FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 3607.1 — LA Code / Code code-of-civil-procedure / Article 3607.1
Registry of temporary restraining order, preliminary injunction, or permanent injunction
Status: in_force

A. Immediately upon rendering a decision granting the petitioner a temporary restraining order or a preliminary or permanent injunction prohibiting a person from harming a family or household member or dating partner, or directing a person accused of stalking to refrain from abusing, harassing, or interfering with the victim of the stalking when the parties are strangers or acquaintances, the judge shall cause to have prepared a Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall immediately forward it to the clerk of court for filing on the day that the order is issued.

B. When a temporary restraining order, preliminary injunction, or permanent injunction relative to domestic abuse or dating violence or relative to stalking as provided for in Paragraph A of this Article, is issued, dissolved, or modified, the clerk of court shall transmit the Uniform Abuse Prevention Order to the Judicial Administrator's Office, Louisiana Supreme Court, for entry into the Louisiana Protective Order Registry, as provided in R.S. 46:2136.2(A), by facsimile transmission or direct electronic input as expeditiously as possible, but no later than the end of the next business day after the order is filed with the clerk of court. The clerk of the issuing court shall also send a copy of the Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), or any modification thereof, to the chief law enforcement officer of the parish where the person or persons protected by the order reside by facsimile transmission or direct electronic input as expeditiously as possible, but no later than the end of the next business day after the order is filed with the clerk of court. A copy of the Uniform Abuse Prevention Order shall be retained on file in the office of the chief law enforcement officer until otherwise directed by the court.

Added by Acts 1997, No. 1156, §2; Acts 2003, No. 750, §1; Acts 2014, No. 317, §5; Acts 2014, No. 355, §1.
La. Code Civ. Proc. art. 1572 — LA Code / Code code-of-civil-procedure / Article 1572
Written request for notice of trial
Status: in_force

The clerk shall give written notice of the date of the trial whenever a written request therefor is filed in the record or is made by registered mail by a party or counsel of record. This notice shall be mailed by the clerk, by certified mail, properly stamped and addressed, at least ten days before the date fixed for the trial. The provisions of this article may be waived by all counsel of record at a pre-trial conference.

Amended by Acts 1980, No. 460, §1.
La. Code Civ. Proc. art. 1471 — LA Code / Code code-of-civil-procedure / Article 1471
Failure to comply with order compelling discovery; sanctions
Status: in_force

A. If a party or an officer, director, or managing agent of a party or a person designated under Article 1442 or 1448 to testify on behalf of a party fails to obey an order to provide or permit discovery, including an order made under Article 1464 or 1469, the court in which the action is pending may make such orders in regard to the failure as are just, including any of the following:

(1) An order that the matters regarding which the order was made or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order.

(2) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting him from introducing designated matters in evidence.

(3) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a default judgment against the disobedient party upon presentation of proof as required by Article 1702.

(4) In lieu of any of the foregoing orders or in addition thereto, an order treating as a contempt of court the failure to obey any orders except an order to submit to a physical or mental examination.

(5) Where a party has failed to comply with an order under Article 1464, requiring him to produce another for examination, such orders as are listed in Subparagraphs (1), (2), and (3) of this Paragraph, unless the party failing to comply shows that he is unable to produce such person for examination.

B. Absent exceptional circumstances, a court may not impose sanctions under this Article on a person or party for failing to provide electronically stored information lost as a result of the routine, good-faith operation of an electronic information system.

C. In lieu of any of the foregoing orders or in addition thereto, the court shall require the party failing to obey the order or the attorney advising him or both to pay the reasonable expenses, including attorney fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust.

Acts 1976, No. 574, §1; Acts 2008, No. 824, §3, eff. Jan. 1, 2009; Acts 2018, No. 195, §1; Acts 2021, No. 174, §1, eff. Jan. 1, 2022.
La. Code Civ. Proc. art. 3658 — LA Code / Code code-of-civil-procedure / Article 3658
Same; requisites
Status: in_force

To maintain the possessory action the plaintiff shall allege and prove all of the following:

(1) The plaintiff had possession or precarious possession of the immovable property or real right therein at the time the disturbance occurred.

