FrankGoortani/open-us-law huggingface dataset:
La. Ch. Code art. 805 — LA Code / Code childrens-code / Article 805
Venue
Status: in_force

A. A delinquency proceeding shall be commenced in the parish in which the offense complained of took place. The juvenile court shall conduct the adjudication hearing and may also conduct the disposition hearing unless it decides to transfer the case as provided for in Paragraph B of this Article.

B. Upon motion of the district attorney, the child, or upon the court's own motion, after the confection of an informal adjustment agreement or an adjudication that the child is delinquent, the court may transfer the proceeding to the parish in which the child is domiciled.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 1671 — LA Code / Code code-of-civil-procedure / Article 1671
Voluntary dismissal
Status: in_force

A judgment dismissing an action without prejudice shall be rendered upon application of the plaintiff and upon his payment of all costs, if the application is made prior to any appearance of record by the defendant. If the application is made after such appearance, the court may refuse to grant the judgment of dismissal except with prejudice.

Acts 1997, No. 578, §1.
La. Civ. Code art. 2654 — LA Code / Code civil-code / Article 2654
Documents evidencing the right
Status: in_force

The assignor of a right must deliver to the assignee all documents in his possession that evidence the right. Nevertheless, a failure by the assignor to deliver such documents does not affect the validity of the assignment.

When a right is assigned only in part, the assignor may give the assignee an original or a copy of such documents.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 1770 — LA Code / Code civil-code / Article 1770
Condition that depends on the whim or the will of the obligor
Status: in_force

A suspensive condition that depends solely on the whim of the obligor makes the obligation null.

A resolutory condition that depends solely on the will of the obligor must be fulfilled in good faith.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 1394 — LA Code / Code civil-code / Article 1394
New debts or charges.
Status: in_force

If, since the partition, debts or charges before unknown, are discovered, such new charges, whatever they may be, shall be supported by all the heirs, and they shall mutually guarantee each other.
La. Code Evid. art. 609 — LA Code / Code code-of-evidence / Article 609
Attacking credibility by evidence of conviction of crime in civil cases
Status: in_force

A. General civil rule. For the purpose of attacking the credibility of a witness in civil cases, no evidence of the details of the crime of which he was convicted is admissible. However, evidence of the name of the crime of which he was convicted and the date of conviction is admissible if the crime:

(1) Was punishable by death or imprisonment in excess of six months under the law under which he was convicted, and the court determines that the probative value of admitting this evidence outweighs its prejudicial effect to a party; or

(2) Involved dishonesty or false statement, regardless of the punishment.

B. Time limit. Evidence of a conviction under this Article is not admissible if a period of more than ten years has elapsed since the date of the conviction.

C. Effect of pardon or annulment. Evidence of a conviction is not admissible under this Article if the conviction has been the subject of a pardon, annulment, or other equivalent procedure explicitly based on a finding of innocence.

D. Juvenile adjudications. Evidence of juvenile adjudications of delinquency is generally not admissible under this Article.

E. Pendency of appeal. The pendency of an appeal therefrom does not render evidence of a conviction inadmissible. When evidence of a conviction is admissible, evidence of the pendency of an appeal is also admissible.

F. Arrest, indictment, or prosecution. Evidence of the arrest, indictment, or prosecution of a witness is not admissible for the purpose of attacking his credibility.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Civ. Code art. 2571 — LA Code / Code civil-code / Article 2571
Application of time limit against all persons including minors
Status: in_force

The period for redemption is peremptive and runs against all persons including minors. It may not be extended by the court.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Crim. Proc. art. 336.1 — LA Code / Code code-of-criminal-procedure / Article 336.1
Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Status: repealed

Acts 2003, No. 795, §1; Acts 2015, No. 184, §6; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
La. Code Crim. Proc. art. 614 — LA Code / Code code-of-criminal-procedure / Article 614
Venue where offense committed within one hundred feet of parish boundary
Status: in_force

An offense committed on the boundary line of two parishes or within one hundred feet thereof is deemed to have been committed in either parish.
La. Ch. Code art. 1171 — LA Code / Code childrens-code / Article 1171
Prior approval of private adoptive placement; exceptions
Status: in_force

Except when the child is the stepchild, grandchild, sibling, niece, or nephew of one of the prospective adopting parents, no child who is the subject of a private adoption shall be placed in the home of the prospective adoptive parents prior to their either obtaining a current certification for adoption, as provided for in Articles 1171 through 1173, or by their obtaining a current order of a court of competent jurisdiction approving the adoptive placement, as provided for in Articles 1175 through 1177.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2003, No. 567, §1.
La. Code Crim. Proc. art. 466 — LA Code / Code code-of-criminal-procedure / Article 466
Name of defendant
Status: in_force

In an indictment it is sufficient for the purpose of identifying the defendant to state his true name, or to state the name, appellation, or nickname by which he is known, or if no better way of identifying him is practicable, to state a fictitious name, or to describe him as a person whose name is unknown, or in any other manner. In stating the true name or the name by which the defendant is known or a fictitious name, it is sufficient to state a surname, a surname and one or more given names, or a surname and one or more abbreviations or initials of a given name or names.

