FrankGoortani/open-us-law huggingface dataset:
La. Code Crim. Proc. art. 313.1 — LA Code / Code code-of-criminal-procedure / Article 313.1
Detention of noncitizen defendant pending bail hearing
Status: in_force

A. A contradictory bail hearing, as provided for in this Article, shall be held prior to setting bail for any person in custody who is not a citizen of the United States or not lawfully admitted for permanent residence and who is charged with the commission of an offense in which there was a fatality. The hearing shall be held within five days from the date of determination of probable cause, exclusive of weekends and legal holidays. At the contradictory hearing, the court shall determine the conditions of bail or whether the defendant should be held without bail pending trial.

B. In determining whether the defendant should be admitted to bail pending trial, or in determining the conditions of bail, the judge or magistrate shall consider the following:

(1) The criminal history of the defendant.

(2) The nature and seriousness of the danger to any other person or the community that would be posed by the defendant's release.

(3) Documented history or records of substance abuse by the defendant.

(4) The seriousness of the offense charged and the weight of the evidence against the defendant.

(5) The risk that the defendant might flee.

C. Following the contradictory hearing and based upon the judge's or magistrate's review of the factors set forth in Paragraph B of this Article, the judge or magistrate may order that the defendant not be admitted to bail, upon proof by clear and convincing evidence that the defendant might flee, or that the defendant poses an imminent danger to any other person or the community.

D. If bail is granted, the judge or magistrate may consider, as a condition of bail, a requirement that the defendant wear an electronic monitoring device and be placed under active electronic monitoring and house arrest. The conditions of the electronic monitoring and house arrest shall be determined by the court and may include but are not limited to limitation of the defendant's activities outside the home and a curfew. The defendant may be required to pay a reasonable supervision fee to the supervising agency to defray the cost of the required electronic monitoring and house arrest.

E. Any violation of the conditions of bail may be punishable by revocation of the bond and the issuance of a bench warrant for the defendant's arrest or remanding of the defendant to custody or a modification of the terms of bail.

Acts 2016, No. 474, §1.
La. Code Civ. Proc. art. 3785 — LA Code / Code code-of-civil-procedure / Article 3785
Disobedience of writ or judgment; contempt
Status: in_force

A person who fails to comply with a writ of habeas corpus, or with a judgment rendered after a hearing on a petition for a writ of habeas corpus, mandamus, or quo warranto may be punished for contempt. When a sentence of imprisonment is imposed for contempt, imprisonment may continue until the defendant obeys the writ or judgment.
La. Code Civ. Proc. art. 3603.1 — LA Code / Code code-of-civil-procedure / Article 3603.1
Governing provisions for issuance of protective orders; grounds; notice; court-appointed counsel
Status: in_force

A. Notwithstanding any provision of law to the contrary, and particularly the provisions of Domestic Abuse Assistance, Part II of Chapter 28 of Title 46, Post-Separation Family Violence Relief Act and Injunctions and Incidental Orders, Parts IV and V of Chapter 1 of Code Title V of Title 9, Domestic Abuse Assistance, Chapter 8 of Title XV of the Children's Code, and this Chapter, no temporary restraining order or preliminary injunction prohibiting a spouse or other person from harming or going near or in the proximity of another shall issue, unless the complainant has good and reasonable grounds to fear for his or her safety or that of the children, or the complainant has in the past been the victim of domestic abuse by the other spouse.

B. Any person against whom such an order is issued shall be entitled to a court-appointed attorney if the applicant has likewise been afforded a court-appointed attorney, which right shall also be included in any order or notice.

C.(1) A complainant seeking protection from domestic abuse, dating violence, stalking, or sexual assault shall not be required to prepay or be cast with court costs or costs of service of subpoena for the issuance or dissolution of a temporary restraining order, preliminary or permanent injunction, or protective order , or the dismissal of a petition for such, and the clerk of court shall immediately file and process the order issued regardless of the ability of the plaintiff to pay court costs.

(2) When the complainant is seeking protection from domestic abuse, stalking, or sexual assault, the clerk of court shall make forms available for making application for protective orders, provide clerical assistance to the petitioner when necessary, provide the necessary forms, and provide the services of a notary, where available, for completion of the petition.

(3) When a complainant is seeking a temporary restraining order for protection from domestic abuse, dating violence, stalking, or sexual assault, it is sufficient for the petition to contain a written affirmation signed and dated by the complainant that the facts and circumstances contained in the complaint are true and correct to the best knowledge, information, and belief of the complainant, under penalty of perjury pursuant to R.S. 14:123. The affirmation shall be made before a witness who shall sign and print his name.

