FrankGoortani/open-us-law huggingface dataset:
La. Code Crim. Proc. art. 905.2 — LA Code / Code code-of-criminal-procedure / Article 905.2
Sentencing hearing; procedure and evidence; jury instructions
Status: in_force

A. The sentencing hearing shall focus on the circumstances of the offense, the character and propensities of the offender, and the victim, and the impact that the crime has had on the victim, family members, friends, and associates. The victim or his family members, friends, and associates may decline the right to testify but, after testifying for the state, shall be subject to cross-examination. The hearing shall be conducted according to the rules of evidence. Evidence relative to aggravating or mitigating circumstances shall be relevant irrespective of whether the defendant places his character at issue. Insofar as applicable, the procedure shall be the same as that provided for trial in the Code of Criminal Procedure. The jury may consider any evidence offered at the trial on the issue of guilt. The defendant may testify in his own behalf. In the event of retrial, the defendant's testimony shall not be admissible except for the purposes of impeachment.

B. Notwithstanding any provision to the contrary, the court shall instruct the jury that under the provisions of the state constitution, the governor is empowered to grant a reprieve, pardon, or commutation of sentence following conviction of a crime, and the governor may, in exercising such authority, commute or modify a sentence of life imprisonment without benefit of parole to a lesser sentence including the possibility of parole, and may commute a sentence of death to a lesser sentence of life imprisonment without benefit of parole. The court shall also instruct the jury that under this authority the governor may allow the release of an offender either by reducing a life imprisonment or death sentence to the time already served by the offender or by granting the offender a pardon. The defense may argue or present evidence to the jury on the frequency and extent of use by the governor of his authority. The provisions of this Paragraph shall not be construed to require that members of the Board of Pardons attend sentencing hearings for capital cases.

Added by Acts 1976, No. 694, §1. Acts 1993, No. 436, §1; Acts 1994, 3rd Ex. Sess., No. 14, §1; Acts 1995, No. 551, §1; Acts 1999, No. 783, §3, eff. Jan. 1, 2000; Acts 2001, No. 280, §1; Acts 2012, No. 106, §1.
La. Code Civ. Proc. art. 3394 — LA Code / Code code-of-civil-procedure / Article 3394
Refusal or inability to accept funds; deposit in bank
Status: in_force

A. When an heir, legatee, or creditor is unwilling or unable to accept and receipt for the amount due him, on contradictory motion against the heir, legatee, or creditor the court may order that the succession representative deposit in a state or national bank or in the registry of the court to the credit of the person entitled thereto the amount due him.

B. A receipt showing the deposit shall be sufficient in the discharge of the succession representative to the same extent as though distribution to the person entitled thereto had been made.

Acts 1997, No. 1421, §3, eff. July 1, 1999.
La. Civ. Code art. 1768 — LA Code / Code civil-code / Article 1768
Expressed and implied conditions
Status: in_force

Conditions may be either expressed in a stipulation or implied by the law, the nature of the contract, or the intent of the parties.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Civ. Proc. art. 1003 — LA Code / Code code-of-civil-procedure / Article 1003
Form of answer
Status: in_force

The answer shall comply with Articles 853, 854, and 863 and, whenever applicable, with Articles 855 through 861. It shall admit or deny the allegations of the petition as required by Article 1004, state in short and concise terms the material facts upon which the defenses to the action asserted are based, and shall set forth all affirmative defenses as required by Article 1005. It shall also contain a prayer for the relief sought. Relief may be prayed for in the alternative.
La. Ch. Code art. 1522 — LA Code / Code childrens-code / Article 1522
Modification
Status: in_force

A. Except when the parties jointly desire to dismiss the proceedings and return custody of the child to the parents, modification or enforcement of a judgment transferring custody shall be upon motion of any party and by order of the court according to the provisions of this Chapter.

B. If the parties jointly desire to dismiss the proceedings and return the custody of the child to the parents, the court shall be notified. The court may render an ex parte dismissal of the proceedings, or it may order a hearing to be set for review of the proposed modification.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 2010, No. 266, §1.
La. Ch. Code art. 728 — LA Code / Code childrens-code / Article 728
Definitions
Status: in_force

As used in this Title:

(1) "Caretaker" means any person providing a residence for the child or any person legally obligated to provide or secure adequate care for the child, including a parent, tutor, guardian, or legal custodian.

(2) "Child" means a person under eighteen years of age who, prior to proceedings under this Title, has not been judicially emancipated or emancipated by marriage.

(3) "Runaway" means the continued absence of the child from the home of his caretaker without the caretaker's consent.

(3.1) Repealed by Acts 2004, No. 484, §3.

(4) "Sexually exploited child" means any person under the age of eighteen who has been subject to sexual exploitation because the person either:

(a) Is a victim of trafficking of children for sexual purposes under R.S. 14:46.3.