If the true name of a defendant identified in the indictment otherwise than by his true name is disclosed by the evidence or is otherwise discovered, the court shall cause the indictment to be amended to show his true name, and the proceedings shall continue against the defendant in his true name.

In no case is it necessary to aver or prove that the true name of the defendant is unknown to the grand jury, complainant, or prosecuting officer.
La. Code Civ. Proc. art. 4555 — LA Code / Code code-of-civil-procedure / Article 4555
Appeal
Status: in_force

An appeal from a judgment of interdiction, an order or judgment appointing or removing a curator or undercurator, or a judgment modifying or terminating interdiction shall be taken within thirty days from the applicable date provided by Article 2087. The order or judgment is not suspended during the pendency of an appeal. The acts of a curator or an undercurator shall not be invalidated by the annulment of his appointment on appeal.

Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001.
La. Civ. Code art. 3031 — LA Code / Code civil-code / Article 3031
Contracts made after termination of the mandate or the mandatary's authority
Status: in_force

If the mandatary does not know that the mandate or his authority has terminated and enters into a contract with a third person who is in good faith, the contract is enforceable.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
La. Code Crim. Proc. art. 1 — LA Code / Code code-of-criminal-procedure / Article 1
Short title; citation of Code
Status: in_force

This Code shall be known as the Louisiana Code of Criminal Procedure and may be cited officially: C.Cr.P.
La. Code Civ. Proc. art. 3111 — LA Code / Code code-of-civil-procedure / Article 3111
Appointment
Status: in_force

The court may appoint a provisional administrator of a succession, pending the appointment of an administrator or the confirmation of an executor, when it deems such appointment necessary to preserve, safeguard, and operate the property of the succession. On the application of an interested party, or on its own motion, when such an appointment is deemed necessary, the court may appoint a qualified person as provisional administrator forthwith.
La. Code Civ. Proc. art. 2128.1 — LA Code / Code code-of-civil-procedure / Article 2128.1
Depositions
Status: in_force

Depositions made a part of the record on appeal may be attached in a reduced format consisting of no more than four pages of deposition testimony per physical page or in any electronic format approved by the court.

Acts 2012, No. 171, §1.
La. Code Civ. Proc. art. 2081 — LA Code / Code code-of-civil-procedure / Article 2081
Applicability of Title
Status: in_force

The provisions of this Title are applicable to all appeals to the supreme court and the courts of appeal, except as otherwise provided by law.
La. Civ. Code art. 2788 — LA Code / Code civil-code / Article 2788
Annuity charge; recordation
Status: in_force

An annuity charge on an immovable is without effect as to third persons unless the annuity contract establishing it is recorded in the conveyance records of the parish in which the immovable is located.

Acts 2012, No. 258, §1, eff. Jan. 1, 2013.
La. Civ. Code art. 1843 — LA Code / Code civil-code / Article 1843
Ratification
Status: in_force

Ratification is a declaration whereby a person gives his consent to an obligation incurred on his behalf by another without authority.

An express act of ratification must evidence the intention to be bound by the ratified obligation.

Tacit ratification results when a person, with knowledge of an obligation incurred on his behalf by another, accepts the benefit of that obligation.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 654 — LA Code / Code civil-code / Article 654
Kinds of predial servitudes.
Status: in_force

Predial servitudes may be natural, legal, and voluntary or conventional. Natural servitudes arise from the natural situation of estates; legal servitudes are imposed by law; and voluntary or conventional servitudes are established by juridical act, prescription, or destination of the owner.

Acts 1977, No. 514, §1.
La. Code Civ. Proc. art. 373 — LA Code / Code code-of-civil-procedure / Article 373
Expert appointed by court
Status: in_force

An expert appointed by a trial court to assist it in the adjudication of a case in which his special skill and knowledge may aid the court is an officer of the court from the time of his qualification until the rendition of final judgment in the case.
La. Code Civ. Proc. art. 1768 — LA Code / Code code-of-civil-procedure / Article 1768
Swearing of jurors; selection of foreman
Status: in_force

When the jury has been accepted by all parties, the jurors shall be sworn to try the case in a just and impartial manner, to the best of their judgment, and to render a verdict according to the law and the evidence. When the jury has retired, the jurors shall select a foreman to preside over them and sign the verdict which they may render.
La. Civ. Code art. 953 — LA Code / Code civil-code / Article 953
Legacy subject to a suspensive condition
Status: in_force

