FrankGoortani/open-us-law huggingface dataset:
La. Civ. Code art. 3320 — LA Code / Code civil-code / Article 3320
Recordation; limits of effectiveness
Status: in_force

A, B. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.

C. Recordation has only the effect given it by legislation. It is not evidence of the validity of the obligation that the encumbrance secures. It does not give the creditor greater rights against third persons than he has against the person whose property is encumbered.

Acts 1992, No. 1132, §2, eff. Jan. 1, 1993; Acts 2005, No. 169, §8, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005.
La. Code Civ. Proc. art. 3285 — LA Code / Code code-of-civil-procedure / Article 3285
Bonds and stocks
Status: in_force

A succession representative may sell bonds and shares of stock at private sale at rates prevailing in the open market, by obtaining a court order authorizing the sale. No advertisement is necessary, and the order authorizing the sale may be rendered upon the filing of the petition.

The endorsement of the succession representative and a certified copy of the court order authorizing the sale shall be sufficient warrant for the transfer.
La. Ch. Code art. 661 — LA Code / Code childrens-code / Article 661
Presence at adjudication hearing; exclusion of witnesses
Status: in_force

A. The child, his parents, counsel, the district attorney, authorized officials of the court as designated by the judge, agency representatives as designated by the state, court-appointed special advocate (CASA) volunteer, the witness under examination, and the judge may be present at the adjudication hearing.

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

C. The court shall not admit any other person into the courtroom unless the court has determined that the person has a proper interest in or is necessary to the proceedings.

D. On its own motion the court may, and on the request of a party the court shall, order that the witnesses, other than parties, be excluded from the courtroom or from a place where they can see or hear the proceedings, and refrain from discussing the facts of the case with anyone other than counsel in the case. In the interest of justice, the court may exempt any witness from its order.

E. Prior to the commencement of the hearing, the court shall determine whether it is in the child's best interest for the child to remain in the courtroom during the testimony of the witnesses.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2006, No. 764, §1; Acts 2012, No. 730, §1.
La. Code Crim. Proc. art. 660 — LA Code / Code code-of-criminal-procedure / Article 660
Institutional costs after commitment
Status: in_force

The custody, care, and treatment of a defendant committed under the provisions of this Title, and mental examinations and reports subsequent thereto by physicians on the medical staff of the institution, shall be without cost to the parish from which the defendant was committed. When a physician on the medical staff of the institution is called to testify at a hearing or trial concerning a mental examination made by him, he shall be entitled to a reasonable expert witness fee to be fixed by the court, and to reimbursement for traveling expenses in conformity with law, with such fees and expenses to be paid by the parish where the prosecution was instituted.
La. Civ. Code art. 1239 — LA Code / Code civil-code / Article 1239
Grandchildren; right to donations made by grandparent during life of parent
Status: in_force

A. But gifts made or legacies left to a grandchild by his grandfather or grandmother during the life of his father, are always reputed to be exempt from collation.

B. The father, inheriting from the grandfather, is not liable to collate the gifts or legacies left to his child.

Acts 1990, No. 147, §1, eff. July 1, 1990; Acts 1995, No. 1180, §1, eff. Jan. 1, 1996.
La. Civ. Code art. 1980 — LA Code / Code civil-code / Article 1980
Revocation or refusal
Status: in_force

In case of revocation or refusal of the stipulation, the promisor shall render performance to the stipulator.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Evid. art. 201 — LA Code / Code code-of-evidence / Article 201
Judicial notice of adjudicative facts generally
Status: in_force

A. Scope of Article. This Article governs only judicial notice of adjudicative facts. An "adjudicative fact" is a fact normally determined by the trier of fact.

B. Kinds of facts. A judicially noticed fact must be one not subject to reasonable dispute in that it is either:

(1) Generally known within the territorial jurisdiction of the trial court; or

(2) Capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.

