall maintain the deletion or excision if, at an ex parte proceeding which shall be recorded and maintained under seal, the party excising or deleting such information makes a prima facie showing that the witness's safety may be compromised by the disclosure.

B. If the information excised by a party includes the substance, or any part thereof, of any written or recorded statement of the witness, that party must provide the excised substance, or any part thereof, to the other party immediately prior to the witness's testimony at the trial.

C. If a judge finds that the party excising or deleting such information has failed to present prima facie proof to support the deletion or excision of information related to a witness, then upon the motion of either party, the court shall order an automatic stay of all matters related to the disclosure of information about the witness and maintain all proceedings under seal during the time while the moving party seeks supervisory review to the appropriate reviewing courts with appellate jurisdiction, including the Louisiana Supreme Court.

D. The rules of evidence shall not be applicable to the ex parte proceedings conducted pursuant to this Article.

Acts 2013, No. 250, §1.

NOTE: See Acts 2013, No. 250, §2, relative to applicability.
La. Civ. Code art. 796 — LA Code / Code civil-code / Article 796
Error in the location of markers; rectification.
Status: in_force

When visible markers have been erroneously placed by one of the contiguous owners alone, or not in accordance with a written agreement fixing the boundary, the error may be rectified by the court unless a contiguous owner has acquired ownership up to the visible bounds by thirty years possession.

Acts 1977, No. 169, §1.
La. Civ. Code art. 3069 — LA Code / Code civil-code / Article 3069
Necessity for judgment against legal surety
Status: in_force

No judgment shall be rendered against a legal surety unless the creditor obtains judgment against the principal obligor fixing the amount of the latter's liability to the creditor or unless the amount of that liability has otherwise been fixed. The creditor may join the surety and principal obligor in the same action.

Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
La. Civ. Code art. 1507 — LA Code / Code civil-code / Article 1507
Reduction of legacies before donations inter vivos , order of reduction
Status: in_force

Donations inter vivos may not be reduced until the value of all the property comprised in donations mortis causa is exhausted. The testator may expressly declare in the testament that a legacy shall be paid in preference to others, in which case the preferred legacy shall not be reduced until the other legacies are exhausted.

Acts 1996, 1st Ex. Sess., No. 77, §1.
La. Ch. Code art. 771 — LA Code / Code childrens-code / Article 771
Adjudication order
Status: in_force

A. Following the adjudication, the court shall immediately declare whether the evidence warrants an adjudication that the family is in need of services. In exceptional circumstances, the court may take the matter under advisement.

B. If the court finds that the evidence does not warrant an adjudication that the family is in need of services, it shall dismiss the petition.

Acts 1991, No. 235, §7.
La. Ch. Code art. 1224 — LA Code / Code childrens-code / Article 1224
Service of process
Status: in_force

A. A copy of the petition for private 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.

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 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 395, §7.
La. Civ. Code art. 2448 — LA Code / Code civil-code / Article 2448
Things that may be sold
Status: in_force

All things corporeal or incorporeal, susceptible of ownership, may be the object of a contract of sale, unless the sale of a particular thing is prohibited by law.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 2811 — LA Code / Code civil-code / Article 2811
Partner as creditor of the partnership.
Status: in_force

A partner who acts in good faith for the partnership may be a creditor of the partnership for sums he disburses, obligations he incurs, and losses he sustains thereby.

Acts 1980, No. 150, §1.