FrankGoortani/open-us-law huggingface dataset:
La. Code Crim. Proc. art. 29 — LA Code / Code code-of-criminal-procedure / Article 29
Peace bond hearing; costs
Status: in_force

A. When a defendant appears before the magistrate, a contradictory hearing to determine the validity of the complaint shall be held immediately either in chambers or in open court. If the magistrate determines that there is just cause to fear that the defendant is about to commit the threatened offense, he may order the defendant to give a peace bond. Otherwise, he shall discharge the defendant.

B. The applicant for a peace bond shall pay as advanced court costs a fee of fifteen dollars for each defendant summoned to a hearing. If the magistrate discharges the defendant, the costs shall be paid by the applicant. If the magistrate orders the defendant to give a peace bond, the costs shall be paid instead by the defendant. However, the court may assess those costs, or any part thereof, against any party, as it may consider equitable. An applicant for a peace bond who is seeking protection from domestic abuse, dating violence, stalking, or sexual assault shall not be required to prepay or be cast with court costs or cost of service or subpoena for the issuance of a peace bond.

C. Costs may be waived for an indigent applicant or defendant who complies with the provisions of Chapter 5 of Book IX of the Louisiana Code of Civil Procedure. 1 The proceeds derived from these costs shall be deposited and used by the court in accordance with the provisions of R.S. 13:1899(B).

Amended by Acts 1979, No. 445, §1; Acts 2003, No. 750, §2.

1 LSA-C.C.P. Art. 5181 et seq.
La. Ch. Code art. 658 — LA Code / Code childrens-code / Article 658
Dismissal of petition
Status: in_force

The court shall dismiss a petition on the motion of the petitioner.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2022, No. 176, §1.
La. Code Civ. Proc. art. 681 — LA Code / Code code-of-civil-procedure / Article 681
Real and actual interest required
Status: in_force

Except as otherwise provided by law, an action can be brought only by a person having a real and actual interest which he asserts.
La. Civ. Code art. 3192 — LA Code / Code civil-code / Article 3192
FUNERAL CHARGES
Status: in_force

Art. 3192. Funeral charges, definition.

Funeral charges are those which are incurred for the interment of a person deceased.
La. Ch. Code art. 697 — LA Code / Code childrens-code / Article 697
Intervention
Status: in_force

A. For good cause shown, the court or administrative review body may allow any interested person, agency, or organization to intervene in the case review proceedings to facilitate the permanent placement of the child and to insure that the best interests of the child are protected.

B. Upon motion of a party and for good cause shown, the court or administrative review body may limit the nature and extent of intervenor's participation in the case review hearing.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
La. Civ. Code art. 1626 — LA Code / Code civil-code / Article 1626
Defenses to disinherison
Status: in_force

A disinherison shall not be effective if the person who is disinherited shows that because of his age or mental capacity he was not capable of understanding the impropriety of his behavior or if he shows that the behavior was unintentional or justified under the circumstances. Proof of this defense must be by a preponderance of the evidence, but the unsupported testimony of the disinherited heir shall not be sufficient to establish this defense.

Acts 2001, No. 573, §1, eff. June 22, 2001.
La. Code Crim. Proc. art. 799.1 — LA Code / Code code-of-criminal-procedure / Article 799.1
Challenges; use of all available challenges
Status: in_force

Notwithstanding any other provision of law to the contrary, and specifically notwithstanding the provisions of Article 788, in the jury selection process, the state and the defendant may exercise all peremptory challenges available to each side, respectively, prior to the full complement of jurors being seated and before being sworn in by the court, and the state or the defendant may exercise any remaining peremptory challenge to one or more of the jurors previously accepted. No juror shall be sworn in until both parties agree on the jury composition or have exercised all challenges available to them, unless otherwise agreed to by the parties.

Acts 2006, No. 71, §1.
La. Civ. Code art. 257 — LA Code / Code civil-code / Article 257
Surviving parent's right of appointment.
Status: in_force

The right of appointing a tutor, whether a relation or a stranger, belongs exclusively to the father or mother dying last.

