FrankGoortani/open-us-law huggingface dataset:
La. Code Crim. Proc. art. 252 — LA Code / Code code-of-criminal-procedure / Article 252
Definitions
Status: in_force

For purposes of this Title:

(1) "Administrator" means the person conducting the photo or live lineup.

(2) "Blind" means conducted in such a way that the administrator does not know the identity of the suspect.

(3) "Blinded" means conducted in such a way that the administrator may know who the suspect is, but does not know which lineup member is being viewed by the eyewitness.

(4) "Criminal justice entity" means any government agency or subunit thereof, or private agency that, through statutory authorization or a legal formal agreement with a governmental unit or agency, has the power of investigation, arrest, detention, prosecution, adjudication, treatment, supervision, rehabilitation, or release of persons suspected, charged, or convicted of a crime.

(5) "Eyewitness" means a person who observes another person at or near the scene of an offense.

(6) "Filler" means either a person or a photograph of a person who is not suspected of an offense but is included in an identification procedure.

(7) "Folder shuffle method" means a blinded procedure in which the suspect photos and nonsuspect or filler photos are each placed in separate folders for a total of six photographs and shuffled together along with four blank folders and handed to the eyewitness one at a time so that the administrator cannot see which photograph the eyewitness is viewing.

(8) "Live lineup" means an identification procedure in which a group of persons, including the suspected perpetrator of an offense and other persons not suspected of the offense, is displayed to an eyewitness for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator.

(9) "Photo lineup" means an identification procedure in which an array of photographs, including a photograph of the suspected perpetrator of an offense and additional photographs of other persons not suspected of the offense, is displayed to an eyewitness either in hard copy form or via computer or similar device for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator.

(10) "Suspect" means a person believed by law enforcement to be the possible perpetrator of an offense.

Acts 2018, No. 466, §1, eff. May 23, 2018.
La. Civ. Code art. 3423 — LA Code / Code civil-code / Article 3423
Rights of possessors
Status: in_force

A possessor is considered provisionally as owner of the thing he possesses until the right of the true owner is established.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Code Civ. Proc. art. 891 — LA Code / Code code-of-civil-procedure / Article 891
Form of petition
Status: in_force

A. The petition shall comply with Articles 853, 854, and 863, and, whenever applicable, with Articles 855 through 861. It shall set forth the name, surname, and domicile of the parties; shall contain a short, clear, and concise statement of all causes of action arising out of, and of the material facts of, the transaction or occurrence that is the subject matter of the litigation; shall designate a physical address, not a post office box, and an email address for receipt of service of all items involving the litigation; and shall conclude with a prayer for judgment for the relief sought. Relief may be prayed for in the alternative.

B. For petitions involving domestic violence brought pursuant to R.S. 46:2131 et seq., R.S. 9:361 et seq., Children's Code Article 1564 et seq., or Code of Civil Procedure Article 3601 et seq., the address and parish of the residence of each petitioner and each person on whose behalf the petition is filed may remain confidential with the court.

Acts 1990, No. 521, §2, eff. Jan. 1, 1991; Acts 1991, No. 48, §1; Acts 1997, No. 1156, §2; Acts 2021, No. 68, §1, eff. Jan. 1, 2022.
La. Code Civ. Proc. art. 3957 — LA Code / Code code-of-civil-procedure / Article 3957
Waiver of service of petition and rule to show cause and accompanying notices
Status: in_force

A. A party in a divorce action under Civil Code Article 102 may expressly waive service of the petition and accompanying notice by any written waiver executed after the filing of the petition and made part of the record.

B. If there is such a waiver, the periods specified by Civil Code Article 102 and Code of Civil Procedure Articles 3953 and 3954 shall run from the date of execution of the waiver.

C. A party in a divorce action under Civil Code Article 102 may expressly waive service of the rule to show cause why a divorce should not be granted and accompanying notice by any written waiver executed after the filing of the rule to show cause and made part of the record.