C. When discretionary. A court may take judicial notice, whether requested or not.

D. When mandatory. A court shall take judicial notice upon request if supplied with the information necessary for the court to determine that there is no reasonable dispute as to the fact.

E. Opportunity to be heard. A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter noticed. In the absence of prior opportunity to be heard, the request may be made after judicial notice has been taken.

F. Time of taking notice. A party may request judicial notice at any stage of the proceeding but shall not do so in the hearing of a jury. Before taking judicial notice of a matter in its instructions to the jury, the court shall inform the parties before closing arguments begin.

G. Instructing jury. In a civil case, the court shall instruct the jury to accept as conclusive any fact judicially noticed. In a criminal case, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Civ. Code art. 2439 — LA Code / Code civil-code / Article 2439
Definition
Status: in_force

Sale is a contract whereby a person transfers ownership of a thing to another for a price in money.

The thing, the price, and the consent of the parties are requirements for the perfection of a sale.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 551 — LA Code / Code civil-code / Article 551
Kinds of fruits.
Status: in_force

Fruits are things that are produced by or derived from another thing without diminution of its substance.

There are two kinds of fruits; natural fruits and civil fruits.

Natural fruits are products of the earth or of animals.

Civil fruits are revenues derived from a thing by operation of law or by reason of a juridical act, such as rentals, interest, and certain corporate distributions.

Acts 1976, No. 103, §1.
La. Code Crim. Proc. art. 349.4 — LA Code / Code code-of-criminal-procedure / Article 349.4
Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Status: repealed

Acts 2010, No. 710, §2; Acts 2010, No. 914, §1; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
La. Civ. Code art. 94 — LA Code / Code civil-code / Article 94
Absolutely null marriage
Status: in_force

A marriage is absolutely null when contracted without a marriage ceremony, by procuration, or in violation of an impediment. A judicial declaration of nullity is not required, but an action to recognize the nullity may be brought by any interested person.

Acts 1987, No. 886, §1, eff. Jan. 1, 1988.

{{NOTE: SEE ACTS 1987, NO. 886, §5.}}
La. Code Civ. Proc. art. 4872 — LA Code / Code code-of-civil-procedure / Article 4872
Transfer to district court
Status: in_force

A. Where a principal demand is commenced in a parish or city court in which the defendant would otherwise be entitled to trial by jury under the provisions of Article 1731, or under any other provision of law, the defendant may obtain trial by jury by transferring the action to the district court in the manner provided by Article 4873.

B. Where a principal demand commenced in a parish or city court is one in which the defendant was not entitled to trial by jury under the provisions of Article 1731, a party who files an incidental demand in that court as authorized by Article 4846 waives any right he may have to jury trial on such incidental demand.

Acts 1979, No. 46, §1, eff. Jan. 1, 1980.
La. Ch. Code art. 1244.1 — LA Code / Code childrens-code / Article 1244.1
Opposition to intrafamily adoption; time limitations; appointment of counsel; attorney fees
Status: in_force

A. A parent, whose rights have not been terminated in accordance with Title X or XI or who has not previously consented to the adoption in accordance with Article 1244, may oppose the adoption of his child by filing a clear and written answer and opposition to the adoption. The answer and opposition shall be filed with the court within fifteen days from the time of service of the filing of an intrafamily adoption petition.

B. Upon receipt of the opposition, the court shall appoint an attorney to represent the child, subject to the limitations in Article 1121. Neither the child nor anyone purporting to act on his behalf may be permitted to waive this right. The costs of the representation of the child shall be taxed as costs of court.

C. When the opposition provides that the parent cannot afford to hire an attorney, the court shall determine whether due process requires the appointment of counsel within twenty-one days of the filing of the opposition.

D. Notice shall be served in accordance with Articles 1133 and 1134 on the opposing parent, the legal custodian, the petitioner, counsel appointed for the child, counsel appointed for the parent, and the other parent not consenting to the adoption pursuant to Article 1144 or whose rights have not previously been terminated.