A legacy that is subject to a suspensive condition may be accepted or renounced either before or after the fulfillment of the condition.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Code Civ. Proc. art. 1094 — LA Code / Code code-of-civil-procedure / Article 1094
Intervener accepts proceedings
Status: in_force

An intervener cannot object to the form of the action, to the venue, or to any defects and informalities personal to the original parties.
La. Civ. Code art. 1171 — LA Code / Code civil-code / Article 1171
Persons authorized to make sale.
Status: in_force

Representatives of successions shall have the right to cause sales of the property administered by them to be made either by the sheriff or an auctioneer, or to make it themselves; but in the event of making the sales themselves, they shall receive no commission therefor.
La. Ch. Code art. 1637 — LA Code / Code childrens-code / Article 1637
Withdrawal and dissolution
Status: in_force

NOTE: Art. 1637 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.

A. Withdrawal:

(1) Once effective, the compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw from the compact specifically repealing the statute which enacted the compact into law.

(2) Withdrawal from the compact shall be by the enactment of a statute repealing the same. The effective date of withdrawal shall be the effective date of the repeal of the statute.

(3) The withdrawing state shall immediately notify the president of the Interstate Commission in writing upon the introduction of legislation repealing the compact. The Interstate Commission shall then notify the other member states of the state's intent to withdraw.

(4) The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal.

(5) Reinstatement following withdrawal of a member state shall occur when the state reenacts the compact or upon a date determined by the members of the Interstate Commission.

B. Dissolution of compact:

(1) The compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one member state.

(2) Upon the dissolution of the compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.

Acts 2010, No. 893, §1.
La. Ch. Code art. 1285.10 — LA Code / Code childrens-code / Article 1285.10
Continuing duties of department
Status: in_force

A. After an interlocutory decree has been entered, the department shall maintain contact with the proposed adoptive home directly or through another agency in accordance with Paragraph B of this Article. The number of visits to the home and the time for them shall be within the discretion of the department; however, no less than two visits shall be made to the home, one of which shall occur within thirty days before the final decree of adoption.

B. The department may delegate the performance of this investigation to a licensed private adoption agency, but the department remains responsible for ensuring the accuracy and thoroughness of the resulting report and for the safety and welfare of the child. The department shall adopt, promulgate, and enforce such rules and regulations as are necessary and appropriate to implement this authorization in accordance with the Administrative Procedure Act.

C. A second confidential report must be presented to the court preceding the hearing on the final decree of adoption. The findings of this report shall be based upon the same findings as prescribed in Article 1285.5 and shall disclose any changed conditions and all new pertinent information.

Acts 2013, No. 86, §1.
La. Civ. Code art. 1886 — LA Code / Code civil-code / Article 1886
Delegation of performance
Status: in_force

A delegation of performance by an obligor to a third person is effective when that person binds himself to perform.

A delegation effects a novation only when the obligee expressly discharges the original obligor.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 589 — LA Code / Code civil-code / Article 589
Discharge of debt on encumbered property by mortis causa usufructuary
Status: in_force

If the usufructuary of a usufruct established mortis causa advances funds to discharge an estate debt charged to the property subject to the usufruct, the naked owner shall reimburse the usufructuary, without interest, at the termination of the usufruct, but only to the extent of the principal of the debt he has discharged and for any interest he has paid that had accrued on the debt before the commencement of the usufruct.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.
La. Civ. Code art. 2687 — LA Code / Code civil-code / Article 2687
Damage caused by fault
Status: in_force

The lessee is liable for damage to the thing caused by his fault or that of a person who, with his consent, is on the premises or uses the thing.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Civ. Code art. 1924 — LA Code / Code civil-code / Article 1924
Mere representation of majority; reliance
Status: in_force

The mere representation of majority by an unemancipated minor does not preclude an action for rescission of the contract. When the other party reasonably relies on the minor's representation of majority, the contract may not be rescinded.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 2369.2 — LA Code / Code civil-code / Article 2369.2
Ownership interest
Status: in_force

Each spouse owns an undivided one-half interest in former community property and its fruits and products.

Acts 1995, No. 433, §1.
La. Ch. Code art. 918 — LA Code / Code childrens-code / Article 918
Grounds
Status: in_force

A. Records and reports of a delinquency matter that did not result in adjudication and records concerning delinquency adjudications for R.S. 14:82, 83.3, 83.4, 89, or 89.2 may be expunged and sealed at any time.

B. Records and reports of a matter that resulted in a finding of Families in Need of Services or an adjudication for any charge other than murder, manslaughter, an offense requiring registration as a sex offender under R.S. 15:542, kidnapping, or armed robbery shall be expunged and sealed only if the court exercising juvenile jurisdiction has ceased to exercise jurisdiction in accordance with Article 313.

