FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 2344 — LA Code / Code code-of-civil-procedure / Article 2344
Online auctions
Status: in_force

A. In lieu of selling the seized property at an auction conducted at a designated place, the sheriff may offer the property for sale by an online auction conducted through a computer network or other electronic telecommunications system generally available to the public.

B. Notice of a sale by online auction shall be published in accordance with Article 2331 and in the manner provided by law. In addition to the other requirements of law, the notice shall state that the sale will be conducted through an online auction, shall identify the electronic address of the platform through which bids can be entered, and shall specify the date of the sale and the time when bidding is scheduled to open.

C. Online auctions shall be conducted only on a day on which the sheriff is permitted by law to conduct judicial sales, beginning at a time set by the sheriff. Online bidding at each sale shall be open until at least two minutes have elapsed since the most recent bid was entered, or if no bid is entered, until at least two minutes have elapsed since bidding was opened. The amount of each bid shall be posted on the platform and made visible to the public contemporaneously with the entering of the bid. The sheriff may set a minimum incremental bid amount for each sale.

D. Before the opening of bidding, the platform on which bidders enter bids for the property shall display or otherwise make accessible the advertisement of the sale, the mortgage certificate, and all other certificates that the sheriff would be required by Article 2334 to read aloud at the time and place designated for a sheriff's sale. The platform shall also display the announcement required by Article 2335.

E. The sheriff may impose reasonable qualifications on bidders other than the seizing creditor and the debtor, including the requirement to pay a deposit or provide proof of available funds before the opening of bidding. These qualifications shall be displayed or otherwise made accessible on the platform.

F. Upon request made by the debtor before the day of the online auction, the sheriff shall inform the debtor of a location where the debtor may, without charge, have use of a computer terminal or other accommodation to bid at the online auction.

G. Entry by a seizing creditor of a bid at an online auction or the seizing creditor's indication on the platform that it is present for the online auction or that it will not enter a bid constitutes presence at the sale for the purposes of Article 2338.

H. Except as otherwise provided in this Article, the online auction shall be conducted as far as practicable in compliance with the requirements of this Chapter and Chapter 3 of this Title.

Acts 2023, No. 390, §1.
La. Code Civ. Proc. art. 801 — LA Code / Code code-of-civil-procedure / Article 801
Voluntary substitution for deceased party; legal successor
Status: in_force

When a party dies during the pendency of an action which is not extinguished by his death, his legal successor may have himself substituted for the deceased party, on ex parte written motion supported by proof of his quality.

As used in Articles 801 through 804, "legal successor" means:

(1) The survivors designated in Article 2315.1 of the Civil Code, if the action survives in their favor; and

(2) Otherwise, it means the succession representative of the deceased appointed by a court of this state, if the succession is under administration therein; or the heirs and legatees of the deceased, if the deceased's succession is not under administration therein.

Amended by Acts 1962, No. 92, §1.
La. Civ. Code art. 2606 — LA Code / Code civil-code / Article 2606
Buyer's acceptance of nonconforming things
Status: in_force

A buyer who, with knowledge, accepts nonconforming things may no longer reject those things on grounds of that nonconformity, unless the acceptance was made in the reasonable belief that the nonconformity would be cured.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 2042 — LA Code / Code civil-code / Article 2042
Obligee must join obligor and third persons
Status: in_force

In an action to annul either his obligor's act, or the result of his obligor's failure to act, the obligee must join the obligor and the third persons involved in that act or failure to act.

A third person joined in the action may plead discussion of the obligor's assets.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Ch. Code art. 337 — LA Code / Code childrens-code / Article 337
Preference
Status: in_force

Appeals authorized by Titles VI, VII, VIII, X, XI, and XII and Chapter 7 of Title XV shall be accorded preference in the court of appeal and shall be determined at the earliest practicable time.

Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 3244 — LA Code / Code code-of-civil-procedure / Article 3244
Effect of inclusion of claim in petition or in tableau of distribution
Status: in_force

The inclusion of the claim of a creditor of the succession in the succession representative's petition for authority to pay debts or in his tableau of distribution creates a prima facie presumption of the validity of the claim; and the burden of proving the invalidity thereof shall be upon the person opposing it.
La. Civ. Code art. 213 — LA Code / Code civil-code / Article 213
Adult adoption; form
Status: in_force

The adoptive parent and the person to be adopted shall consent to the adoption in an authentic act of adoption.

The spouse of the adoptive parent and the spouse of the person to be adopted shall sign the act of adoption for the purpose of concurrence in the adoption only. The act of adoption without this concurrence is absolutely null. The concurrence does not establish the legal relationship of parent and child.

Neither a party to an adult adoption nor a concurring spouse may consent by procuration or mandate.