Acts 2010, No. 738, §1.
La. Code Civ. Proc. art. 4643 — LA Code / Code code-of-civil-procedure / Article 4643
Appointment of attorney for incompetent when interests conflict
Status: in_force

A. In any partition of property, whether in kind, by licitation, or by private sale, and whether judicial or conventional, of which an incompetent is a co-owner, and the interests of the incompetent conflict with those of his legal representative, undertutor, or undercurator, as the case may be, the court shall appoint an attorney at law to represent and act for the incompetent in the partition. If two or more incompetent co-owners whose interests conflict have the same legal representative, undertutor, or undercurator, the court shall appoint an attorney at law to represent and act for each of these incompetents in the partition.

B. For the purposes of the partition, the attorney at law so appointed shall act in lieu of, and has all of the power and authority of, the legal representative, undertutor, or undercurator referred to in Paragraph A of this Article.

Added by Acts 1962, No. 92, §6; Acts 2020, No. 281, §2, eff. June 11, 2020.
La. Civ. Code art. 565 — LA Code / Code civil-code / Article 565
Predial servitudes.
Status: in_force

The usufructuary has a right to the enjoyment of predial servitudes due to the estate of which he has the usufruct. When the estate is enclosed within other lands belonging to the grantor of the usufruct, the usufructuary is entitled to a gratuitous right of passage.

Acts 1976, No. 103, §1.
La. Code Crim. Proc. art. 977 — LA Code / Code code-of-criminal-procedure / Article 977
Motion to expunge a record of arrest and conviction of a misdemeanor offense
Status: in_force

A. A person may file a motion to expunge his record of arrest and conviction of a misdemeanor offense if either of the following apply:

(1) The conviction was set aside and the prosecution was dismissed pursuant to Article 894(B) of this Code.

(2) More than five years have elapsed since the person completed any sentence, deferred adjudication, or period of probation or parole, and the person has not been convicted of any felony offense during the five-year period, and has no felony charge pending against him. The motion filed pursuant to this Subparagraph shall include a certification obtained from the district attorney which verifies that to his knowledge the applicant has no felony convictions during the five-year period and no pending felony charges under a bill of information or indictment.

B. The motion to expunge a record of arrest and conviction of a misdemeanor offense shall be served pursuant to the provisions of Article 979 of this Code.

C. No person shall be entitled to expungement of a record under any of the following circumstances:

(1) The misdemeanor conviction arose from circumstances involving or is the result of an arrest for a sex offense as defined in R.S. 15:541, except that an interim expungement shall be available as authorized by the provisions of Article 985.1 of this Code.

(2) The misdemeanor conviction was for domestic abuse battery.

(3) The misdemeanor conviction was for stalking (R.S. 14:40.2).

D. Notwithstanding any provision of law to the contrary, a person may file a motion to expunge his record of arrest and conviction of a misdemeanor conviction for a first offense possession of marijuana, tetrahydrocannabinol, or chemical derivatives thereof after ninety days from the date of conviction.

Acts 2014, No. 145, §1; Acts 2015, No. 151, §1, eff. June 23, 2015; Acts 2015, No. 200, §1; Acts 2020, No. 78, §2; Acts 2023, No. 342, §1.
La. Code Civ. Proc. art. 3248 — LA Code / Code code-of-civil-procedure / Article 3248
Enforcement of conventional mortgage or pledge
Status: in_force

The provisions of Articles 3246 and 3247 shall not prevent the enforcement of a conventional mortgage on or a pledge of movable or immovable property of the succession in a separate proceeding.
La. Code Civ. Proc. art. 2857 — LA Code / Code code-of-civil-procedure / Article 2857
Proponent must produce witnesses; subpoenas
Status: in_force

The petitioner for the probate of the testament shall produce all necessary witnesses at the time assigned for the probate hearing, and may cause them to be subpoenaed to appear and testify.
La. Civ. Code art. 484 — LA Code / Code civil-code / Article 484
Young of animals.
Status: in_force

The young of animals belong to the owner of the mother of them.