C. Records concerning conduct or conditions that resulted in a delinquency adjudication may be expunged and sealed only if all of the following circumstances exist:

(1) The person seeking expungement and sealing has no criminal court felony convictions and no criminal court convictions for misdemeanors against a person involving a firearm.

(2) The person seeking expungement and sealing has no pending indictment or bill of information.

D. If the adjudication was for murder, manslaughter, a sex offense requiring registration under R.S. 15:542, kidnapping, or armed robbery, the child may petition the court for an expungement of his juvenile record when the court has ceased to exercise jurisdiction in accordance with Article 313 and all of the following conditions are met:

(1) Five or more years have elapsed since the person seeking expungement and sealing satisfied the most recent judgment against him.

(2) The person seeking expungement and sealing has no criminal court felony convictions and no criminal court convictions for misdemeanors against a person involving a firearm.

(3) The person seeking expungement and sealing has no pending indictment or bill of information.

Acts 1997, No. 1127, §1, eff. July 14, 1997; Acts 2012, No. 446, §6; Acts 2017, No. 362, §1.
La. Ch. Code art. 608 — LA Code / Code childrens-code / Article 608
Parents' right to counsel; payment
Status: in_force

A. The parents of a child who is the subject of a child in need of care proceeding shall be entitled to qualified, independent counsel after the court issues any order in accordance with Article 619(C) or 620 or at the filing of a petition and at all stages of the proceedings thereafter. If the court does not issue an order in accordance with Article 619(C) or 620, the right to counsel shall attach upon the filing of a petition. At all proceedings governed by Chapter 6 of this Title, the parents shall be presumed to be indigent. Thereafter, indigence shall be determined in accordance with Article 320. The right to counsel may be waived by a parent if the court determines that the parent choosing to waive the right to representation has been instructed by the court about the rights and the possible consequences of waiver. Before accepting a waiver of counsel, the court shall ensure each of the following:

(1) The parent has been informed by the court that the Department of Children and Family Services cannot provide legal advice to the parent or represent the parent's interest.

(2) The parent has been informed by the court that the child's attorney cannot provide legal advice to the parent and does not represent the parent's interest.

(3) The parent has been informed by the court that a proceeding brought in accordance with this Title may ultimately result in a termination of parental rights and a complete and permanent separation of the parent from the child.

(4) The parent has been informed by the court that if the parent is unable to afford an attorney, one will be provided by the Indigent Parents' Representation Program.

(5) That the parent is eighteen years of age or older.

B. If a parent of a child is financially unable to afford counsel or is presumed indigent in accordance with Paragraph A of this Article, the district public defender office shall provide for representation, unless the Louisiana Public Defender Board has contracted to provide for representation in accordance with R.S. 15:185.3(B)(12) or any other provision of law.

C. The unavailability of counsel to represent the parent shall be good cause for a continuance of the continued custody hearing for up to three days, and the hearing shall not proceed until a qualified, independent attorney is provided to the parent.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2007, No. 307, §9; Acts 2014, No. 354, §1; Acts 2022, No. 272, §1.
La. Code Civ. Proc. art. 2503 — LA Code / Code code-of-civil-procedure / Article 2503
Distringas, execution and revocation
Status: in_force

In the execution of the writ of distringas, the sheriff shall seize the property of the defendant and retain it in his possession subject to the orders of the court.

The court shall revoke the writ, and order the sheriff to release and return to the defendant all property seized thereunder, when the defendant proves that he has complied with the judgment sought to be enforced through the distringas, and has also satisfied any judgment for damages which the plaintiff may have obtained against him because of his noncompliance with the judgment first mentioned.

Perishable property seized under a writ of distringas may be sold as provided in Article 2333. The proceeds of such a sale shall be held by the sheriff subject to the orders of the court.
La. Civ. Code art. 3307 — LA Code / Code civil-code / Article 3307
The effect and rank of mortgages
Status: in_force

A mortgage has the following effects:

(1) Upon failure of the obligor to perform the obligation secured by the mortgage, the mortgagee may cause the mortgaged property to be seized and sold in the manner provided by law and have the proceeds applied toward the satisfaction of the obligation.

(2) The mortgaged property may not be transferred or encumbered to the prejudice of the mortgage.

(3) The mortgagee is preferred to the unsecured creditors of the mortgagor and to others whose rights become effective after the mortgage becomes effective as to them.

Acts 1992, No. 1132, §2, eff. Jan. 1, 1993.
La. Civ. Code art. 1811 — LA Code / Code civil-code / Article 1811
Obligor may not choose part of one item
Status: in_force

An obligor may not perform an alternative obligation by rendering as performance a part of one item and a part of another.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 122 — LA Code / Code civil-code / Article 122
Nature of action
Status: in_force

The claim for contributions made to the education or training of a spouse is strictly personal to each party.

Acts 1990, No. 1008, §2, eff. Jan. 1, 1991.