Added by Acts 1997, No. 1156, §2; Acts 1999, No. 1200, §4; Acts 2001, No. 430, §1; Acts 2003, No. 750, §1; Acts 2004, No. 502, §1; Acts 2014, No. 355, §1; Acts 2021, No. 394, §1.
La. Code Civ. Proc. art. 3510 — LA Code / Code code-of-civil-procedure / Article 3510
Necessity for judgment and execution
Status: in_force

Except as provided in Article 3513, a final judgment must be obtained in an action where a writ of attachment or of sequestration has issued before the property seized can be sold to satisfy the claim.
La. Civ. Code art. 2805 — LA Code / Code civil-code / Article 2805
Name of the partnership.
Status: in_force

A partnership may adopt a name with or without the inclusion of the names of any of the partners. If no name is adopted, the business must be conducted in the name of all the partners.

Acts 1980, No. 150, §1.
La. Ch. Code art. 1309.3 — LA Code / Code childrens-code / Article 1309.3
Severability
Status: in_force

If any provision of this Chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are severable.

Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Civ. Code art. 339 — LA Code / Code civil-code / Article 339
Agreements between tutor and minor.
Status: in_force

Every agreement which may take place between the tutor and the minor arrived at the age of majority, shall be null and void, unless the same was entered into after the rendering of a full account and delivery of the vouchers, the whole being made to appear by the receipt of the person to whom the account was rendered, ten days previous to the agreement.

Acts 1966, No. 496, §1.
La. Code Civ. Proc. art. 1465.1 — LA Code / Code code-of-civil-procedure / Article 1465.1
Requests for release of medical records
Status: in_force

A. Any party may serve upon the plaintiff or upon any other party whose medical records are relevant to an issue in the case a request that the plaintiff or other authorized person sign a medical records release authorizing the health care provider to release to the requesting party the medical records of the party whose medical condition is at issue. The release shall be directed to a specific health care provider, shall authorize the release of medical records only, and shall state that the release does not authorize verbal communications by the health care provider to the requesting party.

B. The party upon whom the request is served, within thirty days after service of the request, shall provide to the requesting party releases signed by the plaintiff or other authorized person unless the request is objected to, in which event the reasons for the objection shall be stated. The party requesting the release of medical records may move for an order under Article 1469 with respect to any objection or other failure to respond to the request.

C. The party requesting the medical records shall provide to the party whose medical records are being sought or to his attorney, if he is represented by an attorney, a copy of the request directed to the health care provider, which copy shall be provided contemporaneously with the request directed to the health care provider.

D. The party requesting the medical records shall provide to the party whose medical records are being sought or to his attorney, within seven days of receipt, a copy of all documents obtained by the requesting party pursuant to the release.

Acts 1993, No. 823, §1; Acts 2016, No. 132, §1.
La. Ch. Code art. 1566 — LA Code / Code childrens-code / Article 1566
Assistance; clerk of court; domestic abuse advocate
Status: in_force

A. The clerk of court shall make forms available for making application for protective orders under this Chapter, provide clerical assistance to the petitioner when necessary, advise indigent applicants of the availability of filing in forma pauperis, provide the necessary forms, and provide the services of a notary, where available, for completion of the affidavit required in Article 1568. The forms shall be prepared by the Judicial Administrator's Office, Louisiana Supreme Court.

B. Domestic abuse advocates may provide clerical assistance to petitioners in making an application for a protective order in accordance with this Chapter.

C. For purposes of this Article, "domestic abuse advocate" means an employee or representative of a community based shelter providing services to victims of family violence or domestic abuse.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 1997, No. 1156, §1; Acts 2011, No. 234, §2.
La. Civ. Code art. 514 — LA Code / Code civil-code / Article 514
Mixture of materials.
Status: in_force

When a new thing is formed by the mixture of materials of different owners, and none of them may be considered as principal, an owner who has not consented to the mixture may demand separation if it can be conveniently made.

If separation cannot be conveniently made, the thing resulting from the mixture belongs to the owners of the materials in indivision. The share of each is determined in proportion to the value of his materials.

One whose materials are far superior in value in comparison with those of any one of the others, may claim the thing resulting from the mixture. He is then bound to reimburse the others the value of their materials.

Acts 1979, No. 180, §1.
La. Code Civ. Proc. art. 2674 — LA Code / Code code-of-civil-procedure / Article 2674
Attorney appointed to represent unrepresented defendant
Status: in_force

The court shall appoint an attorney at law to represent the unrepresented defendant in an executory proceeding under the following circumstances:

(1) When the defendant is an absentee;

(2) When the debtor is dead, no succession representative has been appointed, and his heirs and legatees have not been sent into possession;

(3) When the debtor's property is under the administration of a legal representative, but the latter has died, resigned, or been removed from office, and no successor thereof has qualified;

(4) When the defendant is a corporation or a partnership upon which process cannot be served for any reason; and

(5) When the defendant is a minor, or a mental incompetent, who has no legal representative at the time of the institution of the proceeding.
La. Code Crim. Proc. art. 494 — LA Code / Code code-of-criminal-procedure / Article 494
Joinder of defendants
Status: in_force

Two or more defendants may be charged in the same indictment or information if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. Such defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count.

