FrankGoortani/open-us-law huggingface dataset:
La. Code Crim. Proc. art. 706 — LA Code / Code code-of-criminal-procedure / Article 706
Consolidation for trial
Status: in_force

Upon motion of a defendant, or of all defendants if there are more than one, the court may order two or more indictments consolidated for trial if the offenses and the defendants, if there are more than one, could have been joined in a single indictment. The procedure thereafter shall be the same as if the prosecution were under a single indictment.
La. Code Civ. Proc. art. 3246 — LA Code / Code code-of-civil-procedure / Article 3246
Rejection of claim; prerequisite to judicial enforcement
Status: in_force

A creditor of a succession may not sue a succession representative to enforce a claim against the succession until the succession representative has rejected the claim.

If the claim is rejected in whole or in part by the succession representative, the creditor to the extent of the rejection may enforce his claim judicially.
La. Code Civ. Proc. art. 5 — LA Code / Code code-of-civil-procedure / Article 5
Same; effect of reduction of claim
Status: in_force

When a plaintiff reduces his claim on a single cause of action to bring it within the jurisdiction of a court and judgment is rendered thereon, he remits the portion of his claim for which he did not pray for judgment, and is precluded thereafter from demanding it judicially.
La. Ch. Code art. 1430 — LA Code / Code childrens-code / Article 1430
Advice of rights
Status: in_force

A. Every minor patient admitted by emergency certificate shall be informed in writing at the time of his admission of the procedures of requesting release from the treatment facility, the availability of counsel, information about MHAS, the rights enumerated in Chapter 3 of this Title, and the rules and regulations applicable to or concerning his conduct while a patient is in the treatment facility.

B. If the minor 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 mentioned 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. Code Crim. Proc. art. 924.1 — LA Code / Code code-of-criminal-procedure / Article 924.1
Effect of appeal
Status: in_force

An application for post conviction relief shall not be entertained if the petitioner may appeal the conviction and sentence which he seeks to challenge, or if an appeal is pending.

Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981.
La. Civ. Code art. 2324 — LA Code / Code civil-code / Article 2324
Liability as solidary or joint and divisible obligation
Status: in_force

A. He who conspires with another person to commit an intentional or willful act is answerable, in solido, with that person, for the damage caused by such act.

B. If liability is not solidary pursuant to Paragraph A, then liability for damages caused by two or more persons shall be a joint and divisible obligation. A joint tortfeasor shall not be liable for more than his degree of fault and shall not be solidarily liable with any other person for damages attributable to the fault of such other person, including the person suffering injury, death, or loss, regardless of such other person's insolvency, ability to pay, degree of fault, immunity by statute or otherwise, including but not limited to immunity as provided in R.S. 23:1032, or that the other person's identity is not known or reasonably ascertainable.

C. Interruption of prescription against one joint tortfeasor is effective against all joint tortfeasors.

Amended by Acts 1979, No. 431, §1; Acts 1987, No. 373, §1; Acts 1988, No. 430, §1; Acts 1996, 1st Ex. Sess., No. 3, §1, eff. April 16, 1996.
La. Ch. Code art. 1130.1 — LA Code / Code childrens-code / Article 1130.1
Authority of the court to determine parental capacity
Status: in_force

A. If parental capacity is questioned by the counselor providing pre-surrender counseling as provided in Article 1120(C), a surrender may not be executed unless authorized by the court pursuant to one of the following:

(1) Review of further evaluative information as recommended in Article 1120(C) and a finding that such evaluation provides sufficient support of the parent's ability to understand the nature and consequences of the act of surrender.

(2) After a hearing and consideration of all available information and the questioning of the parent, the court finds that the parent sufficiently understands the nature and consequences of the act of surrender.