Acts 1991, No. 367, §2.
La. Civ. Code art. 1371 — LA Code / Code civil-code / Article 1371
Coheirs' proportionate liability for succession debts.
Status: in_force

No partition is made of the passive debts of the succession; each heir remains bound for the part he takes in the succession, but in order to equalize the shares, those heirs who take the largest allotments may be charged with the payment of a larger portion of the debts.
La. Code Evid. art. 402 — LA Code / Code code-of-evidence / Article 402
Relevant evidence generally admissible; irrelevant evidence inadmissible
Status: in_force

All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, the Constitution of Louisiana, this Code of Evidence, or other legislation. Evidence which is not relevant is not admissible.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Code Crim. Proc. art. 947 — LA Code / Code code-of-criminal-procedure / Article 947
Affected court conducting emergency sessions; authority and powers
Status: in_force

An affected court ordered to conduct emergency sessions outside of its parish or territorial jurisdiction pursuant to Article 944 shall retain all authority and powers previously exercised by that court in its parish or territorial jurisdiction.

Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.
La. Ch. Code art. 336 — LA Code / Code childrens-code / Article 336
Effect of appeal
Status: in_force

A. Except as provided by Paragraphs B and C of this Article, the effect of a judgment shall not be suspended by an appeal, unless the trial court or a court of appeal directs otherwise.

B. A parent shall have the right to appeal suspensively from any ruling terminating his parental rights, including a judgment of adoption, notwithstanding the power of the court to order the commencement or continuation of temporary custody of the child with persons other than the parents.

C. A suspensive appeal shall not suspend the execution of the judgment insofar as the judgment relates to custody or child support.

Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
La. Civ. Code art. 2051 — LA Code / Code civil-code / Article 2051
Contract worded in general terms
Status: in_force

Although a contract is worded in general terms, it must be interpreted to cover only those things it appears the parties intended to include.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Civ. Proc. art. 2974 — LA Code / Code code-of-civil-procedure / Article 2974
Appeals
Status: in_force

Appeals from orders or judgments rendered in succession proceedings shall be governed by the rules applicable to appeals in ordinary proceedings, except that an order or judgment confirming, appointing, or removing a succession representative, or granting an interim allowance under Article 3321 shall be executed provisionally, notwithstanding appeal.

The acts of a succession representative shall not be invalidated by the annulment of his appointment on appeal.
La. Code Civ. Proc. art. 4873 — LA Code / Code code-of-civil-procedure / Article 4873
Transfer to district court; procedure; contest; effect
Status: in_force

A party entitled thereto under the provisions of Article 4872 may transfer the action to the district court in the following manner:

(1) Within the delay allowed for answer in the trial court of the limited jurisdiction, or within ten days after answer has been filed, the party shall file a motion to transfer with the clerk of the court in which the suit is pending. The motion shall include a declaration that the matter is one to which the defendant would have been entitled to a trial by jury if commenced in district court, and that the defendant desires a trial by jury. If a party fails to file a motion to transfer within the delays required by this Subparagraph, the matter shall not be transferred.

(2) A plaintiff may oppose the transfer of the action to a district court only if the plaintiff stipulates that the action does not exceed ten thousand dollars exclusive of interest and costs.

(3) If no opposition is filed within ten days after the filing of the motion to transfer, the judge of the court in which the suit is pending shall order the transfer to the district court. If an opposition is timely filed, it shall be tried summarily.

(4)(a) Where a transfer is ordered, the clerk of the court in which the action was initially filed shall forward to the clerk of the court to which the action is transferred a certified copy of the record in the initial court, including pleadings, minute entries, and all other proceedings.

(b) The clerk of the district court shall file the action as a new proceeding in that court, upon payment by the defendant of a filing fee as provided by rule of the district court. All costs accruing thereafter, however, shall be advanced in the same manner as though the action had initially been commenced in the district court by the original plaintiff.

(5) When the matter is docketed by the clerk of the district court, the proceeding shall continue in that court as though originally commenced therein. In the event that transfer is effected prior to answer, the defendant shall file the answer in the district court within the delays provided by Article 1001, commencing from the date on which the transferred proceeding is filed in that court.

