FrankGoortani/open-us-law huggingface dataset:
La. Civ. Code art. 3161 — LA Code / Code civil-code / Article 3161
Performance by obligor of a pledged obligation
Status: in_force

A third person obligated on a pledged obligation is bound to render performance to the pledgee only from the time that the pledgor or pledgee notifies him of the pledge and directs him in writing to render performance to the pledgee. Performance that the third person renders to the pledgor before that time extinguishes the pledged obligation and is effective against the pledgee.

Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
La. Civ. Code art. 133 — LA Code / Code civil-code / Article 133
Award of custody to person other than a parent; order of preference
Status: in_force

If an award of joint custody or of sole custody to either parent would result in substantial harm to the child, the court shall award custody to another person with whom the child has been living in a wholesome and stable environment, or otherwise to any other person able to provide an adequate and stable environment.

Acts 1986, No. 966, §1; Acts 1989, No. 546, §1; Acts 1993, No. 261, §1, eff. Jan. 1, 1994.
La. Civ. Code art. 2725 — LA Code / Code civil-code / Article 2725
Extension
Status: in_force

If the lease contract contains an option to extend the term and the option is exercised, the lease continues for the term and under the other provisions stipulated in the option.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Civ. Code art. 1613 — LA Code / Code civil-code / Article 1613
Mistake in identification of object bequeathed
Status: in_force

If the identification of an object given is unclear or erroneous, the disposition is nonetheless effective if it can be ascertained what object the testator intended to give. If it cannot be ascertained whether a greater or lesser quantity was intended, it must be decided for the lesser.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Code Civ. Proc. art. 1031 — LA Code / Code code-of-civil-procedure / Article 1031
Incidental demands allowed
Status: in_force

A. A demand incidental to the principal demand may be instituted against an adverse party, a co-party, or against a third person.

B. Incidental demands are reconvention, cross-claims, intervention, and the demand against third parties.

Acts 1983, No. 63, §1.
La. Code Civ. Proc. art. 1156 — LA Code / Code code-of-civil-procedure / Article 1156
Amended and supplemental pleadings in incidental action
Status: in_force

The petition, the answer, and the exceptions filed in an incidental action may be amended or supplemented in the manner provided in Articles 1151 through 1155.
La. Code Civ. Proc. art. 74.1 — LA Code / Code code-of-civil-procedure / Article 74.1
Action to establish or disavow filiation
Status: in_force

An action to establish filiation and support of a child may be brought in the parish: (1) of the domicile of the child, (2) where conception occurred, (3) where either parent resided at the time of conception, (4) where an act of acknowledgement of the child occurred, or (5) where the birth of the child occurred.

An action to disavow filiation may be brought in the parish of the child's birth, or where either parent resided at the time of that birth.

Added by Acts 1980, No. 764, §3. Amended by Acts 1981, No. 722, §1.
La. Ch. Code art. 103.1 — LA Code / Code childrens-code / Article 103.1
Applicability of Indian Child Welfare Act
Status: in_force

A. The provisions of the federal Indian Child Welfare Act and the regulations promulgated thereunder supersede the Children's Code whenever the outcome of an involuntary or voluntary proceeding may result in the removal of an Indian child from a parent under circumstances in which the parent cannot have the child returned upon demand.

B. Child custody proceedings to which the federal Indian Child Welfare Act and the regulations promulgated thereunder apply include the following:

(1) A child in need of care proceeding.

(2) A certification for adoption proceeding.

(3) A family in need of services proceeding.

(4) A transfer of custody, a surrender for adoption, and any other voluntary proceeding.

Acts 2018, No. 296, §1.
La. Civ. Code art. 1510 — LA Code / Code civil-code / Article 1510
Remunerative donations, extent of reduction
Status: in_force

The value of a remunerative donation is not included in the calculation of the forced portion, and the donation may not be reduced, unless the value of the remunerated services is less than two-thirds the value of the property donated at the time of the donation, in which event the gratuitous portion is included in the calculation and is subject to reduction.

Acts 1996, 1st Ex. Sess., No. 77, §1.
La. Code Civ. Proc. art. 1431 — LA Code / Code code-of-civil-procedure / Article 1431
Order and examination; perpetuation of testimony
Status: in_force

If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of justice, it shall make an order designating or describing the persons whose depositions may be taken and specifying the subject matter of the examination and whether the depositions shall be taken upon oral examination or written interrogatories. The depositions may then be taken in accordance with this Chapter; and the court may make orders of the character provided for by Articles 1461 through 1465. For the purpose of applying the provisions of this Chapter to depositions for perpetuating testimony, each reference therein to the court in which the action is pending shall be deemed to refer to the court in which the petition for such deposition was filed.