(2) The plaintiff and his ancestors in title, or the person for whom the plaintiff possesses precariously and that person's ancestors in title, had such possession quietly and without interruption for more than a year immediately prior to the disturbance, unless evicted by force or fraud.

(3) The disturbance was one in fact or in law, as defined in Article 3659.

(4) The possessory action was instituted within a year of the disturbance.

Amended by Acts 1981, No. 256, §1; Acts 2023, No. 421, §2.
La. Civ. Code art. 3479 — LA Code / Code civil-code / Article 3479
Particular successor of precarious possessor
Status: in_force

A particular successor of a precarious possessor who takes possession under an act translative of ownership possesses for himself, and prescription runs in his favor from the commencement of his possession.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Civ. Code art. 3254 — LA Code / Code civil-code / Article 3254
Special privileges prime general privileges on movables; ranking among general privileges when movables sufficient.
Status: in_force

If the movable property, not subject to any special privilege, is sufficient to pay the debts which have a general privilege on the movables, those debts are paid in the following order:

Funeral charges are the first paid.

Law charges, the second.

Expenses of the last illness, the third.

The wages of servants, the fourth.

Supplies of provisions, the fifth.

The salaries of clerks, secretaries, and others of that nature, the sixth.

The thousand dollars secured by law to the surviving spouse or minor children, as set forth in Article 3252, shall be paid in preference to all other debts, except those for the vendor's privileges and expenses incurred in selling the property.

Amended by Acts 1979, No. 711, §1.
La. Code Civ. Proc. art. 4206 — LA Code / Code code-of-civil-procedure / Article 4206
Termination of duties
Status: in_force

The undertutor is relieved of further duty and authority as undertutor when the minor reaches majority or is fully emancipated. However, his liability for acts prior thereto shall not be affected.
La. Code Crim. Proc. art. 951 — LA Code / Code code-of-criminal-procedure / Article 951
Sheriff; law enforcement officer
Status: in_force

A. The sheriff and any other law enforcement agency or officer or court official having jurisdiction in the affected court shall have all necessary authority and powers to operate within the host jurisdiction in which the affected court is conducting emergency sessions pursuant to Article 944, including the collection of fines, fees, costs, and bonds. This authority shall be limited to those matters being conducted in the emergency session of court.

B. The provisions of this Article shall constitute an exception to territorial jurisdiction of the sheriff in the same manner as Articles 204 and 213.

Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.
La. Civ. Code art. 2789 — LA Code / Code civil-code / Article 2789
Applicable law
Status: in_force

In all matters for which no special provision is made in this Chapter, the annuity charge is governed by the provisions of Chapter 1 of this Title.

Acts 2012, No. 258, §1, eff. Jan. 1, 2013.
La. Code Crim. Proc. art. 493.2 — LA Code / Code code-of-criminal-procedure / Article 493.2
Joinder of felonies; mode of trial
Status: in_force

Notwithstanding the provisions of Article 493, offenses in which punishment is necessarily confinement at hard labor may be charged in the same indictment or information with offenses in which the punishment may be confinement at hard labor, provided that the joined offenses are of the same or similar character or are based on the same act or transaction or on two or more acts or transactions connected together or constituting parts of a common scheme or plan. Cases so joined shall be tried by a jury composed of twelve jurors, ten of whom must concur to render a verdict.

Acts 1997, No. 559, §1.
La. Ch. Code art. 739 — LA Code / Code childrens-code / Article 739
Continued custody hearing; time limitations
Status: in_force

A. If the child is not released to the care of his parents, a hearing shall be held by the court within three days after the child's entry into custody. The hearing may be continued for up to three additional days upon motion and with good cause shown. If the hearing is not timely held, the child shall be released unless the hearing is continued at the request of the child.