B. The court's findings shall be made in writing and the surrender shall be executed only upon order by the court.

Acts 2003, No. 567, §1.
La. Ch. Code art. 1551 — LA Code / Code childrens-code / Article 1551
Purpose
Status: in_force

The purpose of this Chapter is to recognize the right of a parent or guardian to make a declaration pursuant to which life-sustaining procedures or other medical care may be withheld or withdrawn from certain terminally ill children and to authorize judicial review, if needed, by the juvenile courts of such decisions if a child's parents or physician cannot agree that the requirements of this Chapter have been met. The procedures authorized by this Chapter are in addition to the existing remedies of Title VI.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
La. Civ. Code art. 3234 — LA Code / Code civil-code / Article 3234
Property covered by innkeepers' privilege.
Status: in_force

Innkeepers, hotel, boarding house and lodging house keepers enjoy this privilege on all the property which the sojourner has brought to their place, whether it belongs to him or not, because the property so brought into their place has become pledged to them by the mere fact of its introduction into their place.

Amended by Acts 1896, No. 35.
La. Code Crim. Proc. art. 271 — LA Code / Code code-of-criminal-procedure / Article 271
Bail in extradition cases
Status: in_force

A.(1) A judge may admit to bail a person arrested for extradition, or to await extradition, unless the offense with which the accused is charged is punishable by death or by life imprisonment under the laws of the state in which it was committed or unless the offender is charged as a parole or probation violator, is a convict charged with escape, or the offender is serving a sentence with the department of corrections in the state from which he has been extradited. Under no circumstances shall such an accused be admitted to bail.

(2) Except as otherwise provided in Subparagraph (1) of this Paragraph, if the accused is charged with a crime of violence as defined in R.S. 14:2(B) or with the production, manufacture, distribution, or dispensing or possession with intent to produce, manufacture, distribute, or dispense a controlled dangerous substance as defined by the Uniform Controlled Dangerous Substances Law, the accused shall not be bailable if, after a contradictory hearing, the judge or magistrate finds by clear and convincing evidence that there is a substantial risk that the person may flee or poses an imminent danger to any person or the community.

B. A governor's warrant issued under Article 265 shall be presumed to be valid. Notwithstanding the provisions of Paragraph A of this Article, once a warrant is issued, the person named in the warrant shall be held in custody at all times thereafter and shall not be eligible for release on bail.

C. After the extradition proceedings have been held or waived, the agent appointed by the executive authority to receive the prisoner shall have thirty days to do so. If no such agent appears within thirty days, the person arrested for extradition may be discharged.

Acts 1983, No. 584, §1; Acts 2001, No. 846, §1; Acts 2003, No. 1118, §1; Acts 2005, No. 358, §1; Acts 2008, No. 617, §1.
La. Code Civ. Proc. art. 4134 — LA Code / Code code-of-civil-procedure / Article 4134
Natural tutor; bond; recordation of certificate of inventory or detailed descriptive list
Status: in_force

A. Except as provided in Article 4135, a natural tutor shall not be required to furnish bond, but shall record in the mortgage records of the parish of his domicile a certificate of the clerk setting forth the date of birth of the minor, the last four digits of the social security number of the tutor and the total value of the minor's property according to the inventory or detailed descriptive list filed in the tutorship proceeding. If the minor has no assets, then no certificate need be filed until he acquires assets. If the only asset is a contested claim, then no certificate need be filed until the claim is recovered, as provided in Article 4131(D). A certificate of the recorder of mortgages setting forth the recordation of the clerk's certificate shall be filed in the tutorship proceedings before the tutor is appointed or letters of tutorship are issued.

B. Within thirty days after his appointment, the natural tutor shall cause the clerk's certificate to be recorded in the mortgage records of every other parish in the state in which he owns immovable property.

C. The recordation operates as a legal mortgage for the amount of the certificate in favor of the minor on all the immovable property of the tutor situated within any parish where recorded. A certificate recorded in the amount of zero dollars shall not create a legal mortgage. If the certificate does not contain the information required by Paragraph A of this Article, it will not be effective against third parties.

D. The legal mortgage shall prescribe four years after the minor reaches majority and shall be canceled from the mortgage record upon the request of any interested party.

