FrankGoortani/open-us-law huggingface dataset:
La. Code Crim. Proc. art. 390 — LA Code / Code code-of-criminal-procedure / Article 390
Burden of proof; justification of self-defense raised; probable cause
Status: in_force

A. In any criminal proceeding in which the justification of self-defense is raised pursuant to R.S. 14:19 or 20, the state shall have the burden to prove beyond a reasonable doubt that the defendant did not act in self-defense.

B. Any defendant intending to assert the justification of self-defense pursuant to R.S. 14:19 or 20 shall provide written notice to the district attorney within ten days after the state has moved for discovery under Article 724. Thereafter, the court may, for good cause shown, allow a defendant to provide such notice at any time before the commencement of the trial.

C. A peace officer shall consider evidence of self-defense in accordance with R.S. 14:19 or 20 when determining if probable cause exists to conduct an arrest.

Acts 2024, No. 729, §2.
La. Code Civ. Proc. art. 3272 — LA Code / Code code-of-civil-procedure / Article 3272
Publication of notice of sale; place of sale
Status: in_force

Notice of the sale shall be published at least once for movable property, and at least twice for immovable property, in the manner provided by law. The court may order additional publications.

The notice of sale shall be published in the parish where the succession proceeding is pending. When immovable property situated in another parish is to be sold, the notice shall also be published in the parish where the property is situated. When movable property situated in another parish is to be sold, the court may require the notice to be published also in the parish where the property is situated.

The sale shall be conducted in the parish where the succession proceeding is pending, unless the court orders that the sale be conducted in the parish where the property is situated.
La. Ch. Code art. 1303.18 — LA Code / Code childrens-code / Article 1303.18
Assistance with discovery
Status: in_force

A tribunal of this state may:

(1) Request a tribunal outside this state to assist in obtaining discovery; and

(2) Upon request, compel a person over whom it has jurisdiction to respond to a discovery order issued by a tribunal outside this state.

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 Crim. Proc. art. 731 — LA Code / Code code-of-criminal-procedure / Article 731
Issuance of subpoenas
Status: in_force

A. The court shall issue subpoenas for the compulsory attendance of witnesses at hearings or trials when requested to do so by the state or the defendant. Clerks of court may issue subpoenas except as provided in Article 739.

B. The court and the clerks of court are authorized to place their signatures by electronic means on all subpoenas issued pursuant to this Chapter.

Amended by Acts 1980, No. 286, §1; Acts 2001, No. 54, §1; Acts 2007, No. 29, §1; Acts 2010, No. 58, §2.
La. Civ. Code art. 2758 — LA Code / Code civil-code / Article 2758
Destruction of work before delivery, liability of contractor furnishing materials.
Status: in_force

When the undertaker furnishes the materials for the work, if the work be destroyed, in whatever manner it may happen, previous to its being delivered to the owner, the loss shall be sustained by the undertaker, unless the proprietor be in default for not receiving it, though duly notified to do so.*

*"Though duly notified to do so" has no counterpart in French text.
La. Code Crim. Proc. art. 206 — LA Code / Code code-of-criminal-procedure / Article 206
Procedure when warrant defective
Status: in_force

A warrant of arrest shall not be quashed or abated, and a person in custody for an offense shall not be discharged from custody, because of any informality or defect in the warrant, but the warrant may be amended, so as to remedy the informality or defect.
La. Code Civ. Proc. art. 4871 — LA Code / Code code-of-civil-procedure / Article 4871
Jury trial prohibited
Status: in_force

There shall be no trial by jury in any case in a parish court, city court, or justice of the peace court.

Acts 1979, No. 46, §1, eff. Jan. 1, 1980.
La. Civ. Code art. 524 — LA Code / Code civil-code / Article 524
Recovery of lost or stolen things.
Status: in_force

The owner of a lost or stolen movable may recover it from a possessor who bought it in good faith at a public auction or from a merchant customarily selling similar things on reimbursing the purchase price.

The former owner of a lost, stolen, or abandoned movable that has been sold by authority of law may not recover it from the purchaser.