B. If pursuant to Article 737(A) the child is being held in a secure detention facility, a hearing shall be held within twenty-four hours, excluding weekends and holidays, after the child's entry into custody. If the hearing is not timely held, the child shall be released unless the hearing is continued at the request of the child.

C. At this hearing, the state has the burden of proving the existence of a ground for continued custody pursuant to Article 741.

D. Hearsay evidence shall be admissible at this hearing.

E. Notwithstanding any other provisions of this Code to the contrary, and due to the expedited nature of these hearings, in a judicial district comprised of more than one parish, a continued custody hearing may be conducted in any parish in the judicial district.

Acts 1991, No. 235, §7; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 1313, §1; Acts 2008, No. 634, §1.
La. Civ. Code art. 786 — LA Code / Code civil-code / Article 786
Persons who may compel fixing of boundary.
Status: in_force

The boundary may be fixed upon the demand of an owner or of one who possesses as owner. It may also be fixed upon the demand of a usufructuary but it is not binding upon the naked owner unless he has been made a party to the proceeding.

Acts 1977, No. 169, §1.
La. Civ. Code art. 2657 — LA Code / Code civil-code / Article 2657
Giving in partial payment
Status: in_force

An obligor may give a thing to the obligee in partial payment of a debt.

A giving in partial payment extinguishes the debt in the amount intended by the parties. If the parties' intent concerning the amount of the partial extinguishment cannot be ascertained, it is presumed that they intended to extinguish the debt in the amount of the fair market value of the thing given in partial payment.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Civ. Proc. art. 4659 — LA Code / Code code-of-civil-procedure / Article 4659
Costs
Status: in_force

When money has been deposited into the registry of the court by the plaintiff, neither he nor any other party shall be required to pay any of the costs of the proceeding as they accrue, but these shall be deducted from the money on deposit. The court may award the successful claimant judgment for the costs of the proceeding which have been deducted from the money on deposit, or any portion thereof, against any other claimant who contested his right thereto, as in its judgment may be considered equitable.

In all other instances, the court may render judgment for costs as it considers equitable.
La. Civ. Code art. 614 — LA Code / Code civil-code / Article 614
Fault of a third person.
Status: in_force

When any loss, extinction, or destruction of property subject to usufruct is attributable to the fault of a third person, the usufruct does not terminate but attaches to any claim for damages and the proceeds therefrom.

Acts 1976, No. 103, §1.
La. Civ. Code art. 91 — LA Code / Code civil-code / Article 91
Marriage ceremony required
Status: in_force

The parties must participate in a marriage ceremony performed by a third person who is qualified, or reasonably believed by the parties to be qualified, to perform the ceremony. The parties must be physically present at the ceremony when it is performed.

Acts 1987, No. 886, §1, eff. Jan. 1, 1988.
La. Ch. Code art. 421 — LA Code / Code childrens-code / Article 421
Probation officers
Status: in_force

A. The court shall have the authority to commission probation officers, one of whom may be designated as chief probation officer or director of probation.

B. Probation officers shall have the power and authority to make arrests; to serve notices, orders, subpoenas, and writs; and to execute all orders and perform any other duties incident to their office. Nothing in this Paragraph shall be construed to relieve the sheriff from the duties as set forth in R.S. 13:5539.

C. Employment of probation officers by any court for its exclusive service shall in no way be affected by or limit the court in availing itself of the services of the officers or other employees as may be provided by the state.

Acts 1991, No. 235, §4, eff. Jan. 1, 1992; Acts 2024, No. 92, §1.
La. Ch. Code art. 1570.1 — LA Code / Code childrens-code / Article 1570.1
Costs paid by abuser
Status: in_force

A. Except as provided in Paragraph B of this Article, all court costs, attorney fees, costs of enforcement and modification proceedings, costs of appeal, evaluation fees, and expert witness fees incurred in maintaining or defending any proceeding concerning domestic abuse assistance in accordance with the provisions of this Chapter shall be paid by the perpetrator of the domestic violence, including all costs of medical and psychological care for the abused adult, or for any of the children, necessitated by the domestic violence.