Acts 1976, No. 574, §1.
La. Civ. Code art. 2603 — LA Code / Code civil-code / Article 2603
Obligation to deliver conforming things
Status: in_force

The seller must deliver to the buyer things that conform to the contract.

Things do not conform to the contract when they are different from those selected by the buyer or are of a kind, quality, or quantity different from the one agreed.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 188 — LA Code / Code civil-code / Article 188
Disavowal precluded in case of assisted conception
Status: in_force

The husband of the mother may not disavow a child born to his wife as a result of an assisted conception to which he consented.

Amended by Acts 1976, No. 430, §1; Acts 1989, No. 790, §1; Acts 2005, No. 192, §1, eff. June 29, 2005.
La. Ch. Code art. 1630 — LA Code / Code childrens-code / Article 1630
Interstate commission for the placement of children
Status: in_force

NOTE: Art. 1630 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.

A. The member states hereby establish, by way of the compact, a commission known as the "Interstate Commission for the Placement of Children". The activities of the Interstate Commission are the formation of public policy and are a discretionary state function. The Interstate Commission shall:

(1) Be a joint commission of the member states and shall have the responsibilities, powers, and duties set forth herein, and such additional powers as may be conferred upon it by subsequent concurrent action of the respective legislatures of the member states.

(2) Consist of one commissioner from each member state who shall be appointed by the executive head of the state human services administration with ultimate responsibility for the child welfare program. The appointed commissioner shall have the legal authority to vote on policy related matters governed by the compact binding the state.

B. Each member state represented at a meeting of the Interstate Commission is entitled to one vote.

C. A majority of the member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.

D. A representative shall not delegate a vote to another member state.

E. A representative may delegate voting authority to another person from their state for a specified meeting.

F. In addition to the commissioners of each member state, the Interstate Commission shall include persons who are members of interested organizations as defined in the bylaws or rules of the Interstate Commission. These members shall be ex officio and shall not be entitled to vote on any matter before the Interstate Commission.

G. The Interstate Commission shall establish an executive committee which shall have the authority to administer the daily operations and administration of the commission. The executive committee shall not have the power to engage in rulemaking.

Acts 2010, No. 893, §1.
La. Civ. Code art. 2012 — LA Code / Code civil-code / Article 2012
Stipulated damages may not be modified
Status: in_force

Stipulated damages may not be modified by the court unless they are so manifestly unreasonable as to be contrary to public policy.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 3080 — LA Code / Code civil-code / Article 3080
Preclusive effect of compromise
Status: in_force

A compromise precludes the parties from bringing a subsequent action based upon the matter that was compromised.

Acts 2007, No. 138, §1.
La. Civ. Code art. 682 — LA Code / Code civil-code / Article 682
Raising the height of common wall.
Status: in_force

A co-owner may raise the height of a common wall at his expense provided the wall can support the additional weight. In such a case, he alone is responsible for the maintenance and repair of the raised part.

Acts 1977, No. 514, §1.
La. Civ. Code art. 199 — LA Code / Code civil-code / Article 199
Effect of adoption
Status: in_force

Upon adoption, the adopting parent becomes the parent of the child for all purposes and the filiation between the child and his legal parent is terminated, except as otherwise provided by law. The adopted child and his descendants retain the right to inherit from his former legal parent and the relatives of that parent.

Acts 2009, No. 3, §1, eff. June 9, 2009.
La. Civ. Code art. 2899 — LA Code / Code civil-code / Article 2899
Reimbursement for expenses
Status: in_force

The borrower may not claim reimbursement from the lender for expenses incurred in the use of the thing.

The borrower may claim reimbursement for expenses incurred for the preservation of the thing lent, if the expenses were necessary and urgent.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
La. Civ. Code art. 3473 — LA Code / Code civil-code / Article 3473
Prescription of ten years
Status: in_force

Ownership and other real rights in immovables may be acquired by the prescription of ten years.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Civ. Code art. 2599 — LA Code / Code civil-code / Article 2599
Buyer's right of retention pending reimbursement
Status: in_force

The buyer may retain possession of the immovable until the seller reimburses the buyer the price and the recoverable expenses.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 111 — LA Code / Code civil-code / Article 111
Spousal support; authority of court
Status: in_force

In a proceeding for divorce or thereafter, the court may award interim periodic support to a party or may award final periodic support to a party who is in need of support and who is free from fault prior to the filing of a proceeding to terminate the marriage in accordance with the following Articles.