Acts 2008, No. 351, §1, eff. Jan. 1, 2009.
La. Code Civ. Proc. art. 1633.1 — LA Code / Code code-of-civil-procedure / Article 1633.1
Live trial testimony by video
Status: in_force

The court may order, upon a showing of appropriate safeguards, live testimony of a witness to be presented in open court by teleconference, video link, or other visual remote technology, if the witness is beyond the subpoena power of the court or when compelling circumstances are shown. The order may be entered at a pretrial conference or, in exceptional circumstances, on motion set for hearing at least ten days prior to trial or at another time that does not prejudice the parties.

Acts 2007, No. 140, §1.
La. Civ. Code art. 3023 — LA Code / Code civil-code / Article 3023
Undisclosed mandate or principal; obligations of third person
Status: in_force

A third person with whom a mandatary contracts without disclosing his status or the identity of the principal is bound to the principal for the performance of the contract unless the obligation is strictly personal or the right non-assignable. The third person may raise all defenses that may be asserted against the mandatary or the principal.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
La. Ch. Code art. 1019.2 — LA Code / Code childrens-code / Article 1019.2
Service of petition; parent; child
Status: in_force

A copy of the petition and the notice of the nature of the hearing and the rights of the parent, as provided for in Article 1020, shall be served, in a sealed envelope, upon every parent of the child. A copy of the petition and the notice of the nature of the hearing shall be served on the child through the entity designated for the jurisdiction to provide counsel for the child.

Acts 2022, No. 272, §1.
La. Civ. Code art. 800 — LA Code / Code civil-code / Article 800
Preservation of the thing
Status: in_force

A co-owner may without the concurrence of any other co-owner take necessary steps for the preservation of the thing that is held in indivision.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.
La. Civ. Code art. 2624 — LA Code / Code civil-code / Article 2624
Deposit, earnest money
Status: in_force

A sum given by the buyer to the seller in connection with a contract to sell is regarded to be a deposit on account of the price, unless the parties have expressly provided otherwise.

If the parties stipulate that a sum given by the buyer to the seller is earnest money, either party may recede from the contract, but the buyer who chooses to recede must forfeit the earnest money, and the seller who so chooses must return the earnest money plus an equal amount.

When earnest money has been given and a party fails to perform for reasons other than a fortuitous event, that party will be regarded as receding from the contract.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Ch. Code art. 1304.1 — LA Code / Code childrens-code / Article 1304.1
Establishment of support order
Status: in_force

A. If a support order entitled to recognition under this Chapter has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:

(1) The individual seeking the order resides outside this state; or

(2) The support enforcement agency seeking the order is located outside this state.

B. The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:

(1) A presumed father of the child;

(2) Petitioning to have his paternity adjudicated;

(3) Identified as the father of the child through genetic testing;

(4) An alleged father who has declined to submit to genetic testing;

(5) Shown by clear and convincing evidence to be the father of the child;

(6) An acknowledged father as provided by applicable state law;

(7) The mother of the child; or

(8) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.

C. Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to Article 1303.5.

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. Ch. Code art. 1450 — LA Code / Code childrens-code / Article 1450
Advisement of rights
Status: in_force

A. Every minor patient admitted by judicial commitment shall be informed in writing at the time of his admission of the procedures for requesting release from the treatment facility, the availability of counsel, information about the MHAS, the rights enumerated in Article 1409, and the rules and regulations applicable to or concerning his conduct while a patient in the treatment facility.

B. If the minor patient is illiterate or does not read or understand English, appropriate provisions should be made to supply him this information.

C. In addition, a copy of the information listed in this Article must be posted in any area where patients are confined and treated.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
La. Civ. Code art. 2596 — LA Code / Code civil-code / Article 2596
Lesion, action against vendee who has granted a right on the immovable
Status: in_force

When the buyer has granted a right on the immovable to a third person, rescission may not impair the interest of that person. The seller who receives back the immovable so encumbered is entitled to recover from the buyer any diminution in value suffered by the immovable because of the right of the third person. That recovery may not exceed the supplement the seller would have recovered if the buyer had not encumbered the immovable and had decided to keep it.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 516 — LA Code / Code civil-code / Article 516
Liability for unauthorized use of a movable.
Status: in_force

One who uses a movable of another, without his knowledge, for the making of a new thing may be liable for the payment of damages.

Acts 1979, No. 180, §1.
La. Civ. Code art. 57 — LA Code / Code civil-code / Article 57
Reappearance of absent person; recovery of his property
Status: in_force

If a person who has been declared dead reappears, he shall be entitled to recover his property that still exists in the condition in which it is found from those who took it as his successors or from their transferees by gratuitous title. He may also recover the net proceeds of things alienated and for the diminution of the value of things that has resulted from their encumbrance.