B. If the court determines the petition was frivolous, the court may order the nonprevailing party to pay all court costs and reasonable attorney fees of the other party. Failure to appear at a hearing on the petition shall not on its own constitute grounds for assessing court costs and fees against the petitioner.

Acts 1997, No. 1156, §1; Acts 2006, No. 777, §1; Acts 2008, No. 411, §2, eff. June 21, 2008; Acts 2018, No. 264, §2; Acts 2022, No. 416, §1, eff. June 15, 2022.
La. Civ. Code art. 3496.1 — LA Code / Code civil-code / Article 3496.1
Action against a person for abuse of a minor
Status: in_force

An action against a person for abuse of a minor is subject to a liberative prescriptive period of three years. This prescription commences to run from the day the minor attains majority, and this prescription, for all purposes, shall be suspended until the minor reaches the age of majority. This prescriptive period shall be subject to any exception of peremption provided by law.

Acts 1992, No. 322, §1.
La. Civ. Code art. 590 — LA Code / Code civil-code / Article 590
Encumbered property; discharge of debt on encumbered property by naked owner
Status: in_force

If the usufructuary fails or refuses to advance the funds needed to discharge a debt secured by property subject to the usufruct, or an estate debt that is charged to the property subject to the usufruct, the naked owner may advance the funds needed. If he does so, the naked owner may demand that the usufructuary pay him interest during the period of the usufruct. If the naked owner does not advance the funds, he may demand that all or part of the property be sold as needed to discharge the debt.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.
La. Code Civ. Proc. art. 4341 — LA Code / Code code-of-civil-procedure / Article 4341
Petition
Status: in_force

In addition to the requirements of Article 4271, a petition for authority to sell property of a minor at private sale shall set forth a description of the property, the price and conditions of the proposed sale, and the reasons which make it advantageous to the minor to sell at private sale.
La. Civ. Code art. 30 — LA Code / Code civil-code / Article 30
Presumption of death
Status: in_force

When a person has disappeared under circumstances such that his death seems certain, his death is considered to have been established even though his body has not been found.

Acts 1990, No. 989, §3, eff. Jan. 1, 1991.
La. Code Civ. Proc. art. 2002 — LA Code / Code code-of-civil-procedure / Article 2002
Annulment for vices of form; time for action
Status: in_force

A. A final judgment shall be annulled if it is rendered:

(1) Against an incompetent person not represented as required by law.

(2) Against a defendant who has not been served with process as required by law and who has not waived objection to jurisdiction, or against whom a valid default judgment has not been taken.

(3) By a court which does not have jurisdiction over the subject matter of the suit.

B. Except as otherwise provided in Article 2003, an action to annul a judgment on the grounds listed in this Article may be brought at any time.

Acts 1997, No. 578, §1; Acts 2017, No. 419, §1; Acts 2021, No. 174, §1, eff. Jan. 1, 2022.
La. Code Civ. Proc. art. 932 — LA Code / Code code-of-civil-procedure / Article 932
Effect of sustaining declinatory exception
Status: in_force

A. When the grounds of the objections pleaded in the declinatory exception may be removed by amendment of the petition or other action of plaintiff, the judgment sustaining the exception shall order the plaintiff to remove them within the delay allowed by the court; if the court finds, on sustaining the objection that service of citation on the defendant was not requested timely, it may either dismiss the action as to that defendant without prejudice or, on the additional finding that service could not have been timely requested, order that service be effected within a specified time.

B. If the grounds of the objection cannot be so removed, or if the plaintiff fails to comply with an order requiring such removal, the action, claim, demand, issue, or theory subject to the exception shall be dismissed; except that if an action has been brought in a court of improper jurisdiction or venue, the court may transfer the action to a proper court in the interest of justice.