The right of appointing a tutor, whether a relation or a stranger, also belongs to a parent who has been named the curator for the other living spouse, when that other living spouse has been interdicted, subject only to the right of the interdicted parent to claim the tutorship should his incapacity be removed by a judgment of a court of competent jurisdiction.

This is called tutorship by will, because generally it is given by testament; but it may likewise be given by any declaration of the surviving father or mother, or the parent who is the curator of the other spouse, executed before a notary and two witnesses.

Amended by Acts 1974, No. 142, §1.
La. Ch. Code art. 1115 — LA Code / Code childrens-code / Article 1115
Authority generally; preplacement approval
Status: in_force

A. A surrender may be made to any person or agency qualified to petition for the adoption of the child.

B. Prior to the execution of a surrender for private adoption pursuant to Chapter 10 of Title XII, each prospective adoptive parent shall obtain preplacement approval as required by Chapter 2 of Title XII.

C. Either a certification for adoption or a court order approving the adoptive placement, completed or brought current within the previous twelve months, shall be provided to the attorney for the prospective adoptive parents for filing with the surrender.

Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 2003, No. 567, §1.
La. Civ. Code art. 1512 — LA Code / Code civil-code / Article 1512
Retention of fruits and products of donation by donee until demand for reduction
Status: in_force

The fruits and products of property donated inter vivos belong to the donee except for those that accrue after written demand for reduction is made on him.

Acts 1996, 1st Ex. Sess., No. 77, §1.
La. Code Civ. Proc. art. 3181 — LA Code / Code code-of-civil-procedure / Article 3181
Revocation of appointment or confirmation; extension of time to qualify
Status: in_force

If a person appointed or confirmed as succession representative fails to qualify for the office within ten days after his appointment or confirmation, on its own motion or on motion of any interested person, the court may revoke the appointment or confirmation, and appoint another qualified person to the office forthwith.

The delay allowed herein for qualification may be extended by the court for good cause shown.
La. Civ. Code art. 2004 — LA Code / Code civil-code / Article 2004
Clause that excludes or limits liability
Status: in_force

Any clause is null that, in advance, excludes or limits the liability of one party for intentional or gross fault that causes damage to the other party.

Any clause is null that, in advance, excludes or limits the liability of one party for causing physical injury to the other party.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 1526 — LA Code / Code civil-code / Article 1526
Onerous donation
Status: in_force

The rules peculiar to donations inter vivos do not apply to a donation that is burdened with an obligation imposed on the donee that results in a material advantage to the donor, unless at the time of the donation the cost of performing the obligation is less than two-thirds of the value of the thing donated.

Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
La. Code Civ. Proc. art. 1634 — LA Code / Code code-of-civil-procedure / Article 1634
Cross-examination of a party or person identified with a party
Status: in_force

A party or a person identified with a party may be called as a witness and examined by the adverse party in accordance with Louisiana Code of Evidence Articles 607 and 611.

Amended by Acts 1970, No. 406, §1; Acts 1988, No. 515, §2, eff. Jan 1, 1989.
La. Code Civ. Proc. art. 1112 — LA Code / Code code-of-civil-procedure / Article 1112
Defendant in reconvention may bring in third person
Status: in_force

The defendant in reconvention likewise may bring in his warrantor, or any person who is or may be liable to him for all or part of the reconventional demand, and the rules provided in Articles 1111, and 1113 through 1115 shall apply equally to such third party actions.
La. Civ. Code art. 3291 — LA Code / Code civil-code / Article 3291
Presumption that things are subject to conventional mortgage
Status: in_force

A conventional mortgage of a corporeal immovable, servitude of right of use, or lease, as the case may be, includes the things made susceptible of mortgage with them by Article 3286, unless the parties expressly agree to the contrary.