Amended by Acts 1928, No. 130; Acts 1979, No. 72, §1; Acts 1990, No. 361, §1, eff. Jan. 1, 1991; Acts 1997, No. 1078, §1, eff. Jan. 1, 1998; Acts 2006, No. 749, §1, eff. June 30, 2006.
La. Code Evid. art. 301 — LA Code / Code code-of-evidence / Article 301
Scope of Chapter
Status: in_force

This Chapter applies only to civil cases. It defines and clarifies the foundation, weight, and other effects of presumptions and prima facie evidence or proof as used in legislation but does not apply where more specific legislation provides otherwise. It does not create new presumptions, nor does it apply to or directly affect mixed questions of law and fact, such as the inference of negligence arising from the doctrine of res ipsa loquitur.

Acts 1997, No. 577, §1.
La. Code Civ. Proc. art. 855 — LA Code / Code code-of-civil-procedure / Article 855
Pleading special matters; capacity
Status: in_force

Except as otherwise provided by law, it is not necessary to allege the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of a legal entity or an organized association of persons made a party. Such procedural capacity shall be presumed, unless challenged by the dilatory exception.

Acts 2018, No. 195, §1.
La. Ch. Code art. 786 — LA Code / Code childrens-code / Article 786
Applicability
Status: in_force

In all cases except a disposition committing the child to the custody of a child care agency, the provisions of this Chapter shall be applicable.

Acts 1991, No. 235, §7.
La. Code Crim. Proc. art. 729.4 — LA Code / Code code-of-criminal-procedure / Article 729.4
Pretrial conferences
Status: in_force

The court may by special order or pursuant to local rules require the district attorney and defense counsel to participate in a pretrial conference for the purpose of:

(1) Disposing of discovery motions without formal hearing when there is no objection and no prior voluntary compliance with the provisions hereof; and

(2) Consideration of such other matters as may aid in the prompt and fair disposition of the charge.

Added by Acts 1977, No. 515, §1.
La. Ch. Code art. 1574 — LA Code / Code childrens-code / Article 1574
Reporting
Status: in_force

Whenever a law enforcement officer investigates an allegation of domestic abuse, whether or not an arrest is made, the officer shall make a written report of the alleged incident, including a statement of the complainant and the disposition of the case.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
La. Civ. Code art. 3420 — LA Code / Code civil-code / Article 3420
Treasure
Status: in_force

One who finds a treasure in a thing that belongs to him or to no one acquires ownership of the treasure. If the treasure is found in a thing belonging to another, half of the treasure belongs to the finder and half belongs to the owner of the thing in which it was found.

A treasure is a movable hidden in another thing, movable or immovable, for such a long time that its owner cannot be determined.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Ch. Code art. 1256 — LA Code / Code childrens-code / Article 1256
Effect of final decree
Status: in_force

A. Except as otherwise provided by Paragraph C of this Article, upon a final decree of adoption, the parents of the child whose rights have not been previously terminated by a surrender or a judgment of termination and all other blood relatives of the adopted child are relieved of all their legal duties and divested of all their legal rights with regard to the adopted child including the right of inheritance from the adopted child and his lawful descendents, and the adopted child and his lawful descendents are relieved of all legal duties and divested of all legal rights with regard to the parents and other blood relatives.

B. The right of the child to inherit from his parents and other blood relatives is unaffected by the adoption.

C. If the adoptive parent is married to a blood parent of the adopted child, the relationship of that blood parent and his blood relatives to the adopted child shall remain unaltered and unaffected by the adoption.

D. Under the circumstances and pursuant to the procedures authorized by Chapter 14 of this Title, grandparents may obtain limited visitation rights to the adopted child.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Code Crim. Proc. art. 892 — LA Code / Code code-of-criminal-procedure / Article 892
Post-sentence statement by sheriff; accompanying documents
Status: in_force

A. The sheriff shall prepare a statement indicating the amount of time a defendant has spent in custody prior to conviction when the defendant has been convicted of a felony and is committed to the Department of Public Safety and Corrections, has been convicted of a misdemeanor and sentenced for a term of one year or more to any penal institution, or has been ordered committed to any mental institution or mental hospital. The sheriff shall retain a copy of the statement and submit the original to the sheriff of the parish to which the defendant is sentenced.

B.(1) When a sheriff's statement is required pursuant to Paragraph A of this Article, the clerk of court shall also prepare the following documents:

(a) A copy of the indictment under which the defendant was convicted.

(b) A copy of the Uniform Sentencing Commitment Order in the format authorized by the Louisiana Supreme Court which shall include the name and address of the judge, the district attorney, and the defense attorney who participated in the sentencing trial. If the department needs information relating to the sentence not provided in the Uniform Sentencing Commitment Order, it may request that information from the court.

(2) The clerk shall retain a copy of the statement and documents and send the original to the sheriff of the parish to which the defendant has been sentenced, where they shall be preserved. The documents, or copies thereof, shall be made available to the governor, the pardon board, and the parole committee.