Acts 1979, No. 180, §1.
La. Code Crim. Proc. art. 954 — LA Code / Code code-of-criminal-procedure / Article 954
Jury pool; emergency sessions
Status: in_force

A. Upon motion by the district attorney and after a contradictory hearing, the court may summon jurors from the host jurisdiction. The district attorney must show that the interests of justice are served by the approval of such motion.

B. The summoning of jurors shall be conducted by the clerk of the host jurisdiction. The cost of summoning jurors and all costs regarding jurors shall be paid by the affected court.

Acts 2005, 1st. Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.
La. Ch. Code art. 439.1 — LA Code / Code childrens-code / Article 439.1
Duties of mediator
Status: in_force

A. The mediator shall assist the parties in formulating an agreement to mediate. The agreement shall be in writing, dated, and signed by the parties. It shall identify the controversies between the parties, affirm the parties' intent to resolve these controversies through mediation, and specify the circumstances under which the mediation may continue.

B. A mediator shall not knowingly assist the parties in reaching an agreement which would be unenforceable for reasons such as fraud, duress, overreaching, the absence of bargaining ability, or unconscionability.

C. Prior to signing such an agreement, the mediator shall advise the parties that each of them may obtain review by an attorney of any agreement reached as a result of the mediation.

D. The mediator shall at all times be impartial.

Acts 2001, No. 567, §1.
La. Code Crim. Proc. art. 794 — LA Code / Code code-of-criminal-procedure / Article 794
Removal of jury
Status: in_force

A. The court may, and at the request of the state or a defendant shall, remove the jury from the courtroom when the court hears matters to be decided by the court alone. The court may remove the jury from the courtroom at any time when considered in the best interest of justice.

B. The removal of the jury when the court is asked to make rulings on evidentiary matters is controlled by the Louisiana Code of Evidence.

Acts 1988, No. 515, §3, eff. Jan. 1, 1989.

{{NOTE: SEE ACTS 1988, NO. 515, §12.}}
La. Code Crim. Proc. art. 370 — LA Code / Code code-of-criminal-procedure / Article 370
Custody pending application for writs
Status: in_force

A person in custody shall not be released upon a writ of habeas corpus until forty-eight hours after the judgment ordering the release has been entered or until an application by the state for supervisory writs has been denied, whichever occurs first, if:

(1) The state has announced its intention to apply for supervisory writs; and

(2) The person is being held in custody by virtue of a court order or in connection with a felony.
La. Code Civ. Proc. art. 2133 — LA Code / Code code-of-civil-procedure / Article 2133
Answer of appellee; when necessary
Status: in_force

A. An appellee shall not be obliged to answer the appeal unless he desires to have the judgment modified, revised, or reversed in part or unless he demands damages against the appellant. In such cases, he must file an answer to the appeal, stating the relief demanded, not later than fifteen days after the return day or the lodging of the record whichever is later. The answer filed by the appellee shall be equivalent to an appeal on his part from any portion of the judgment rendered against him in favor of the appellant and of which he complains in his answer. Additionally, however, an appellee may by answer to the appeal, demand modification, revision, or reversal of the judgment insofar as it did not allow or consider relief prayed for by an incidental action filed in the trial court. If an appellee files such an answer, all other parties to the incidental demand may file similar answers within fifteen days of the appellee's action.

B. A party who does not seek modification, revision, or reversal of a judgment in an appellate court, including the supreme court, may assert, in support of the judgment, any argument supported by the record, although he has not appealed, answered the appeal, or applied for supervisory writs.

Amended by Acts 1968, No. 129, §1; Acts 1970, No. 474, §1; Acts 1989, No. 121, §1.
La. Ch. Code art. 1192 — LA Code / Code childrens-code / Article 1192
Orders of disclosure
Status: in_force

After a hearing, the court may order disclosure to the extent necessary to satisfy the mover's demonstrated ground for disclosure. Insofar as possible, an order disclosing information from the court's own records or any records obtained by the curator ad hoc shall contain nonidentifying information about the biological family. If the court determines that identifying information shall be disclosed, the court may release such information to the person requiring it and order that the confidentiality be maintained without disclosure to the mover.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2003, No. 567, §1; Acts 2008, No. 583, §1.
La. Civ. Code art. 101 — LA Code / Code civil-code / Article 101
Termination of marriage
Status: in_force

Marriage terminates upon:

The death of either spouse.