Acts 1979, No. 180, §1.
La. Code Civ. Proc. art. 4270 — LA Code / Code code-of-civil-procedure / Article 4270
Procedure for investing, reinvesting, or withdrawing funds; checking account on behalf of minor
Status: in_force

A. An investment, reinvestment, or withdrawal of funds of a minor may be made only with the approval of the court after compliance with Article 4271.

B. Notwithstanding the provisions of Paragraph A, the court may authorize a tutor to open and maintain a checking account in the name of the "tutor on behalf of the minor" and to write checks on the account for necessary expenses of the minor without the necessity of obtaining prior approval from the court. However, such approval is necessary in order to transfer funds into the checking account, the total of which transfers shall not exceed five thousand dollars a year, except for good cause shown. All sums deposited into the checking account and all checks written on the account shall be reflected in the annual accounting in accordance with Article 4391 et seq.

C. The provisions of this Article do not create an affirmative duty on any financial institution to open, monitor, regulate, or close any account in the name of the tutor on behalf of the minor and any act by the tutor with respect to such account is a full release and discharge of the financial institution for any cause of action alleging a violation of a provision of this Chapter or any other duty of a tutor.

Acts 1995, No. 122, §1; Acts 1995, No. 1143, §1.
La. Code Civ. Proc. art. 2501 — LA Code / Code code-of-civil-procedure / Article 2501
Judgment ordering delivery of possession; writ of possession
Status: in_force

A party in whose favor a judgment of possession has been rendered may obtain from the clerk a writ of possession directing the sheriff to seize and deliver the property to him if it is movable property, or to compel the party in possession to vacate the property by use of force, if necessary, if it is immovable.
La. Civ. Code art. 3228 — LA Code / Code civil-code / Article 3228
Loss of privilege by sale with other property of purchaser.
Status: in_force

But if he allows the things to be sold, confusedly with a mass of other things belonging to the purchaser, without making his claim, he shall lose the privilege, because it will not be possible in such a case to ascertain what price they brought.
La. Civ. Code art. 3071 — LA Code / Code civil-code / Article 3071
Compromise; definition
Status: in_force

A compromise is a contract whereby the parties, through concessions made by one or more of them, settle a dispute or an uncertainty concerning an obligation or other legal relationship.

Amended by Acts 1981, No. 782, §1, eff. July 28, 1981; Acts 2007, No. 138, §1.
La. Code Civ. Proc. art. 1635 — LA Code / Code code-of-civil-procedure / Article 1635
Exceptions unnecessary
Status: in_force

Formal exceptions to rulings or orders of the court are unnecessary. For all purposes it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which he desires the court to take or his objection to the action of the court and his grounds therefor; and, if a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection does not thereafter prejudice him.
La. Civ. Code art. 3502 — LA Code / Code civil-code / Article 3502
Action for the recognition of a right of inheritance
Status: in_force

An action for the recognition of a right of inheritance and recovery of the whole or a part of a succession is subject to a liberative prescription of thirty years. This prescription commences to run from the day of the opening of the succession.

Acts 1983, No. 173, §1, eff. Jan. 1, 1984.
La. Civ. Code art. 3193 — LA Code / Code civil-code / Article 3193
Reduction of funeral charges of insolvent decedent.
Status: in_force

If the property of the deceased is so incumbered as not to suffice for the payment of his creditors, the funeral charges may, upon the request of any of them, be reduced by the judge to a reasonable rate, regard being had to the station in life which the deceased held and which his family holds.
La. Civ. Code art. 2354 — LA Code / Code civil-code / Article 2354
Liability for fraud or bad faith.
Status: in_force

A spouse is liable for any loss or damage caused by fraud or bad faith in the management of the community property.

Acts 1979, No. 709, §1.
La. Ch. Code art. 437 — LA Code / Code childrens-code / Article 437
Referral for mediation
Status: in_force

A. At any time the court may order the referral for mediation in any proceeding authorized by this Code, except domestic abuse assistance proceedings brought pursuant to Chapter 8, Title XV.