(6) The disposition of a motion to transfer and any opposition thereto shall not be appealable but shall be reviewable through the exercise of its supervisory jurisdiction by the court of appeal having appellate jurisdiction over the case.

Acts 1979, No. 46, §1, eff. Jan. 1, 1980; Acts 2020, 1 st Ex. Sess., No. 37, §2, eff. Jan. 1, 2021; Acts 2025, No. 250, §3.
La. Code Civ. Proc. art. 4651 — LA Code / Code code-of-civil-procedure / Article 4651
Definition
Status: in_force

A concursus proceeding is one in which two or more persons having competing or conflicting claims to money, property, or mortgages or privileges on property are impleaded and required to assert their respective claims contradictorily against all other parties to the proceeding.
La. Code Civ. Proc. art. 731 — LA Code / Code code-of-civil-procedure / Article 731
Individuals having procedural capacity
Status: in_force

A competent major and a competent emancipated minor have the procedural capacity to be sued.
La. Civ. Code art. 2338 — LA Code / Code civil-code / Article 2338
Community property.
Status: in_force

The community property comprises: property acquired during the existence of the legal regime through the effort, skill, or industry of either spouse; property acquired with community things or with community and separate things, unless classified as separate property under Article 2341; property donated to the spouses jointly; natural and civil fruits of community property; damages awarded for loss or injury to a thing belonging to the community; and all other property not classified by law as separate property.

Acts 1979, No. 709, §1.
La. Code Crim. Proc. art. 801 — LA Code / Code code-of-criminal-procedure / Article 801
Time for charge; when written charge required
Status: in_force

A. The court shall charge the jury after the presentation of all evidence and arguments. The court shall reduce its charge to writing if it is requested to do so by either a defendant or the state prior to the swearing of the first witness at the trial on the merits. The court's written charge shall be read to the jury. The court shall deliver a copy thereof to the defendant and to the state prior to reading it to the jury.

B.(1) After such written charge is read to the jury, a copy of the written charge shall be delivered to the jury if such delivery is consented to by both the defendant and the state in open court but not in the presence of the jury.

(2) The lack of consent by either the defendant or the state to the delivery of the written charge to the jury shall not be communicated to the jury.

C. A party may not assign as error the giving or failure to give a jury charge or any portion thereof unless an objection thereto is made before the jury retires or within such time as the court may reasonably cure the alleged error. The nature of the objection and grounds therefor shall be stated at the time of objection. The court shall give the party an opportunity to make the objection out of the presence of the jury.

Amended by Acts 1982, No. 458, §1; Acts 2001, No. 310, §1.
La. Code Civ. Proc. art. 4234 — LA Code / Code code-of-civil-procedure / Article 4234
Removal of tutor
Status: in_force

The court may remove any tutor who is or has become disqualified; is a nonresident who has not appointed, or has left the state permanently without appointing, an agent to represent him as required by Article 4273; has become incapable of discharging the duties of his office; has mismanaged the minor's property; has failed to perform any duty imposed by law or by order of court; or if such removal would be in the best interests of the minor.

The court on its own motion may order, and on motion of any interested party shall order the tutor to show cause why he should not be removed from office. If service of this order cannot be made on the tutor for any reason, the court shall appoint an attorney at law to represent him, on whom service shall be made and against whom the proceeding shall be conducted contradictorily.

The removal of a tutor from office does not invalidate any of his official acts performed prior to his removal.

Amended by Acts 1964, No. 4, §1; Acts 1976, No. 429, §3.
La. Code Civ. Proc. art. 4547 — LA Code / Code code-of-civil-procedure / Article 4547
Hearing
Status: in_force

An interdiction proceeding shall be heard summarily and by preference. The defendant has a right to be present at the hearing and the court shall not conduct the hearing in his absence, unless the court determines that good cause exists to do so. The defendant has the right to present evidence, to testify, to cross-examine witnesses, and to otherwise participate at the hearing. If the defendant is unable to come to the courthouse for the hearing, the judge may hold the hearing where the defendant is located. The hearing may be closed for good cause. The court may call witnesses not called by the parties and may require the presence of a proposed curator.

Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001.
La. Civ. Code art. 1424 — LA Code / Code civil-code / Article 1424
Administration expenses, how charged
Status: in_force

Administration expenses are charged ratably to the fruits and products of property that is the object of the general or universal legacies and property that devolves by intestacy. When the fruits and products do not suffice to discharge the administration expenses, the remaining expenses are charged first to the property itself, next to the fruits and products of property that is the object of particular legacies, and then to the property itself.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Code Crim. Proc. art. 131 — LA Code / Code code-of-criminal-procedure / Article 131
Duties and powers
Status: in_force

Clerks, sheriffs, constables, marshals, stenographers, and other court officers have such powers and perform such duties as are conferred upon them by law.
La. Civ. Code art. 1574 — LA Code / Code civil-code / Article 1574
Forms of testaments
Status: in_force

There are two forms of testaments: olographic and notarial.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Code Civ. Proc. art. 287 — LA Code / Code code-of-civil-procedure / Article 287
District court clerk ex officio notary
Status: in_force

The clerk of a district court is ex officio a notary; and, as such, may administer oaths and exercise all of the other functions, powers, and authority of a notary.
La. Civ. Code art. 3295 — LA Code / Code civil-code / Article 3295
Mortgage securing another's obligation
Status: in_force

A person may establish a mortgage over his property to secure the obligations of another. In such a case, the mortgagor may assert against the mortgagee any defense to the obligation which the mortgage secures that the obligor could assert except lack of capacity or discharge in bankruptcy of the obligor.

Acts 1991, No. 652, §1, eff. Jan. 1, 1992.
La. Civ. Code art. 695 — LA Code / Code civil-code / Article 695
Relocation of servitude
Status: in_force

The owner of the enclosed estate has no right to the relocation of the servitude of passage after it is fixed. The owner of the servient estate has the right to demand relocation of the servitude to a more convenient place at his own expense, provided that the new location is equally convenient to the enclosed estate.

Acts 1977, No. 514, §1; Acts 2025, No. 27, §1.
La. Civ. Code art. 3237 — LA Code / Code civil-code / Article 3237
Privileges on ships and vessels, enumeration and ranking; prescription.
Status: in_force

The following debts are privileged on the price of ships and other vessels, in the order in which they are placed:

1. Legal and other charges incurred to obtain the sale of a ship or other vessel, and the distribution of the price.

2. Debts for pilotage, towage, wharfage and anchorage.

3. The expenses of keeping the vessel from the time of her entrance into port until sale, including the wages of persons employed to watch her.

4. The rent of stores, in which the rigging and apparel are deposited.

5. The maintenance of the ship and her tackle and apparatus, since her return into port from her last voyage.

6. The wages of the captain and crew employed on the last voyage.

7. Sums lent to the captain for the necessities of the ship during the last voyage, and reimbursement of the price of merchandise sold by him for the same purpose.

8. Sums due to sellers, to those who have furnished materials and to workmen employed in the construction, if the vessel has never made a voyage; and those due to creditors for supplies, labor, repairing, victuals, armament and equipment, previous to the departure of the ship, if she has already made a voyage.

9. Money lent on bottomry for refitting, victualing, arming and equipping the vessel before her departure.

10. The premiums due for insurance made on the vessel, tackle and apparel, and on the armament and equipment of the ship.

11. The amount of damage due to freighters for the failure in delivering goods which they have shipped, or for the reimbursement of damage sustained by the goods through the fault of the captain or crew.

12. Where any loss or damage has been caused to the person or property of any individual by any carelessness, neglect or want of skill in the direction or management of any steamboat, barge, flatboat, water craft or raft, the party injured shall have a privilege to rank after the privileges above specified.