Acts 1983, No. 344, §1; Acts 2003, No. 728, §1; Acts 2004, No. 322, §1; Acts 2014, No. 189, §1.
La. Civ. Code art. 554 — LA Code / Code civil-code / Article 554
Commencement of the right to fruits.
Status: in_force

The usufructuary's right to fruits commences on the effective date of the usufruct.

Acts 1976, No. 103, §1.
La. Civ. Code art. 1505 — LA Code / Code civil-code / Article 1505
Calculation of disposable portion on mass of succession
Status: in_force

A. To determine the reduction to which the donations, either inter vivos or mortis causa , are subject, an aggregate is formed of all property belonging to the donor or testator at the time of his death; the sums due by the estate are deducted from this aggregate amount; to that is fictitiously added the property disposed of by donation inter vivos within three years of the date of the donor's death, according to its value at the time of the donation.

B. The disposable quantum is determined on the above calculation, taking into consideration the number of forced heirs.

C. Neither the premiums paid for insurance on the life of the donor nor the proceeds paid pursuant to such coverage shall be included in the above calculation. Moreover, the value of such proceeds at the donor's death payable to a forced heir, or for his benefit, shall be deemed applied and credited in satisfaction of his forced share.

D. Employer and employee contributions under any plan of deferred compensation adopted by any public or governmental employer or any plan qualified under Sections 401 or 408 of the Internal Revenue Code, and any benefits payable by reason of death, disability, retirement, or termination of employment under any such plans, shall not be included in the above calculation, nor shall any of such contributions or benefits be subject to the claims of forced heirs. However, the value of such benefits paid or payable to a forced heir, or for the benefit of a forced heir, shall be deemed applied and credited in satisfaction of his forced share.

Amended by Acts 1981, No. 646, §1; Acts 1981, No. 909, §1; Acts 1982, No. 356, §1; Acts 1983, No. 656, §1; Acts 1990, No. 147, §1, eff. July 1, 1990; Acts 1995, No. 1180, §1, eff. Jan. 1, 1996; Acts 1996, 1 st Ex. Sess., No. 77, §1; Acts 2020, No. 19, §1.
La. Code Evid. art. 502 — LA Code / Code code-of-evidence / Article 502
Waiver of privilege
Status: in_force

A. Waiver. A person upon whom the law confers a privilege against disclosure waives the privilege if he or his predecessor while holder of the privilege voluntarily discloses or consents to disclosure of any significant part of the privileged matter. This rule does not apply if the disclosure itself is privileged.

B. Disclosure under compulsion or without opportunity to claim. A claim of privilege is not defeated by a disclosure which was compelled or made without opportunity to claim the privilege.

C. Joint holders. Where two or more persons are joint holders of a privilege, a waiver of the right of one joint holder to claim the privilege does not affect the right of another joint holder to claim the privilege.

Acts 1992, No. 376, §1, eff. Jan. 1, 1993.
La. Civ. Code art. 93 — LA Code / Code civil-code / Article 93
Vices of consent
Status: in_force

Consent is not free when given under duress or when given by a person incapable of discernment.

Acts 1987, No. 886, §1, eff. Jan. 1, 1988.
La. Civ. Code art. 3281 — LA Code / Code civil-code / Article 3281
Mortgage established only in authorized cases
Status: in_force

Mortgage may be established only as authorized by legislation.

Acts 1991, No. 652, §1, eff. Jan. 1, 1992.
La. Ch. Code art. 1275 — LA Code / Code childrens-code / Article 1275
Nondisclosure
Status: in_force

A. Notwithstanding any provision of law to the contrary, the information acquired by the voluntary registry of Louisiana shall not be disclosed under any sunshine or freedom of information legislation, rules, or practice.

B. Notwithstanding any provision of law to the contrary, no person, group of persons, or entity, including an agency, may file a class action to force the voluntary registry to disclose identifying information.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Ch. Code art. 1307.7 — LA Code / Code childrens-code / Article 1307.7
Contest of registered convention support order
Status: in_force

A. Except as otherwise provided in this Section, Articles 1306.5 through 1306.8 apply to a contest of a registered Convention support order.