Acts 1991, No. 652, §1, eff. Jan. 1, 1992.
La. Code Crim. Proc. art. 411 — LA Code / Code code-of-criminal-procedure / Article 411
Drawing of grand jury venire; disposition of slips; jury box; subpoena of persons on grand jury venire
Status: in_force

A. Upon order of the court, the jury commission shall select by drawing indiscriminately and by lot from the general venire box the names of a sufficient number of not less than fifty persons from which to empanel a grand jury, with the number to be specified by the court in its order, who shall constitute the grand jury venire. Alternatively, the grand jury venire may be drawn with the use of a properly programmed electronic device. A grand jury venire shall not be drawn from a general venire containing fewer than three hundred names.

B. The slips containing the names of the persons so drawn shall be placed in an envelope which shall be sealed and the words "Grand Jury Venire" written thereon.

C. The sealed envelope shall be placed in a box labeled "Grand Jury Box", which shall be locked and sealed and placed in the custody of the clerk of court for use at the next term of court, subject to the orders of the district court, as hereinafter provided.

D.(1) The clerk shall prepare subpoenas directed to the persons on the grand jury venire, ordering their appearance in court on the date set by the court for the selection of the grand jury, and shall deliver the subpoenas to the sheriff for service.

(2) The sheriff, at the election of the district judges of the judicial district in which the parish lies, may serve such subpoenas by:

(a) Personal or domiciliary service, or by registered, certified, or regular mail addressed to the juror at his usual residence or business address.

(b) When the service is by mail, the date of mailing shall be not less than fifteen days prior to the date on which the addressee is subpoenaed to appear.

(c) When service is by registered or certified mail, the sheriff shall attach to his return the return receipt of delivery from the United States Post Office showing the disposition of the envelope bearing the summons to the juror.

(d) When service is by regular mail, the return shall show the date of mailing. In case of service by regular mail, prior to any contempt citation, the person shall be served by registered or certified mail with return receipt requested.

(3) The return, with the attached return receipt of delivery, when received by the clerk, shall form part of the record and shall be considered prima facie correct and shall constitute sufficient basis for an action to cite persons for contempt for failure to appear in response thereto.

Amended by Acts 1968, No. 141, §1; Acts 1970, No. 297, §1; Acts 1972, No. 755, §1; Acts 1977, No. 552, §1; Acts 1987, No. 281, §1; Acts 2001, No. 281, §1; Acts 2010, No. 347, §1.
La. Civ. Code art. 1247 — LA Code / Code civil-code / Article 1247
Share of partnership with ascendant.
Status: in_force

Also no collation is due for a partnership made without fraud with the deceased, if the conditions of the partnership are proved by an authentic act.
La. Civ. Code art. 793 — LA Code / Code civil-code / Article 793
Determination of ownership according to titles.
Status: in_force

When both parties rely on titles only, the boundary shall be fixed according to titles. When the parties trace their titles to a common author preference shall be given to the more ancient title.

Acts 1977, No. 169, §1.
La. Civ. Code art. 1615 — LA Code / Code civil-code / Article 1615
Contradictory provisions
Status: in_force

When a testament contains contradictory provisions, the one written last prevails. Nonetheless, when the testament contains a legacy of a collection or a group of objects and also a legacy of some or all of the same objects, the legacy of some or all of the objects prevails.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Ch. Code art. 1643 — LA Code / Code childrens-code / Article 1643
Authority to enter into agreements; approval of state treasurer
Status: in_force

NOTE: Art. 1643 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.

A. The officers and agencies of this state and its political subdivisions having authority to place children are hereby empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to Article 1629.

B. Any agreement which contains a financial commitment or imposes a financial obligation on this state or subdivision or agency thereof shall not be binding unless it has the approval in writing of the state treasurer in the case of the state and of the chief local fiscal officer in the case of a subdivision of the state.

Acts 2010, No. 893, §1.
La. Civ. Code art. 1995 — LA Code / Code civil-code / Article 1995
Measure of damages
Status: in_force

Damages are measured by the loss sustained by the obligee and the profit of which he has been deprived.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Ch. Code art. 424.7 — LA Code / Code childrens-code / Article 424.7
CASA; reports
Status: in_force

A. The CASA program shall submit reports to the court. Except as provided in Paragraph B, it shall distribute a copy of such reports, prior to or at the same time it is submitted to the court, to all counsel of record, any unrepresented party, and the department.