Divorce.

A judicial declaration of its nullity, when the marriage is relatively null.

The issuance of a court order authorizing the spouse of a person presumed dead to remarry, as provided by law.

Acts 1987, No. 886, §1, eff. Jan. 1, 1988; Acts 1990, No. 1009, §1, eff. Jan. 1, 1991.
La. Civ. Code art. 3243 — LA Code / Code civil-code / Article 3243
Loss of privilege after voyage in name of purchaser.
Status: in_force

But when the ship has made a voyage in the name and at the risk of the purchaser, without any claim on the part of the privileged creditors of the vendor, these privileges are lost and extinct against the ship, if she was in port at the time of sale.
La. Ch. Code art. 1669 — LA Code / Code childrens-code / Article 1669
The state council
Status: in_force

Each member state shall create a State Council for Interstate Juvenile Supervision. While each state may determine the membership of its own state council, its membership shall include at least one representative from the legislative, judicial, and executive branches of government, victims groups, and the compact administrator, deputy compact administrator or designee. Each compacting state retains the right to determine the qualifications of the compact administrator or deputy compact administrator. Each state council will advise and may exercise oversight and advocacy concerning that state's participation in Interstate Commission activities and other duties as may be determined by that state including but not limited to development of policy concerning operations and procedures of the compact within that state.

Acts 2003, No. 1185, §1, eff. July 1, 2004.
La. Civ. Code art. 577 — LA Code / Code civil-code / Article 577
Liability for repairs
Status: in_force

The usufructuary is responsible for ordinary maintenance and repairs for keeping the property subject to the usufruct in good order, whether the need for these repairs arises from accident or force majeure , the normal use of things, or his fault or neglect.

The naked owner is responsible for extraordinary repairs, unless they have become necessary as a result of the usufructuary's fault or neglect in which case the usufructuary is bound to make them at his cost.

Acts 1976, No. 103, §1. Amended by Acts 1979, No. 157, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.
La. Code Civ. Proc. art. 3401 — LA Code / Code code-of-civil-procedure / Article 3401
Jurisdiction; procedure
Status: in_force

When a nonresident dies leaving property situated in this state, a succession proceeding may be instituted in a court of competent jurisdiction in accordance with Article 2811.

Except as otherwise provided in this Title, the procedure in such a succession shall be the same as provided by law for the succession of a Louisiana domiciliary.
La. Civ. Code art. 256 — LA Code / Code civil-code / Article 256
Children born outside of marriage
Status: in_force

A. The mother is of right the tutrix of her child born outside of marriage not acknowledged by the father, or acknowledged by him without her concurrence.

B. After the death of the mother, if the father had not acknowledged the child prior to the mother's death, the court shall give first consideration to appointment as tutor either of her parents or siblings who survive her and accept the appointment, and secondly, the father, always taking into consideration the best interests of the child.

C. If both parents have acknowledged their child born outside of marriage, the judge shall appoint as tutor the one by whose care the best interests of the child will be served. However, if the parents are awarded joint custody of such acknowledged child born outside of marriage, then the cotutorship of such child shall belong of right to both parents, with equal authority to act alone, on behalf of the child, and with equal privileges and responsibilities, unless modified by order of the court or by an agreement of the parents, approved by the court awarding joint custody.

Acts 1983, No. 215, §1, eff. Sept. 1, 1983; Acts 2016, No. 210, §1; Acts 2022, No. 121, §1, eff. May 25, 2022.
La. Code Civ. Proc. art. 222 — LA Code / Code code-of-civil-procedure / Article 222
Direct contempt
Status: in_force

A direct contempt of court is one committed in the immediate view and presence of the court and of which it has personal knowledge, or a contumacious failure to comply with a subpoena or summons, proof of service of which appears of record.