Acts 1990, No. 989, §1, eff. Jan. 1, 1991.
La. Civ. Code art. 782 — LA Code / Code civil-code / Article 782
Abandonment of plan or of restriction.
Status: in_force

Building restrictions terminate by abandonment of the whole plan or by a general abandonment of a particular restriction. When the entire plan is abandoned the affected area is freed of all restrictions; when a particular restriction is abandoned, the affected area is freed of that restriction only.

Acts 1977, No. 170, §1.
La. Code Crim. Proc. art. 211.3 — LA Code / Code code-of-criminal-procedure / Article 211.3
Summons by officer instead of arrest and booking; improper supervision of a minor by parent or legal guardian
Status: in_force

A. When a peace officer has reasonable grounds to believe that a person has committed the offense of improper supervision of a minor by parent or legal custodian as defined in R.S. 14:92.2, he may issue a written summons instead of making an arrest unless any of the following conditions exist:

(1) The officer has reasonable grounds to believe that the person will not appear upon summons.

(2) The officer has reasonable grounds to believe that the person will cause injury to himself or another, will cause damage to property, or will continue in the same or a similar offense unless immediately arrested and booked.

(3) It is necessary to book the person to comply with routine identification procedures.

B. In any case in which a summons has been issued, a warrant of arrest may later be issued in its place. If the offender fails to appear pursuant to the summons, the court shall immediately issue a warrant for the arrest of the offender.

Acts 2019, No. 290, §2.
La. Civ. Code art. 556 — LA Code / Code civil-code / Article 556
Apportionment of civil fruits.
Status: in_force

The usufructuary acquires the ownership of civil fruits accruing during the existence of the usufruct.

Civil fruits accrue day by day and the usufructuary is entitled to them regardless of when they are received.

Acts 1976, No. 103, §1.
La. Code Civ. Proc. art. 5124 — LA Code / Code code-of-civil-procedure / Article 5124
Furnishing new or supplemental bond to correct defects of original
Status: in_force

Within four days, exclusive of legal holidays, of the rendition of judgment holding the original bond insufficient or invalid, or at any time if no rule to test the original bond has been filed, the party furnishing it may correct any defects therein by furnishing a new or supplemental bond, with either the same surety if solvent, or a new or additional surety.

The new or supplemental bond is retroactive to the date the original bond was furnished, and maintains in effect the order, judgment, writ, mandate, or process conditioned on the furnishing of security.

The furnishing of a supplemental bond, or the furnishing of a new bond by a different surety, does not discharge or release the surety on the original bond; and the sureties on both are liable in solido to the extent of their respective obligations thereon and may be joined in an action on the bond.
La. Civ. Code art. 2823 — LA Code / Code civil-code / Article 2823
Rights of a partner after withdrawal.
Status: in_force

The former partner, his successors, or the seizing creditor is entitled to an amount equal to the value that the share of the former partner had at the time membership ceased.

Acts 1980, No. 150, §1.
La. Civ. Code art. 2844 — LA Code / Code civil-code / Article 2844
Liability of the partner in commendam to third persons
Status: in_force

A. A partner in commendam is not liable for the obligations of the partnership unless the partner is also a general partner or, in addition to the exercise of the partner's rights and powers as a partner, the partner participates in the control of the business. If, however, the partner in commendam participates in the control of the business, the partner is liable only to persons who transact business with the partnership reasonably believing, based upon the partner in commendam's conduct, that the partner in commendam is a general partner.

B. A partner in commendam does not participate in the control of the business within the meaning of Paragraph A of this Article solely by doing one or more of the following:

(1) Being a contractor for or an agent or employee of the partnership or of a general partner.

(2) Being an employee, officer, director, or shareholder of a general partner that is a corporation or a member or manager of a general partner that is a limited liability company.

(3) Consulting with and advising a general partner with respect to the business of the partnership.

(4) Acting as surety for the partnership or guaranteeing or assuming one or more specific obligations of the partnership.

(5) Taking any action required or permitted by law to bring or pursue a derivative action in the right of the partnership.

(6) Requesting or attending a meeting of partners.

(7) Proposing, approving, or disapproving, by voting or otherwise, one or more of the following matters:

(a) The continuation, dissolution, termination, or liquidation of the partnership.

(b) The alienation, exchange, lease, mortgage, pledge, or other transfer of all or substantially all of the assets of the partnership.

(c) The incurrence of indebtedness by the partnership other than in the ordinary course of its business.

(d) A change in the nature of the business.

(e) The admission, expulsion, or withdrawal of a general partner.

(f) The admission, expulsion, or withdrawal of a partner in commendam.

(g) A transaction involving an actual or potential conflict of interest between a general partner and the partnership or the partners in commendam.

(h) An amendment to the contract of partnership.

(i) Matters related to the business of the partnership not otherwise enumerated in this Paragraph, which the contract of partnership states in writing may be subject to the approval or disapproval of partners.