Acts 2003, No. 545, §1; Acts 2006, No. 750, §1.
La. Ch. Code art. 791.5 — LA Code / Code childrens-code / Article 791.5
Reporting; operation
Status: in_force

A. The Louisiana Commission on Law Enforcement and Administration of Criminal Justice shall report statistical data indicating the effectiveness of this program to the Joint Legislative Committee on the Budget for use by the committee in consideration of continuation or expansion of the program.

B. The provisions of this Chapter with respect to any parish which has a truancy assessment service center shall be operational subject to appropriation by the legislature to the commission.

C. The commission may use appropriated funds to provide for the reasonable costs of administering the provisions of this Chapter and to provide funding for the local truancy assessment service centers.

Acts 2001, No. 745, §1; Acts 2004, No. 570, §1; Acts 2007, No. 169, §1, eff. June 27, 2007; Acts 2023, No. 387, §1, eff. June 14, 2023.
La. Civ. Code art. 3419.1 — LA Code / Code civil-code / Article 3419.1
Lost things; domestic animals
Status: in_force

To claim ownership of a domestic animal pursuant to Article 3419 or 3490, the possessor shall prove that the animal when acquired lacked a microchip or other owner-identifying information such as a collar, rabies tag, or tattoo. The presence of owner-identifying information creates a rebuttable presumption that the possessor has not satisfied the requirements for ownership under Article 3419 or 3490.

Acts 2021, No. 162, §2, eff. June 11, 2021.
La. Code Civ. Proc. art. 4542 — LA Code / Code code-of-civil-procedure / Article 4542
Venue
Status: in_force

Venue for an interdiction proceeding is the parish where the defendant is domiciled, where he resides if he has no domicile in this state, or where he is physically present if he has no residence in this state.

Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001.
La. Ch. Code art. 1303.2 — LA Code / Code childrens-code / Article 1303.2
Proceeding by minor parent
Status: in_force

A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child.

Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Code Civ. Proc. art. 2128 — LA Code / Code code-of-civil-procedure / Article 2128
Same; determination of content
Status: in_force

The form and content of the record on appeal shall be in accordance with the rules of the appellate court, except as provided in the constitution and as provided in Article 2128.1. However, within three days, exclusive of holidays, after taking the appeal the appellant may designate in a writing filed with the trial court such portions of the record which he desires to constitute the record on appeal. Within five days, exclusive of holidays, after service of a copy of this designation on the other party, that party may also designate in a writing filed with the trial court such other portions of the record as he considers necessary. In such cases the clerk shall prepare the record on appeal as so directed, but a party or the trial court may cause to be filed thereafter any omitted portion of the record as a supplemental record. When no designation is made, the record shall be a transcript of all the proceedings as well as all documents filed in the trial court.

Acts 2012, No. 171, §1.
La. Code Crim. Proc. art. 487.1 — LA Code / Code code-of-criminal-procedure / Article 487.1
Indictment for driving while intoxicated; amendment
Status: in_force

An indictment which charges operating a vehicle while intoxicated may be amended at any time prior to commencement of the trial to charge a second, third, or fourth offense thereof regardless of whether such second, third, or fourth offense occurred before or after an earlier conviction of operating a vehicle while intoxicated.

Added by Acts 1978, No. 682, §2.
La. Civ. Code art. 1788 — LA Code / Code civil-code / Article 1788
Joint obligations for obligors or obligees
Status: in_force

When different obligors owe together just one performance to one obligee, but neither is bound for the whole, the obligation is joint for the obligors.

When one obligor owes just one performance intended for the common benefit of different obligees, neither of whom is entitled to the whole performance, the obligation is joint for the obligees.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 3347 — LA Code / Code civil-code / Article 3347
Effect of recordation arises upon filing
Status: in_force

The effect of recordation arises when an instrument is filed with the recorder and is unaffected by subsequent errors or omissions of the recorder. An instrument is filed with a recorder when he accepts it for recordation in his office.

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.