(b) Is a victim of child sex trafficking under 18 U.S.C. 1591.

(5) "Truant" means the repeated or habitual unauthorized absence or tardiness of a child from school pursuant to the provisions of R.S. 17:233 by a child who is subject to the compulsory attendance laws of this state.

(6) "Ungovernable" means the child's habitual disregard of the lawful and reasonable demands of his caretakers and that the child is beyond their control.

Acts 1991, No. 235, §7; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1999, No. 1313, §1; Acts 2004, No. 484, §3; Acts 2009, No. 305, §3; Acts 2013, No. 429, §3, eff. June 24, 2013; Acts 2017, No. 362, §1.
La. Ch. Code art. 1129 — LA Code / Code childrens-code / Article 1129
Proof of law
Status: in_force

A person asserting the validity of a surrender or consent executed in a foreign state shall produce sufficient proof of the laws of the foreign state governing the requirements for form and content and the force and effect accorded a properly executed act.

Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
La. Ch. Code art. 738 — LA Code / Code childrens-code / Article 738
Release from custody
Status: in_force

A. As soon as practicable after a child is received by a shelter care facility or a secure detention facility, the court or a probation officer employed and authorized by the court, upon determining it to be appropriate, shall release the child to the care of his parents or other relatives or caretakers upon their written promise to bring him to court at such times as may be fixed by the court and to comply with other orders of the court for the child's evaluation or treatment, if any. The court may also impose reasonable restrictions upon the child's travel, place of abode, association with other people, or employment during this period of release.

B. If the court finds that release under Paragraph A of this Article is inappropriate, it may authorize the continued custody of the child pending the holding of a continued custody hearing within the time limitations established in Article 739.

C. An appropriate representative of the agency that took the child into custody shall be responsible for transporting the child to the adjudication or disposition hearing, or both, and transporting the child back to the shelter care facility or secure detention facility as determined by the court through its order or judgment of disposition.

D. Repealed by Acts 2017, No. 362, §5.

Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1; Acts 2017, No. 362, §§1, 5.
La. Code Civ. Proc. art. 3137 — LA Code / Code code-of-civil-procedure / Article 3137
Descriptive list prima facie correct; amendment or traverse; reduction or increase of security
Status: in_force

The descriptive list of succession property authorized by Article 3136 shall be accepted as prima facie proof of all matters shown therein, unless amended or traversed successfully.

The court may amend the descriptive list at any time to correct errors therein, on ex parte motion of the person filing it. Any interested person may traverse the descriptive list at any time, on contradictory motion served on the person filing it. If a descriptive list is amended, or successfully traversed a copy of the amended or traversed descriptive list shall be filed with the Department of Revenue. The court may order the reduction or increase of the security required of a succession representative to conform to the corrected total value of the property of the succession.

Amended by Acts 1972, No. 326, §2, eff. Jan. 1, 1973.
La. Code Civ. Proc. art. 3283 — LA Code / Code code-of-civil-procedure / Article 3283
Who may file opposition
Status: in_force

An opposition to a proposed private sale of succession property may be filed only by an heir, legatee, or creditor.
La. Code Evid. art. 105 — LA Code / Code code-of-evidence / Article 105
Limited admissibility
Status: in_force

When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly. Failure to restrict the evidence and instruct the jury shall not constitute error absent a request to do so.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Ch. Code art. 1558 — LA Code / Code childrens-code / Article 1558
Revocation of declaration
Status: in_force

A. A declaration by a parent or guardian pursuant to Article 1557 may be revoked at any time by the declarant without regard to his or her mental state or competency by any of the following methods:

(1) By being cancelled, defaced, obliterated, burned, torn, or otherwise destroyed by the declarant or by some person in the presence of and at the direction of the declarant.

(2) By a written revocation of the declarant expressing the intent to revoke, signed and dated by the declarant.

(3) By an oral or nonverbal expression by the declarant of the intent to revoke the declaration.

B. Such revocation by any method enumerated in Paragraph A of this Article shall become effective upon communication to the attending physician.

C. The attending physician shall record in the child's medical records the time and date when notification of the revocation was received.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
La. Ch. Code art. 1120 — LA Code / Code childrens-code / Article 1120
Pre-surrender counseling; affidavit
Status: in_force

A. Prior to the execution of any surrender, a surrendering parent shall participate in a minimum of two counseling sessions relative to the surrender with a licensed social worker, licensed psychologist, medical psychologist, licensed psychiatrist, licensed counselor, or a counselor employed by a licensed child-placing agency.

B. The counselor shall execute an affidavit attesting that the surrendering parent attended a minimum of two sessions, and stating whether the surrendering parent appeared to understand the nature and consequences of his intended act. The affidavit of the counselor shall be attached to the act of surrender.