Amended by Acts 1975, No. 528, §2.
La. Code Crim. Proc. art. 415.1 — LA Code / Code code-of-criminal-procedure / Article 415.1
Selection of additional grand juries
Status: in_force

Upon the request of the district attorney, the court shall order one or more additional grand juries to be impaneled. Such additional grand juries shall be selected in the same manner and have the same qualifications, duties, powers, and responsibilities, and be subject to the same provisions of law which presently govern grand juries, except as to duration and the duty to inspect facilities as provided by R.S. 15:121. However, no grand jury may concurrently conduct an inquiry into any offense or matter or receive evidence of any offense or matter which is under investigation by another grand jury impaneled in the same parish. These additional grand juries shall be impaneled and presided over by the judge who impaneled the existing regular grand jury or a judge appointed by him to act in his absence.

Acts 1990, No. 74, §1; Acts 2012, No. 119, §1, eff. May 14, 2012.
La. Ch. Code art. 1465 — LA Code / Code childrens-code / Article 1465
Voluntary admissions favored
Status: in_force

A. Admitting physicians are encouraged to admit minors with mental illness or minors suffering from substance abuse to treatment facilities on voluntary admission status whenever medically feasible.

B. No director of a treatment facility shall prohibit any minor with mental illness or minor suffering from substance abuse from applying for conversion of involuntary or emergency admission status to voluntary admission status. Any minor patient on an involuntary admission status shall have the right to apply for a writ of habeas corpus in order to have his admission status changed to voluntary status.

C. No employee of a mental health care program or treatment facility, peace officer, or physician shall state to any person that involuntary admission may result if the minor does not voluntarily admit himself to a mental health care program or treatment facility unless the employee, peace officer, or physician is prepared to execute a certificate pursuant to Chapter 7 or a petition pursuant to Chapter 9 of this Title.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2014, No. 811, §33, eff. June 23, 2014.
La. Civ. Code art. 1256 — LA Code / Code civil-code / Article 1256
Immovables collated in kind; reimbursement for improvements.
Status: in_force

The donee who collates in kind an immovable, which has been given to him, must be reimbursed by his coheirs for the expenses which have improved the estate, in proportion to the increase of value which it has received thereby.
La. Ch. Code art. 873 — LA Code / Code childrens-code / Article 873
Severance of causes for adjudication
Status: in_force

A. If it appears that the child or the state is prejudiced by a joinder of delinquent acts in the petition or by such joinder for trial together, the court may order separate adjudication hearings, grant severance, or provide whatever other relief justice requires.

B. If a petition joins a request to adjudicate the child delinquent with a request for adjudication on any other jurisdictional ground authorized by this Code, the court may, in the interests of justice, order separate adjudication hearings.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Ch. Code art. 416 — LA Code / Code childrens-code / Article 416
Service of motion to destroy reports and records
Status: in_force

A. A motion to destroy reports and records shall be served upon all of the following:

(1) The district attorney.

(2) The clerk of the court whose records are sought to be destroyed.

(3) The head of any agency whose reports and records are sought to be destroyed.

B. Service shall be in the manner provided for service of a petition.

Acts 1991, No. 235, §4, eff. Jan. 1, 1992.
La. Civ. Code art. 392 — LA Code / Code civil-code / Article 392
Curators
Status: in_force

The court shall appoint a curator to represent the interdict in juridical acts and to care for the person or affairs of the interdict, or any aspect of either. The duties and powers of a curator commence upon his qualification. In discharging his duties, a curator shall exercise reasonable care, diligence, and prudence and shall act in the best interest of the interdict.

The court shall confer upon a curator of a limited interdict only those powers required to protect the interests of the interdict.

Acts 2000, 1st Ex. Sess., No. 25, §1, eff. July 1, 2001.
La. Code Civ. Proc. art. 3997 — LA Code / Code code-of-civil-procedure / Article 3997
Modification or termination of emancipation
Status: in_force

On motion of the court or any person, the court for good cause shown may modify or terminate its judgment of emancipation or an act of limited emancipation by authentic act.

Acts 2008, No. 786, §2, eff. Jan. 1, 2009.
La. Ch. Code art. 735 — LA Code / Code childrens-code / Article 735
Taking child into custody with a court order
Status: in_force

A. The court may issue an order directing that a child be taken into custody upon presentation to the court of a written verified complaint by a peace officer, probation officer, district attorney, or other person designated by the court alleging facts showing that there are reasonable grounds to believe that the child's family is in need of services and that the child's conduct or surroundings are such as to endanger his welfare and that immediate removal appears to be necessary for his protection or control.