Any of the following acts constitutes a direct contempt of court:

(1) Contumacious, insolent, or disorderly behavior toward the judge, or an attorney or other officer of the court, tending to interrupt or interfere with the business of the court, or to impair its dignity or respect for its authority;

(2) Breach of the peace, boisterous conduct, or violent disturbance tending to interrupt or interfere with the business of the court, or to impair its dignity or respect for its authority;

(3) Use of insulting, abusive, or discourteous language by an attorney or other person in open court, or in a pleading, brief, or other document filed with the court in irrelevant criticism of another attorney or of a judge or officer of the court;

(4) Violation of a rule of the court adopted to maintain order and decorum in the court room;

(5) Contumacious failure to comply with a subpoena, proof of service of which appears of record, or refusal to take the oath or affirmation as a witness, or refusal of a witness to answer a non-incriminating question when ordered to do so by the court; and

(6) Contumacious failure to attend court to serve as a juror after being accepted as such, or to attend court as a member of a jury venire, when proof of service of the summons appears of record.
La. Code Civ. Proc. art. 327 — LA Code / Code code-of-civil-procedure / Article 327
Seizure of rents, fruits, and revenue of property under seizure
Status: in_force

The seizure of property by the sheriff effects the seizure of the fruits and issues which it produces while under seizure. The sheriff shall collect all rents and revenue produced by property under seizure.
La. Civ. Code art. 1346 — LA Code / Code civil-code / Article 1346
Amicable continuation of proceedings by heirs.
Status: in_force

If the heirs who have instituted the suit for partition be of age and present, and the judge has fixed the mode of making it, whether in kind or otherwise, nothing shall prevent the heirs from continuing their partition amicably and in the manner they think proper.
La. Code Crim. Proc. art. 355 — LA Code / Code code-of-criminal-procedure / Article 355
Persons authorized to make service; proof of service
Status: in_force

A writ of habeas corpus may be served by a person over the age of twenty-one who is capable of testifying. If the writ is served by someone other than a sheriff, the affidavit of the person who served it shall be prima facie proof of such service.
La. Code Civ. Proc. art. 2161 — LA Code / Code code-of-civil-procedure / Article 2161
Dismissal for irregularities
Status: in_force

An appeal shall not be dismissed because the trial record is missing, incomplete or in error no matter who is responsible, and the court may remand the case either for retrial or for correction of the record. An appeal shall not be dismissed because of any other irregularity, error or defect unless it is imputable to the appellant. Except as provided in Article 2162, a motion to dismiss an appeal because of any irregularity, error, or defect which is imputable to the appellant must be filed within three days, exclusive of holidays, of the return day or the date on which the record on appeal is lodged in the appellate court, whichever is later.

Amended by Acts 1972, No. 531 §1.
La. Code Evid. art. 413 — LA Code / Code code-of-evidence / Article 413
Settlement or tender
Status: in_force

Any amount paid in settlement or by tender shall not be admitted into evidence unless the failure to make a settlement or tender is an issue in the case.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Civ. Code art. 2998 — LA Code / Code civil-code / Article 2998
Contracting with one's self
Status: in_force

A mandatary who represents the principal as the other contracting party may not contract with himself unless he is authorized by the principal, or, in making such contract, he is merely fulfilling a duty to the principal.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
La. Ch. Code art. 413 — LA Code / Code childrens-code / Article 413
Records; intercourt transfer
Status: in_force

A. When any court of this state makes a written request, including telegraphic, teletyped or facsimile transmission requests, hereinafter "requesting court", of any other court, hereinafter "responding court", for the arrest, disposition, and other records relating to a juvenile currently within the jurisdiction of the requesting court, the responding court shall promptly comply with such requests by depositing the requested information in the mail, addressed to the requesting court, within ten days exclusive of legal holidays.

B. Failure to comply with the provisions of this Article shall subject the violating court to disciplinary action by the Supreme Court of Louisiana upon receipt by the judicial administrator of the supreme court of a written complaint, subsequently substantiated, by the requesting court.