C. If, in the opinion of the counselor, there is any question concerning the parent's mental capacity to surrender, the basis for these concerns shall be stated in the affidavit. If indicated, the affidavit shall contain a specific recommendation for any further evaluation that may be needed to ascertain the parent's capacity.

D. If he is a major, any surrendering father of a child may waive the counseling otherwise mandated by Paragraph A of this Article. In this case, the attorney or counselor shall execute an affidavit attesting to the father's waiver and that he appeared to understand the nature and consequences of his intended act. The affidavit of the counselor or attorney shall be attached to the act of surrender.

Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1999, No. 1062, §3, eff. Jan. 1, 2000; Acts 2003, No. 567, §1; Acts 2009, No. 251, §13.
La. Civ. Code art. 24 — LA Code / Code civil-code / Article 24
Kinds of persons
Status: in_force

There are two kinds of persons: natural persons and juridical persons.

A natural person is a human being. A juridical person is an entity to which the law attributes personality, such as a corporation or a partnership. The personality of a juridical person is distinct from that of its members.

Acts 1987, No. 125, §1, eff. Jan. 1, 1988.
La. Code Crim. Proc. art. 3 — LA Code / Code code-of-criminal-procedure / Article 3
Procedures not otherwise specified
Status: in_force

Where no procedure is specifically prescribed by this Code or by statute, the court may proceed in a manner consistent with the spirit of the provisions of this Code and other applicable statutory and constitutional provisions.
La. Code Crim. Proc. art. 709 — LA Code / Code code-of-criminal-procedure / Article 709
Continuance based on absence of a witness
Status: in_force

A. A motion for a continuance based upon the absence of a witness shall state all of the following:

(1) Facts to which the absent witness is expected to testify, showing the materiality of the testimony and the necessity for the presence of the witness at the trial.

(2) Facts and circumstances showing a probability that the witness will be available at the time to which the trial is deferred.

(3) Facts showing due diligence used in an effort to procure attendance of the witness.

B. In addition to the requirements set forth in Paragraph A of this Article, when the motion for continuance is based upon the absence of a witness who is in the armed forces, the moving party, either the district attorney or the defense counsel, shall attest to facts showing that the absent witness is on active military duty in the United States Armed Forces.

Acts 2010, No. 744, §1, eff. June 29, 2010.
La. Ch. Code art. 1303.13 — LA Code / Code childrens-code / Article 1303.13
Costs and fees
Status: in_force

A. The petitioner may not be required to pay a filing fee or other costs.

B. If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or the responding state or foreign country, except as provided by other law. Attorney's fees may be taxed as costs and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs, and expenses.

C. The tribunal shall order the payment of costs and reasonable attorney's fees if it determines that a hearing was requested primarily for delay. In a proceeding under Section 6, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.

Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Civ. Code art. 1814 — LA Code / Code civil-code / Article 1814
Obligor's liability for damages
Status: in_force

When the choice belongs to the obligor, if all the items of performance contemplated in the alternative obligation have become impossible and the impossibility of one or more is due to the fault of the obligor, he is liable for the damages resulting from his failure to render the last item that became impossible.

If the impossibility of one or more items is due to the fault of the obligee, the obligor is not bound to deliver any of the items that remain.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Crim. Proc. art. 212 — LA Code / Code code-of-criminal-procedure / Article 212
Securing jurisdiction over corporation, partnership, or other unincorporated association
Status: in_force

A. When a corporation, or partnership, or other association of persons not incorporated, is charged with the commission of an offense, the court before which the case is to be tried shall issue a summons stating the offense charged and ordering the defendant to appear before the court at a time and place stated in the summons.

B. The summons is served in the same manner as the citation of a corporation, or partnership, or other association of persons not incorporated, in a civil action.

C. If the corporation, or partnership, or other association of persons not incorporated, fails to appear as ordered, a plea of not guilty shall be entered by the court. Without further process, the trial shall be held and the court shall proceed to judgment and sentence as though the defendant had appeared.
La. Civ. Code art. 1789 — LA Code / Code civil-code / Article 1789
Divisible and indivisible joint obligation
Status: in_force

When a joint obligation is divisible, each joint obligor is bound to perform, and each joint obligee is entitled to receive, only his portion.

When a joint obligation is indivisible, joint obligors or obligees are subject to the rules governing solidary obligors or solidary obligees.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 541 — LA Code / Code civil-code / Article 541
Divisibility of usufruct.
Status: in_force

Usufruct is susceptible to division, because its purpose is the enjoyment of advantages that are themselves divisible. It may be conferred on several persons in divided or undivided shares, and it may be partitioned among the usufructuaries.