B. The referral order shall recite that while the parties must attend a scheduled mediation session and must attempt to mediate in good faith, they are not required to reach an agreement.

Acts 1999, No. 894, §1; Acts 2007, No. 396, §1; Acts 2017, No. 359, §§1, 4, special eff. date.
La. Civ. Code art. 198 — LA Code / Code civil-code / Article 198
Father's action to establish paternity; time period
Status: in_force

A man may institute an action to establish his paternity of a child at any time except as provided in this Article. The action is strictly personal.

If the child is presumed to be the child of another man, the action shall be instituted within one year from the day of the birth of the child. Nevertheless, if the mother in bad faith deceived the father of the child regarding his paternity, the action shall be instituted within one year from the day the father knew or should have known of his paternity, or within ten years from the day of the birth of the child, whichever first occurs.

In all cases, the action shall be instituted no later than one year from the day of the death of the child.

The time periods in this Article are peremptive.

Amended by Acts 1944, No. 50; Acts 1948, No. 482, §1; Acts 1979, No. 607, §1; Acts 2005, No. 192, §1, eff. June 29, 2005.
La. Code Civ. Proc. art. 3003 — LA Code / Code code-of-civil-procedure / Article 3003
Same; evidence of allegations of petition for possession
Status: in_force

Evidence of the allegations of the petition for possession, under Articles 3002 or 3005, as to the death of the deceased, jurisdiction of the court, marriage of the spouses, and relationship of the petitioners to the deceased, shall be submitted to the court as provided by Articles 2821 through 2823.
La. Civ. Code art. 297 — LA Code / Code civil-code / Article 297
Excuse for infirmity.
Status: in_force

Every person affected with a serious infirmity, may be excused from the tutorship, if this infirmity be of such nature as to render him incapable of transacting his own business.

He may even be discharged from the tutorship, if such infirmity has befallen him after his appointment.
La. Civ. Code art. 947 — LA Code / Code civil-code / Article 947
Right of successor to accept or renounce
Status: in_force

A successor is not obligated to accept rights to succeed. He may accept some of those rights and renounce others.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Code Civ. Proc. art. 1571 — LA Code / Code code-of-civil-procedure / Article 1571
Assignment by court rule
Status: in_force

A.(1) The district courts shall prescribe the procedure for assigning cases for trial, by rules which shall:

(a) Require adequate notice of trial to all parties; and

(b) Prescribe the order of preference in accordance with law.

(2) These rules shall not allow the assignment of ordinary proceedings for trial except after answer filed.

B. A party who appears in proper person before the court shall advise the court of his current address and any change of address during the pendency of the proceedings. The address and change of address shall be entered in the record of the proceedings. The failure of a party to provide such information does not affect the validity of any judgment rendered if notice of trial or other matters was sent to the party's last known address of record.

Acts 1989, No. 284, §1.
La. Code Civ. Proc. art. 1974 — LA Code / Code code-of-civil-procedure / Article 1974
Delay for applying for new trial
Status: in_force

A party may file a motion for a new trial not later than seven days, exclusive of legal holidays, after the clerk has mailed or delivered in open court, or the sheriff has served, the notice of judgment as required by Article 1913.

Amended by Acts 1961, No. 23, §1; Acts 1974, No. 520, §1; Acts 1999, No. 1263, §1, eff. Jan. 1, 2000; Acts 2021, No. 259, §2; Acts 2025, No. 250, §3.
La. Code Civ. Proc. art. 9 — LA Code / Code code-of-civil-procedure / Article 9
Same; quasi in rem; attachment
Status: in_force

A court which is otherwise competent under the laws of this state has jurisdiction to render a money judgment against a nonresident if the action is commenced by an attachment of his property in this state. Unless the nonresident subjects himself personally to the jurisdiction of the court, the judgment may be executed only against the property attached.

Acts 1995, No. 1104, §1.