B. In exceptional cases, the facts supporting the issuance of this order may be relayed telephonically or orally to the judge and his order directing that a child be taken into custody may be issued orally. In such cases, the requirements of Article 734(B) and (C) must be followed.

C. An order directing that a child be taken into custody may be executed by a peace officer or probation officer having territorial jurisdiction over the child.

D. The order shall specify the child's prehearing placement in accordance with Article 737.

Acts 1991, No. 235, §7; Acts 1995, No. 1095, §3; Acts 1999, No. 1313, §1.
La. Civ. Code art. 2006 — LA Code / Code civil-code / Article 2006
Nullity of the principal obligation
Status: in_force

Nullity of the principal obligation renders the stipulated damages clause null.

Nullity of the stipulated damages clause does not render the principal obligation null.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Evid. art. 512 — LA Code / Code code-of-evidence / Article 512
Political vote
Status: in_force

Every person has a privilege to refuse to disclose the tenor of his vote at a political election conducted by secret ballot unless the vote was cast illegally.

Acts 1992, No. 376, §1, eff. Jan. 1, 1993.
La. Civ. Code art. 3051 — LA Code / Code civil-code / Article 3051
Payment by debtor without notice of payment by surety
Status: in_force

A surety may not recover from the principal obligor, by way of subrogation or reimbursement, the amount paid the creditor if the principal obligor also pays the creditor for want of being warned by the surety of the previous payment.

In these circumstances, the surety may recover from the creditor.

Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
La. Ch. Code art. 837.3 — LA Code / Code childrens-code / Article 837.3
Six-month evaluation; hearing
Status: in_force

A. If, within six months of the initial contradictory hearing to determine the mental capacity of the child to proceed, the restoration service provider determines that the child has not attained the mental capacity to proceed, the provider shall evaluate the likelihood of the child to attain the mental capacity to proceed within two years of the initial contradictory hearing. If unlikely, the court shall, within a reasonable time and after at least ten days notice to the district attorney, counsel for the child, the parents of the child, the child, the physical custodian of the child, and the restoration provider, conduct a contradictory hearing to determine whether the child, in the two years following the initial hearing, will likely have the mental capacity to proceed and whether he is a danger to himself or others, or is gravely disabled.

B. After the hearing, if the court determines that the child will not likely have the mental capacity to proceed within two years of the initial hearing and that the child is not a danger to himself or others, the court may either:

(1) Dismiss the petition in accordance with Article 876.

(2) Adjudicate the family of the child to be in need of services and proceed to a disposition in accordance with Chapters 10 and 12 of Title VII.

(3) Place the child in the custody of his parents or other suitable person or private or public institution or agency under such terms and conditions deemed to be in the best interest of the child and the public, which conditions may include the provision of outpatient services by any suitable public or private agency.

C. After the hearing, if the court determines that the child will not likely have the mental capacity to proceed within two years of the initial hearing, and that the child, as a result of mental illness, is dangerous to himself or others, or is gravely disabled, the court shall order commitment to a designated and medically suitable treatment facility. The court order shall constitute an order of civil commitment as provided in Title XIV. However, no child shall be discharged or conditionally discharged except upon court order after a motion and contradictory hearing.

Acts 2006, No. 266, §1.
La. Civ. Code art. 2369.1 — LA Code / Code civil-code / Article 2369.1
Application of co-ownership provisions
Status: in_force

After termination of the community property regime, the provisions governing co-ownership apply to former community property, unless otherwise provided by law or by juridical act.

When the community property regime terminates for a cause other than death or judgment of declaration of death of a spouse, the following Articles also apply to former community property until a partition, or the death or judgment of declaration of death of a spouse.

Acts 1990, No. 991, §1; Acts 1995, No. 433, §1.
La. Ch. Code art. 426 — LA Code / Code childrens-code / Article 426
Compensation to courts
Status: in_force

Provisions for extra compensation and for extra expense allowances for courts serving as juvenile courts shall apply to courts exercising juvenile jurisdiction under this Code.

Acts 1991, No. 235, §4, eff. Jan. 1, 1992.
La. Ch. Code art. 532 — LA Code / Code childrens-code / Article 532
Creation
Status: in_force

The Children's Advocacy Clearinghouse is hereby created and established under the jurisdiction of the Louisiana Commission on Law Enforcement and Administration of Criminal Justice in the office of the governor.

Acts 2003, No. 749, §1.
La. Code Civ. Proc. art. 4611 — LA Code / Code code-of-civil-procedure / Article 4611
Supplementary partition when rule to reject or opposition to homologation sustained
Status: in_force

When a rule to reject the partition, or an opposition to its homologation, is sustained in whole or in part, the court shall rectify the partition, or refer the parties to the same or another notary who shall prepare a supplementary act of partition in conformity with the order of the court.

Articles 4609 and 4610 apply to this supplementary partition.