Acts 1976, No. 103, §1.
La. Civ. Code art. 479 — LA Code / Code civil-code / Article 479
Necessity of a person.
Status: in_force

The right of ownership may exist only in favor of a natural person or a juridical person.

Acts 1979, No. 180, §1.
La. Ch. Code art. 1267 — LA Code / Code childrens-code / Article 1267
Burden of proof
Status: in_force

The grandparents requesting limited visitation rights shall prove both of the following:

(1) That they have been unreasonably denied visitation rights.

(2) That limited visitation rights would be in the best interest of the child.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2024, No. 92, §1.
La. Code Civ. Proc. art. 196.2 — LA Code / Code code-of-civil-procedure / Article 196.2
Power of supreme court to extend deadlines during emergencies
Status: in_force

In the event that the governor declares a state of emergency or disaster pursuant to R.S. 29:721 through 775, the Supreme Court of Louisiana, rather than the governor, may issue orders suspending or extending deadlines applicable to legal proceedings in courts, including periods of time applicable for abandonment of actions, in all or part of the state of Louisiana. A court order suspending or extending deadlines applicable to legal proceedings in courts shall have the effect of extending only those deadlines that would have otherwise accrued during the period of time specified in the order. After the period of suspension or extension has expired, a party shall have an amount of time as specified in the court order to file any pleading affected by the suspension or extension. If no amount of time is specified, a party shall have thirty days after the period of suspension or extension has expired.

Acts 2022, No. 469, §2.
La. Civ. Code art. 233 — LA Code / Code civil-code / Article 233
Delegation of parental authority
Status: in_force

Parents may delegate all or a part of their parental authority to others as provided by law.

Parents delegate a part of their parental authority to teachers and others to whom they entrust their child for his education, insofar as may be necessary.

Acts 2015, No. 260, §1, eff. Jan. 1, 2016.
La. Civ. Code art. 234 — LA Code / Code civil-code / Article 234
Parental authority; custody award
Status: in_force

Parental authority continues during marriage, unless modified by a judgment awarding custody to one parent, by a joint custody implementation order, or by a judgment awarding custody to a person other than a parent.

An ascendant, other than a parent, who is awarded custody has parental authority. The authority of a person who is awarded custody, other than a parent or an ascendant, is governed by the rules of tutorship, unless modified by court order.

Acts 2015, No. 260, §1, eff. Jan. 1, 2016; Acts 2025, No. 488, §1.
La. Ch. Code art. 1303.12 — LA Code / Code childrens-code / Article 1303.12
Nondisclosure of information in exceptional circumstances
Status: in_force

If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information shall be sealed and shall not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice.

Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Civ. Code art. 2760 — LA Code / Code civil-code / Article 2760
Destruction of work before delivery, contractor's right to payment of salary.
Status: in_force

In the case mentioned in the preceding article, if the thing be destroyed by accident, and not owing to any fault of the undertaker, before the same be delivered, and without the owner be [being] in default for not receiving it, the undertaker shall not be entitled to his salaries, unless the destruction be owing to the badness of the materials used in the building.
La. Code Civ. Proc. art. 4846 — LA Code / Code code-of-civil-procedure / Article 4846
Limitations upon jurisdiction; nature of proceedings
Status: in_force

In addition to the limitation by the amount in dispute as set forth above, the jurisdiction of parish courts and city courts is limited by the nature of the proceeding, as set forth in Article 4847.

Acts 1986, No. 156, §1.
La. Civ. Code art. 1940 — LA Code / Code civil-code / Article 1940
Acceptance only by completed performance
Status: in_force

When, according to usage or the nature of the contract, or its own terms, an offer made to a particular offeree can be accepted only by rendering a completed performance, the offeror cannot revoke the offer, once the offeree has begun to perform, for the reasonable time necessary to complete the performance. The offeree, however, is not bound to complete the performance he has begun.

The offeror's duty of performance is conditional on completion or tender of the requested performance.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Ch. Code art. 1285.9 — LA Code / Code childrens-code / Article 1285.9
Final decree at first hearing
Status: in_force

Upon due consideration of the factors enumerated in Article 1285.6(B), the court may render a final decree of adoption at the first hearing, without the necessity of first entering an interlocutory decree, if the child was placed in the petitioner's home by a licensed agency and the child has lived in that home for at least six months prior to the hearing for adoption.

Acts 2013, No. 86, §1.
La. Civ. Code art. 9 — LA Code / Code civil-code / Article 9
Clear and unambiguous law
Status: in_force

When a law is clear and unambiguous and its application does not lead to absurd consequences, the law shall be applied as written and no further interpretation may be made in search of the intent of the legislature.

Acts 1987, No. 124, §1, eff. Jan. 1, 1988.