Acts 1991, No. 235, §4, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
La. Code Crim. Proc. art. 275 — LA Code / Code code-of-criminal-procedure / Article 275
Application for return of wanted fugitive
Status: in_force

When the return to this state of a person convicted of a crime who has escaped from confinement or broken the terms of his bail, probation, parole, furlough, or reprieve is desired, the governor shall be presented with a written application for a requisition for his return. The application may be made by a district attorney or the attorney general, and shall state the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement or of the breach of the terms of his bail, probation, parole, furlough, or reprieve. It shall specify the state in which he is believed to be and his probable location in that state at the time the application is made. It shall also recommend a peace officer or other person as agent to receive the person sought.
La. Civ. Code art. 41 — LA Code / Code civil-code / Article 41
Domicile of unemancipated minor
Status: in_force

The domicile of an unemancipated minor is that of the parent or parents with whom the minor usually resides. If the minor has been placed by court order under the legal authority of a parent or other person, the domicile of that person is the domicile of the minor, unless the court directs otherwise.

The domicile of an unemancipated minor under tutorship is that of his tutor. In case of joint tutorship, the domicile of the minor is that of the tutor with whom the minor usually resides, unless the court directs otherwise.

Acts 2008, No. 801, §1, eff. Jan. 1, 2009.
La. Civ. Code art. 196 — LA Code / Code civil-code / Article 196
Formal acknowledgment; presumption
Status: in_force

A man may, by authentic act, acknowledge a child not filiated to another man. The acknowledgment creates a presumption that the man who acknowledges the child is the father. The presumption can be invoked only on behalf of the child. Except as otherwise provided in custody, visitation, and child support cases, the acknowledgment does not create a presumption in favor of the man who acknowledges the child.

Acts 2005, No. 192, §1, eff. June 29, 2005; Acts 2006, No. 344, §1, eff. June 13, 2006; Acts 2009, No. 3, §3, eff. June 9, 2009; Acts 2016, No. 309, §1.
La. Civ. Code art. 3549 — LA Code / Code civil-code / Article 3549
Law governing liberative prescription
Status: in_force

A. When the substantive law of this state would be applicable to the merits of an action brought in this state, the prescription and peremption law of this state applies.

B. When the substantive law of another state would be applicable to the merits of an action brought in this state, the prescription and peremption law of this state applies, except as specified below:

(1) If the action is barred under the law of this state, the action shall be dismissed unless it would not be barred in the state whose law would be applicable to the merits and maintenance of the action in this state is warranted by compelling considerations of remedial justice.

(2) If the action is not barred under the law of this state, the action shall be maintained unless it would be barred in the state whose law is applicable to the merits and maintenance of the action in this state is not warranted by the policies of this state and its relationship to the parties or the dispute nor by any compelling considerations of remedial justice.

C. Notwithstanding the foregoing provisions, if the substantive law of another state would be applicable to the merits of an action brought in this state and the action is brought by or on behalf of any person who, at the time the cause of action arose, neither resided in nor was domiciled in this state, the action shall be barred if it is barred by a statute of limitation or repose or by a law of prescription or peremption of the other state, and that statute or law is, under the laws of the other state, deemed to be substantive, rather than procedural, or deemed to bar or extinguish the right that is sought to be enforced in the action and not merely the remedy.

Acts 1991, No. 923, §1, eff. Jan. 1, 1992; Acts 2005, No. 213, §1.
La. Code Civ. Proc. art. 285 — LA Code / Code code-of-civil-procedure / Article 285
Powers of district court clerk may be exercised whether judge absent from parish or not
Status: in_force

The powers and authority granted to the clerk of a district court under Articles 282 through 284 may be exercised by him whether the judge of the district court is absent from the parish or not.
La. Civ. Code art. 2054 — LA Code / Code civil-code / Article 2054
No provision of the parties for a particular situation
Status: in_force

When the parties made no provision for a particular situation, it must be assumed that they intended to bind themselves not only to the express provisions of the contract, but also to whatever the law, equity, or usage regards as implied in a contract of that kind or necessary for the contract to achieve its purpose.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.