B. A party contesting a registered Convention support order shall file a contest not later than thirty days after notice of the registration, but if the contesting party does not reside in the United States, the contest shall be filed not later than sixty days after notice of the registration.

C. If the nonregistering party fails to contest the registered Convention support order by the time specified in Paragraph B of this Article, the order is enforceable.

D. A contest of a registered Convention support order may be based only on grounds set forth in Article 1307.8. The contesting party bears the burden of proof.

E. In a contest of a registered Convention support order, a tribunal of this state:

(1) Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and

(2) May not review the merits of the order.

F. A tribunal of this state deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.

G. A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances.

Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Code Civ. Proc. art. 4918 — LA Code / Code code-of-civil-procedure / Article 4918
Record of the case; subsequent entries; justice of the peace courts; district courts with concurrent jurisdiction
Status: in_force

When no written pleadings are required, the justice of the peace or the clerk of court shall record in a permanent book or case file the title of the case, the docket number, the name and address of all parties, a brief statement of the nature and amount of the claim, the issuance and service of citation, the defenses pleaded, motions and other pleas made, the names of witnesses who testified, a list of the documents offered at the trial, the rendition of judgment, and any appeal therefrom.

Acts 1986, No. 156, §1; Acts 2004, No. 679, §1, eff. Jan. 1, 2005.
La. Code Civ. Proc. art. 2782 — LA Code / Code code-of-civil-procedure / Article 2782
Procedure; execution of executory judgment
Status: in_force

A creditor wishing to have a judgment of a Louisiana court made executory, as provided in Article 2781, may file an ex parte petition complying with Article 891, with a certified copy of the judgment annexed, praying that the judgment be made executory. The court shall immediately render and sign its judgment making the judgment of the other Louisiana court executory.

The judgment thus made executory may be executed or enforced immediately as if it had been a judgment of that court rendered in an ordinary proceeding.
La. Ch. Code art. 317 — LA Code / Code childrens-code / Article 317
Change of proper venue
Status: in_force

Any party by contradictory motion may obtain a change of venue upon proof that he cannot obtain a fair and impartial trial because of the undue influence of an adverse party, prejudice existing in the public mind, or some other sufficient cause.

Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
La. Civ. Code art. 3191 — LA Code / Code civil-code / Article 3191
General privileges on all movables, enumeration and ranking.
Status: in_force

The debts which are privileged on all the movables in general, are those hereafter enumerated, and are paid in the following order:

1. Funeral charges.

2. Law charges.

3. Charges, of whatever nature, occasioned by the last sickness, concurrently among those to whom they are due.

4. The wages of servants for the year past, and so much as is due for the current year.

5. Supplies of provisions made to the debtor or his family, during the last six months, by retail dealers, such as bakers, butchers, grocers; and, during the last year, by keepers of boarding houses and taverns.

6. The salaries of clerks, secretaries, and other persons of that kind.

Amended by Acts 1979, No. 711, §1.
La. Code Crim. Proc. art. 930.3 — LA Code / Code code-of-criminal-procedure / Article 930.3
Grounds
Status: in_force

If the petitioner is in custody after sentence for conviction for an offense, relief shall be granted only on the following grounds:

(1) The conviction was obtained in violation of the constitution of the United States or the state of Louisiana.

(2) The court exceeded its jurisdiction.

(3) The conviction or sentence subjected him to double jeopardy.

(4) The limitations on the institution of prosecution had expired.

(5) The statute creating the offense for which he was convicted and sentenced is unconstitutional.

(6) The conviction or sentence constitute the ex post facto application of law in violation of the constitution of the United States or the state of Louisiana.

(7) The results of DNA testing performed pursuant to an application granted under Article 926.1 proves by clear and convincing evidence that the petitioner is factually innocent of the crime for which he was convicted.

(8) The petitioner is determined by clear and convincing evidence to be factually innocent under Article 926.2.

Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981; Acts 2001, No. 1020, §1; Acts 2021, No. 104, §1.
La. Civ. Code art. 725 — LA Code / Code civil-code / Article 725
Reciprocal servitudes.
Status: in_force

The title that establishes a servitude for the benefit of the dominant estate may also establish a servitude on the dominant estate for the benefit of the servient estate.