C.(1) All statements and documents required by this Article shall physically accompany any defendant when said defendant is transferred to a penal institution or a mental institution or mental hospital. Said documents and statements shall be tendered to the officer in charge of the institution at the time that the defendant is presented for admittance thereto.

(2) For defendants who have been convicted of a felony and committed to the Department of Public Safety and Corrections, all statements and documents required by this Article shall be submitted electronically in accordance with R.S. 15:1228.10.

D. Failure to comply with the provisions of this Article shall not affect the validity of a prosecution, conviction, or sentence.

Amended by Acts 1975, No. 731, §1; Acts 1977, No. 608, §1; Acts 1978, No. 179, §1; Acts 1982, No. 543, §1; Acts 1987, No. 98, §1; Acts 2011, No. 186, §1; Acts 2017, No. 36, §1; Acts 2017, No. 98, §1, eff. December 1, 2017; Acts 2025, No. 46, §1.
La. Code Civ. Proc. art. 5092 — LA Code / Code code-of-civil-procedure / Article 5092
Qualifications; suggestions for appointment not permitted
Status: in_force

When the court appoints an attorney at law to represent an unrepresented party, it shall appoint an attorney qualified to practice law in this state.

The court shall not accept any suggestion as to the name of the attorney to be appointed, unless manifestly in the interest of the unrepresented party.
La. Code Crim. Proc. art. 704 — LA Code / Code code-of-criminal-procedure / Article 704
Severance
Status: in_force

Jointly indicted defendants shall be tried jointly unless:

(1) The state elects to try them separately; or

(2) The court, on motion of the defendant, and after contradictory hearing with the district attorney, is satisfied that justice requires a severance.
La. Code Civ. Proc. art. 2413 — LA Code / Code code-of-civil-procedure / Article 2413
Effect of garnishee's failure to answer
Status: in_force

A. If the garnishee fails to answer within the delay provided by Article 2412, the judgment creditor may proceed by contradictory motion against the garnishee for the amount of the unpaid judgment, with interest and costs. When the garnishee is a state agency or department within the executive branch of state government, the party designated for service of garnishment petitions in Article 2412(B) shall be notified of the intent to file such a motion by certified mail at least fifteen days prior to the filing of the motion. The failure of the garnishee to answer prior to the filing of such a contradictory motion is prima facie proof that he has property of or is indebted to the judgment debtor to the extent of the judgment, interest, and costs.

B. Judgment shall be rendered against the garnishee on trial of the motion unless he proves that he had no property of and was not indebted to the judgment debtor. If on the trial of such motion, the garnishee proves the amount of such property or indebtedness, the judgment against the garnishee shall be limited to the delivery of the property or payment of the indebtedness, as provided in Article 2415.

C. Regardless of the decision on the contradictory motion, the court shall render judgment against the garnishee for the costs and a reasonable attorney fee for the motion.

Acts 1999, No. 886, §1; Acts 2001, No. 250, §1.
La. Civ. Code art. 2834 — LA Code / Code civil-code / Article 2834
Liquidation of the partnership.
Status: in_force

In the absence of contrary agreement, a partnership is liquidated in the same manner and according to the same rules that govern the liquidation of corporations.

A partnership retains its juridical personality for the purpose of liquidation.

Acts 1980, No. 150, §1.
La. Civ. Code art. 142 — LA Code / Code civil-code / Article 142
Modification or termination of child support award
Status: in_force

An award of child support may be modified if the circumstances of the child or of either parent materially change and shall be terminated upon proof that it has become unnecessary.

Acts 1993, No. 261, §6, eff. Jan. 1, 1994; Acts 2001, No. 1082, §2.
La. Code Crim. Proc. art. 578 — LA Code / Code code-of-criminal-procedure / Article 578
General rule
Status: in_force

A. Except as otherwise provided in this Chapter, no trial shall be commenced nor any bail obligation be enforceable:

(1) In capital cases after three years from the date of institution of the prosecution;

(2) In other felony cases after two years from the date of institution of the prosecution; and

(3) In misdemeanor cases after one year from the date of institution of the prosecution.

B. The offense charged shall determine the applicable limitation.

Acts 2006, No. 123, §1, eff. June 2, 2006.
La. Civ. Code art. 1967 — LA Code / Code civil-code / Article 1967
Cause defined; detrimental reliance
Status: in_force

Cause is the reason why a party obligates himself.

A party may be obligated by a promise when he knew or should have known that the promise would induce the other party to rely on it to his detriment and the other party was reasonable in so relying. Recovery may be limited to the expenses incurred or the damages suffered as a result of the promisee's reliance on the promise. Reliance on a gratuitous promise made without required formalities is not reasonable.

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