B. CASA reports may be subject to a protective order upon the request of the CASA volunteer, a party or party's attorney, or by the action of the judge.

Acts 1999, No. 275, §1, eff. July 1, 1999; Acts 2001, No. 567, §1.
La. Code Crim. Proc. art. 729.2 — LA Code / Code code-of-criminal-procedure / Article 729.2
Time, place and manner of discovery and inspection
Status: in_force

An order of the court granting relief under this Chapter shall specify the time, place, and manner of making the discovery and inspection and may prescribe such terms and conditions as are appropriate.

Added by Acts 1977, No. 515, §1.
La. Code Civ. Proc. art. 2087 — LA Code / Code code-of-civil-procedure / Article 2087
Delay for taking devolutive appeal
Status: in_force

A. Except as otherwise provided in this Article or by other law, an appeal which does not suspend the effect or the execution of an appealable order or judgment may be taken within sixty days of any of the following:

(1) The expiration of the delay for applying for a new trial or judgment notwithstanding the verdict, as provided by Article 1974 and Article 1811, if no application has been filed timely.

(2) The date of the mailing of notice of the court's refusal to grant a timely application for a new trial or judgment notwithstanding the verdict, as provided under Article 1914.

B. When a devolutive appeal has been taken timely, an appellee who seeks to have the judgment appealed from modified, revised, or reversed as to any party may take a devolutive appeal therefrom within the delays allowed in Paragraph A of this Article or within ten days of the mailing by the clerk of the notice of the first devolutive appeal in the case, whichever is later.

C. When one or more parties file motions for new trial or for judgment notwithstanding the verdict, the delay periods specified herein shall commence for all parties at the time they commence for the party whose motion is last to be acted upon by the trial court.

D. An order of appeal is premature if granted before the court disposes of all timely filed motions for new trial or judgment notwithstanding the verdict. The order becomes effective upon the denial of such motions.

E. The time within which to take a devolutive appeal under the provisions of this Article is interrupted for all parties upon the filing of a notice of removal in a district court of the United States, pursuant to the provisions of 28 U.S.C. 1446, and commences anew on the date the proceeding is remanded.

Amended by Acts 1962, No. 92, §1; Acts 1976, No. 201, §1; Acts 1977, No. 174, §1, eff. Jan. 1, 1978; Acts 1987, No. 695, §1; Acts 1995, No. 658, §1; Acts 1997, No. 609, §1; Acts 1997, No. 1056, §1.
La. Ch. Code art. 1199 — LA Code / Code childrens-code / Article 1199
Agency adoption; petition; contents; form
Status: in_force

A. The petition for an agency adoption shall be styled: "In re _________________, Applying for Agency Adoption." The petition or an attached exhibit shall state:

(1) The full name, address, age, occupation, and marital status of each petitioner.

(2) The name by which the child is known to petitioners as well as the name under which the birth of the child is recorded.

(3) The place and date of the birth of the child if known; if not known, then the approximate age of the child.

(4) If known, the name of every parent whose consent to the adoption is required pursuant to Article 1193(1) and (2) and proof of their consent, or the name of every parent and the reason such consent is not required.

(5) The diligent efforts made in accordance with Article 1135(B), if the alleged father of the child is unknown, which establish that his rights should be terminated in accordance with Article 1135(A).

(6) The date and circumstances under which the child entered the home of the petitioner.

(7) Any relationship existing between the petitioner and the child.

B. The petition shall be accompanied by a certified copy of any order terminating the rights of the child's parents.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993.
La. Code Crim. Proc. art. 885 — LA Code / Code code-of-criminal-procedure / Article 885
Release on payment of fine and costs
Status: in_force

A defendant who has been imprisoned for default in the payment of a fine, or fine and costs, under a sentence imposed pursuant to Article 884, may, at any time before expiration of the term of imprisonment, obtain his release by paying to his custodian all of the costs imposed and a sum of money that bears the same proportion to the imposed fine as the term of alternate imprisonment yet to run bears to the whole of such term of imprisonment.