(8) Liquidating the partnership.

(9) Exercising any right or power permitted to partners in commendam under this Chapter and not specifically enumerated in this Paragraph.

C. The enumeration in Paragraph B of this Article does not mean that the possession or exercise of any other powers by a limited partner constitutes participation by the partner in the business of the partnership.

Acts 1980, No. 150, §1; Acts 1995, No. 847, §1, eff. June 27, 1995; Acts 2025, No. 488, §1.
La. Civ. Code art. 295 — LA Code / Code civil-code / Article 295
Excuse for remote relationship.
Status: in_force

No person, who is not a relation of the minor by consanguinity, or who is only related to him beyond the fourth degree, can be compelled to accept the tutorship.
La. Code Civ. Proc. art. 1033 — LA Code / Code code-of-civil-procedure / Article 1033
Delay for filing incidental demand
Status: in_force

An incidental demand may be filed without leave of court at any time up to and including the time the answer to the principal demand is filed.

An incidental demand may be filed thereafter, with leave of court, if it will not retard the progress of the principal action, or if permitted by Articles 1066 or 1092.

An incidental demand that requires leave of court to file shall be considered as filed as of the date it is presented to the clerk of court for filing if leave of court is thereafter granted.

Amended by Acts 1970, No. 473, §1.
La. Code Civ. Proc. art. 3422 — LA Code / Code code-of-civil-procedure / Article 3422
Court costs; compensation
Status: in_force

In judicial proceedings under this Title, the following schedule of costs, compensation, and fees shall prevail:

(1) Court costs shall be one-half of the court costs in similar proceedings in successions that are not small successions.

(2) The compensation of the succession representative shall be not more than five percent of the gross assets of the succession.

Acts 2017, No. 96, §1; Acts 2018, No. 422, §1; Acts 2024, No. 90, §1.
La. Code Crim. Proc. art. 513 — LA Code / Code code-of-criminal-procedure / Article 513
Assignment of counsel in other cases
Status: in_force

In the case of an offense punishable by imprisonment, when the defendant appears for arraignment without counsel, the court shall inform him before he pleads to the indictment of his right to have counsel appointed to defend him if he is indigent. When a defendant states under oath that he desires counsel but is indigent, and the court finds the statement of indigency to be true, before the defendant pleads to the indictment, the court shall provide counsel for the defendant, in accordance with R.S. 15:141 et seq.

Amended by Acts 1974, Ex.Sess. No. 22, §1, eff. Jan. 1, 1975; Acts 1976, No. 653, §2; Acts 2010, No. 861, §2.
La. Code Crim. Proc. art. 442 — LA Code / Code code-of-criminal-procedure / Article 442
Evidence to be received by grand jury
Status: in_force

A grand jury shall hear all evidence presented by the district attorney. It may hear evidence for the defendant, but is under no duty to do so.

When the grand jury has reason to believe that other available evidence will explain the charge, it should order the evidence produced.

A grand jury should receive only legal evidence and such as is given by witnesses produced, or furnished by documents and other physical evidence. However, no indictment shall be quashed or conviction reversed on the ground that the indictment was based, in whole or in part, on illegal evidence, or on the ground that the grand jury has violated a provision of this article.
La. Civ. Code art. 44 — LA Code / Code civil-code / Article 44
Change of domicile
Status: in_force

Domicile is maintained until acquisition of a new domicile. A natural person changes domicile when he moves his residence to another location with the intent to make that location his habitual residence.

Acts 2008, No. 801, §1, eff. Jan. 1, 2009.
La. Ch. Code art. 706 — LA Code / Code childrens-code / Article 706
Rights of parties
Status: in_force

A. All parties have the right to testify, the right to confront and cross-examine adverse witnesses, the right to present evidence and witnesses, and the right to counsel.

B. A child twelve years of age or older shall be present in court unless his presence is waived by the court upon motion of the child's counsel. A child below the age of twelve years shall be present in court upon the request of counsel for the child or the court. If the child is present in court, he may choose to testify as to his wishes, and the court shall consider his testimony in the matter. Any testimony given by a child may be taken by a videotaped interview or by closed-circuit television, as authorized by Chapter 8 of Title III of this Code, or by an in-chambers conference attended only by the judge and court reporter and by counsel for the child, for the petitioner, and for the parents.

C. Any party who has received notice of the dispositional review hearing and does not appear shall be deemed to have waived his right to be present.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2012, No. 730, §1.
La. Civ. Code art. 1757 — LA Code / Code civil-code / Article 1757
Sources of obligations
Status: in_force

Obligations arise from contracts and other declarations of will. They also arise directly from the law, regardless of a declaration of will, in instances such as wrongful acts, the management of the affairs of another, unjust enrichment and other acts or facts.

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