The term of prescription of privileges against ships, steamboats and other vessels shall be six months.
La. Code Civ. Proc. art. 2168 — LA Code / Code code-of-civil-procedure / Article 2168
Posting of unpublished opinions; citation
Status: in_force

A. The unpublished opinions of the supreme court and the courts of appeal shall be posted by such courts on the Internet websites of such courts.

B. Opinions posted as required in this Article may be cited as authority and, if cited, shall be cited by use of the case name and number assigned by the posting court.

Acts 2006, No. 644, §1.
La. Code Crim. Proc. art. 774 — LA Code / Code code-of-criminal-procedure / Article 774
Argument; scope
Status: in_force

The argument shall be confined to evidence admitted, to the lack of evidence, to conclusions of fact that the state or defendant may draw therefrom, and to the law applicable to the case.

The argument shall not appeal to prejudice.

The state's rebuttal shall be confined to answering the argument of the defendant.
La. Civ. Code art. 1745 — LA Code / Code civil-code / Article 1745
Applicability of rules on donations in contemplation of marriage by third person
Status: in_force

The provisions of Chapter 8 of this Title shall apply mutatis mutandis to such donations, with the following modifications.

Acts 2004, No. 619, §1, eff. Sept. 1, 2005.
La. Civ. Code art. 3130 — LA Code / Code civil-code / Article 3130
Appeal from award; prepayment and repayment of penalty.
Status: in_force

He who is not satisfied with the award, may appeal from it, though the parties had renounced such appeal by the submission; but the appellant before being heard on his appeal, ought to pay the penalty stipulated in the submission, if any has been stipulated; and this penalty shall ever be due, though the appellant afterwards renounces his appeal; but if he succeeds to have the award reversed, either in whole or in part, the court who shall pronounce on the appeal, shall order the re-payment of the penalty; but if the award is confirmed, the penalty which has been paid, shall operate no diminution on the amount of the award.
La. Code Crim. Proc. art. 990 — LA Code / Code code-of-criminal-procedure / Article 990
Affidavit of response form to be used
Status: in_force

"

STATE OF LOUISIANA

JUDICIAL DISTRICT FOR THE PARISH OF

______________________________

No.: ______________

Division: "_______"

State of Louisiana

vs.

_______________________________________________________

AFFIDAVIT OF RESPONSE

Pursuant to Louisiana Code of Criminal Procedure Article 980, the District Attorney for the Parish of __________________ acknowledges the following:

*

No Opposition. Respondent respectfully consents to waiver of the contradictory hearing.

*

Opposition to the Motion of Expungement with Reasons. Respondent respectfully requests a contradictory hearing.

OR

Pursuant to Louisiana Code of Criminal Procedure Article 980, the Louisiana Bureau of Criminal Identification and Information acknowledges the following:

*

No Opposition. Respondent respectfully consents to waiver of the contradictory hearing.

*

Opposition to the Motion of Expungement with Reasons. Respondent respectfully requests a contradictory hearing.

OR

Pursuant to Louisiana Code of Criminal Procedure Article 980, the arresting law enforcement agency__________________acknowledges the following:

*

No Opposition. Respondent respectfully consents to waiver of the contradictory hearing.

*

Opposition to the Motion of Expungement with Reasons. Respondent respectfully requests a contradictory hearing.

Respectfully submitted,

____________________________________

Signature of Attorney

____________________________________

Attorney's Bar Roll No.

____________________________________

Address

____________________________________

City, State, ZIP Code

____________________________________

Telephone Number

PLEASE SERVE:

1.

District Attorney:______________________________________________

2.

Louisiana Bureau of Criminal Identification and Information___________

3.

The Arresting Law Enforcement Agency___________________________

Acts 2014, No. 145, §1.
La. Code Civ. Proc. art. 2343 — LA Code / Code code-of-civil-procedure / Article 2343
Sheriff's return after sale
Status: in_force

The sheriff shall make a signed return to the clerk who issued the writ, showing that all formalities have been complied with and stating the manner in which the writ was executed, a description of the property sold, the name of the purchaser, the purchase price, and the disposition thereof.