Acts 1977, No. 514, §1.
La. Code Crim. Proc. art. 806 — LA Code / Code code-of-criminal-procedure / Article 806
Prohibited charges
Status: in_force

The court shall not charge the jury concerning the facts of the case and shall not comment upon the facts of the case, either by commenting upon or recapitulating the evidence, repeating the testimony of any witness, or giving an opinion as to what has been proved, not proved, or refuted.
La. Civ. Code art. 1544 — LA Code / Code civil-code / Article 1544
Donation effective from time of acceptance
Status: in_force

A donation inter vivos is without effect until it is accepted by the donee. The acceptance shall be made during the lifetime of the donor.

The acceptance of a donation may be made in the act of donation or subsequently in writing.

When the donee is put into corporeal possession of a movable by the donor, possession by the donee also constitutes acceptance of the donation.

Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
La. Code Civ. Proc. art. 3667 — LA Code / Code code-of-civil-procedure / Article 3667
When proof of nonuse required in possessory action against owner of mineral right
Status: in_force

In a possessory action against the owner of a mineral right subject to the prescription of nonuse, one possessing land as owner under a title which on its face discloses the mineral right in question must allege and prove that he has possessed the surface of the land as owner quietly and without interruption for more than one year prior to the date the action is brought and that for a period of at least ten years before the year preceding the date on which the action is brought the mineral right was not used or exercised according to its nature. The fact that prescription accruing against the mineral right in question may have been suspended or may have been interrupted for some cause other than use is irrelevant to the possessory action and can be utilized by the defendant only as a basis for claiming ownership of the disputed rights in a petitory action.

Added by Acts 1974, No. 547, §2, eff. Jan. 1, 1975.
La. Code Civ. Proc. art. 923 — LA Code / Code code-of-civil-procedure / Article 923
Functions of exceptions
Status: in_force

The function of the declinatory exception is to decline the jurisdiction of the court, while the dilatory exception merely retards the progress of the action, but neither exception tends to defeat the action. The function of the peremptory exception is to have the plaintiff's action declared legally nonexistent, or barred by effect of law, and hence this exception tends to dismiss or defeat the action.
La. Code Civ. Proc. art. 3692 — LA Code / Code code-of-civil-procedure / Article 3692
Appointment of surveyor by court; duties of surveyor
Status: in_force

The court may appoint a surveyor to inspect the lands and to make plans in accordance with the prevailing standards and practices of his profession indicating the respective contentions of the parties.

Amended by Acts 1977, No. 169, §2, eff. Jan. 1, 1978.
La. Code Civ. Proc. art. 2882 — LA Code / Code code-of-civil-procedure / Article 2882
Ex parte probate if objection
Status: in_force

An objection to the ex parte probate of a testament may be presented in an opposition. The opposition shall comply with the provisions of Article 2902 and shall be filed.

Amended by Acts 1968 No. 130, §1; Acts 2025, No. 34, §1.
La. Civ. Code art. 693 — LA Code / Code civil-code / Article 693
Enclosed estate; voluntary act
Status: in_force

If an estate becomes enclosed as a result of a voluntary act of its owner at the time of the enclosure, the neighbors are not bound to furnish a passage to the owner or the owner's successors.

Acts 1977, No. 514, §1; Acts 2025, No. 27, §1.
La. Civ. Code art. 1763 — LA Code / Code civil-code / Article 1763
Definition
Status: in_force

A real obligation is a duty correlative and incidental to a real right.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Civ. Proc. art. 3154 — LA Code / Code code-of-civil-procedure / Article 3154
Forced heirs and surviving spouse in community may compel executor to furnish security
Status: in_force

Forced heirs and the surviving spouse in community of the testator may compel the executor to furnish security by an ex parte verified petition therefor. If the court finds that the petitioner is a forced heir, or the surviving spouse in community, it shall order the executor to furnish security, within ten days of the service of the order, in an amount determined by the court as adequate to protect the interest of the petitioner.