Amended by Acts 1970, No. 293, §1.
La. Civ. Code art. 568 — LA Code / Code civil-code / Article 568
Disposition of nonconsumable things
Status: in_force

The usufructuary may not dispose of nonconsumable things unless the right to do so has been expressly granted to him. Nevertheless, he may dispose of corporeal movables that are gradually and substantially impaired by use, wear, or decay, such as equipment, appliances, and vehicles, provided that he acts as a prudent administrator.

The right to dispose of a nonconsumable thing includes the rights to lease, alienate, and encumber the thing. It does not include the right to alienate by donation inter vivos, unless that right is expressly granted.

Acts 1976, No. 103, §1; Acts 1986, No. 203, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.
La. Ch. Code art. 743 — LA Code / Code childrens-code / Article 743
Mandatory conference
Status: in_force

A. Except in emergencies or where the court determines it to be inappropriate, the court, its officer, or any person it designates shall convene a conference to be attended by the child, his parents or other legal custodian, and representatives of any public institution or agency having legal responsibility or discretionary ability to supply services to the family, which according to the petition are needed.

B. This conference may be held at any time before or after a petition is filed but shall be held before any appearance to answer is made.

Acts 1991, No. 235, §7.
La. Civ. Code art. 1729 — LA Code / Code civil-code / Article 1729
Necessity for partition to include all descendants.
Status: in_force

If the partition, whether inter vivos or by testament, be not made amongst all the children living at the time of the decease and the descendants of those predeceased, the partition shall be null and void for the whole; the child or descendant who had no part in it, may require a new partition in legal form.

Amended by Acts 1871, No. 87.
La. Code Civ. Proc. art. 688 — LA Code / Code code-of-civil-procedure / Article 688
Partnership
Status: in_force

A partnership has the procedural capacity to sue to enforce its rights in the partnership name, and appears through and is represented by an authorized partner.
La. Code Crim. Proc. art. 162.1 — LA Code / Code code-of-criminal-procedure / Article 162.1
Warrant issued upon oral testimony
Status: in_force

A. In addition to the provisions of Article 162, a search warrant may issue only upon probable cause established to the satisfaction of the judge by the sworn oral testimony of a credible person reciting facts establishing the cause for issuance of the warrant.

B. The sworn oral testimony may be communicated to the judge, and the oath may be administered by the judge, by telephone, radio, or such other electronic method of communication deemed appropriate by the judge. If the judge determines that the warrant should issue, he shall order the applicant to affix a facsimile of his signature to the warrant which the applicant has prepared and to note thereon the date and time of the determination. The sworn oral testimony, the contents of the warrant issued, the order to affix the signature facsimile, and the date and time of the determination shall be electronically recorded by the judge, who shall cause the recording to be transcribed and fixed in the record within seven days. The judge shall certify the accuracy of the transcription.

C. A search warrant shall particularly describe the person or place to be searched, the persons or things to be seized, and the lawful purpose or reason for the search or seizure.

D. The testimony may also be communicated to the judge by facsimile transmission signed by the applicant, after the administration of the oath by the judge by telephone, radio, or such other electronic method of communication deemed appropriate by the judge. The judge shall certify on the facsimile transmission the date and time of the administration of the oath. If the judge determines that the warrant should issue, he shall affix his signature to the warrant which the applicant has prepared and forwarded to him by facsimile transmission. The judge shall transmit to the applicant, by facsimile transmission, the warrant which he has executed together with the written testimony and certification of oath. The original application for the warrant with the applicant's signature and the facsimile copy with the original signature of the judge shall be preserved in the same manner as an original warrant signed by both the applicant and the judge.

Acts 1991, No. 84, §1; Acts 1999, No. 895, §1.