FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 616 — LA Code / Code code-of-civil-procedure / Article 616
Shareholder's derivative action when not impracticable to join all shareholders, partners, or members
Status: in_force

A. When it is not impracticable for all of the shareholders, partners, or members of a corporation or unincorporated association to join or to be joined as parties to a derivative action to enforce a right of the corporation or unincorporated association which it refuses to enforce, such action shall not be maintained as a class action. Instead, all of the shareholders, partners, or members who refuse or fail to join as plaintiffs in such an action shall be joined as defendants.

B. Derivative actions governed by this Article shall be subject to Articles 614 and 615.

Acts 1997, No. 839, §1, eff. July 1, 1997.
La. Code Civ. Proc. art. 2821 — LA Code / Code code-of-civil-procedure / Article 2821
Evidence of jurisdiction, death, and relationship
Status: in_force

The deceased's domicile at the time of his death, his ownership of property in this state, and all other facts necessary to establish the jurisdiction of the court may be evidenced by affidavits.

The deceased's death, his marriage, and all other facts necessary to establish the relationship of his heirs may be evidenced either by official certificates issued by the proper public officer, or by affidavits.
La. Civ. Code art. 3016 — LA Code / Code civil-code / Article 3016
Disclosed mandate and principal
Status: in_force

A mandatary who contracts in the name of the principal within the limits of his authority does not bind himself personally for the performance of the contract.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
La. Ch. Code art. 1279.6 — LA Code / Code childrens-code / Article 1279.6
Educational opportunities and assistance
Status: in_force

A.(1) A child who is in foster care pursuant to placement through the department shall be allowed to remain enrolled in the public school in which the child was enrolled at the time he entered foster care for the duration of the child's stay in the custody of the state or until he completes the highest grade offered at the school, if the department determines that remaining in such school is in the best interest of the child. Transportation of the child shall be provided pursuant to R.S. 17:238(C).

(2) A child in the custody of the department shall be eligible to attend a school in the school district or parish of the foster care placement.

(3) A child in the custody of the department shall be given preference in enrollment in the same manner as children receiving preference in R.S. 17:3991(C)(1)(c)(iii) for enrollment to attend a charter school that has been established pursuant to R.S. 17:3983.

B. When a child is in the custody of the department and is placed with foster parents who have other children living in the home who already attend a nonpublic or parochial school, the foster child may attend the same nonpublic or parochial school if the department finds it is in the best interest of the child, and if the child meets the admission requirements of the nonpublic or parochial school. The department shall not be directly responsible for paying for the expenses associated with such education.

C. When a child is in the custody of the department and is placed with foster parents who have other children in the home who are participants in an approved home study program, pursuant to R.S. 17:236.1, the department may approve the placement of the foster child in an approved home study program if the department finds it is in the best interest of the child. Home study programs approved by the Department of Education to educate foster children shall offer a sustained curriculum of quality at least equal to that offered by public schools at the same grade level, pursuant to R.S. 17:236.1(C)(1). Notwithstanding any other provision of law to the contrary, the Department of Education shall provide the department, upon request, verification that a home study program in which a foster child is participating has been approved pursuant to R.S. 17:236. The foster parent shall provide the department appropriate documentation, including but not limited to copies of standardized tests, to substantiate that the child is progressing on grade level and at a rate equal to one grade level for each year in the program.

Acts 2013, No. 66, §1, eff. May 31, 2013.
La. Civ. Code art. 1848 — LA Code / Code civil-code / Article 1848
Testimonial or other evidence not admitted to disprove a writing
Status: in_force

Testimonial or other evidence may not be admitted to negate or vary the contents of an authentic act or an act under private signature. Nevertheless, in the interest of justice, that evidence may be admitted to prove such circumstances as a vice of consent or to prove that the written act was modified by a subsequent and valid oral agreement.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985; Acts 2012, No. 277, §1.
La. Ch. Code art. 1133 — LA Code / Code childrens-code / Article 1133
Notice of filing of surrender; service upon resident alleged or adjudicated father
Status: in_force

A. Notice of the filing of a mother's surrender shall be promptly served upon the alleged or adjudicated father. Notice of the filing shall not be required if an alleged or adjudicated father waives notice of service. If he resides within this state, service shall be made by any of the following means:

(1) Registered or certified mail, return receipt requested, postage prepaid and properly addressed to his last known address.

(2) Electronic mail at the electronic mail address expressly designated by the father in a pleading, at the continued custody or continued safety plan hearing, or at any other hearing at which he personally appeared before the court.

B. Service by electronic mail is complete upon transmission but is not effective if the serving party learns the transmission did not reach the party to be served.

Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2015, No. 124, §1, eff. June 19, 2015.
La. Civ. Code art. 280 — LA Code / Code civil-code / Article 280
Termination of undertutorship.
Status: in_force

The duties of the undertutor are at an end at the same time with the tutorship.
La. Code Crim. Proc. art. 612 — LA Code / Code code-of-criminal-procedure / Article 612
Offenses on railway trains, vessels, aircraft, or other vehicles
Status: in_force

If an offense is committed on a train, vessel, aircraft, or other public or private vehicle while in transit in this state and the exact place of the offense in this state cannot be established, the offense is deemed to have been committed in any parish through or over which the train, vessel, aircraft, or other vehicle passed, and in which the crime could have been committed.
La. Code Crim. Proc. art. 764 — LA Code / Code code-of-criminal-procedure / Article 764
Exclusion of witnesses
Status: in_force

The exclusion of witnesses is governed by Louisiana Code of Evidence Article 615.

Acts 1986, No. 968, §1; Acts 1988, No. 515, §3, eff. Jan. 1, 1989.

{{NOTE: SEE ACTS 1988, NO. 515, §12.}}
La. Code Civ. Proc. art. 2453 — LA Code / Code code-of-civil-procedure / Article 2453
Motion; order; service
Status: in_force

On ex parte written motion of the judgment creditor, personally or through his attorney, the court shall order the judgment debtor to appear in court for examination at a time fixed by the court, not less than five days from the date of service of the motion and order on the judgment debtor or his counsel of record, and to produce any books, papers, and other documents relating to the judgment debtor's property described in the motion.

Acts 2006, No. 12, §1.
La. Code Civ. Proc. art. 4394 — LA Code / Code code-of-civil-procedure / Article 4394
Service of account
Status: in_force

A copy of an account filed by a tutor, together with a notice that the account can be homologated after the expiration of ten days from the date of service and that any opposition must be filed before homologation, shall be served in the manner provided for service of citation:

(1) Upon the undertutor, if an annual account or other interim account is ordered by the court;

(2) Upon the former minor, if a final account is rendered after expiration of the tutorship; or

(3) Upon the successor tutor, if a final account is rendered after removal, resignation, death, or interdiction of a tutor.
La. Code Crim. Proc. art. 332 — LA Code / Code code-of-criminal-procedure / Article 332
Court order for arrest of defendant
Status: in_force

The court in which the defendant is held to answer may issue a warrant for the arrest and commitment of the defendant who is at large on bail when any of the following are true:

(1) There has been a breach of the bail undertaking.

(2) It appears that a surety has become insufficient, is dead, cannot be found, or has ceased to meet the qualifications of law or does not own adequate immovable property within the state.

(3) The court is satisfied that the bail should be increased or new or additional security required.

Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 1997, No. 1305, §1;Acts 1997, No. 1498, §1, eff. Nov. 5, 1998; Acts 2010, No. 914, §1; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
La. Ch. Code art. 612.1 — LA Code / Code childrens-code / Article 612.1
Institutional abuse; corrective measures
Status: in_force

A. Upon a finding of institutional abuse or neglect, resulting from a single act or occurrence, the department shall require that the owner, operator, or administrator of the facility formulate a plan of remedial action. Within thirty days of the department's request, the owner, operator, or administrator shall notify the agency in writing of a plan of remedial action. Within ninety days of the request, the owner, operator, or administrator shall fully implement the plan for remedial action, unless otherwise agreed to by the department.

B. Upon a finding of institutional abuse or neglect resulting from several incidents that have occurred at the facility, within seven days of the finding, the department shall require that the owner, operator, or administrator of the facility make appropriate administrative, personnel, or structural changes at the facility. Within thirty days of such request, the owner, operator, or administrator of the facility shall notify the department of the progress in complying with the requirement. The department and the owner, operator, or administrator shall establish a reasonable period in which the requested changes shall be completed.

C. If an owner, operator, or administrator of a facility does not formulate or implement a plan for remedial action or make requested changes, the department shall recommend to the entity that licenses, oversees, certifies, or authorizes the operation of the facility, that appropriate sanctions or actions be imposed against the facility.

D. If there is reasonable cause to believe that a teacher, employee, volunteer, or other staff person has committed an act of child abuse or neglect, he shall be temporarily removed from his position at the institution or reassigned to other duties in which he will not have contact with the child victim or other children.

E. In accordance with the Administrative Procedure Act, the department shall adopt rules setting forth the procedures for the investigation and reporting of institutional abuse. Such rules may provide for the investigation to be conducted by an agency that contracts with the state whose staff is trained to conduct such investigations. The procedures may include the use of review teams to make recommendations to the department concerning the procedures for investigating institutional abuse or neglect.

Acts 2003, No. 567, §1, eff. upon allocation of adequate funding and subject to the approval of the Joint Legislative Committee on the Budget.
La. Civ. Code art. 1854 — LA Code / Code civil-code / Article 1854
Extinction by performance
Status: in_force

Performance by the obligor extinguishes the obligation.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 1513 — LA Code / Code civil-code / Article 1513
Reduction in kind when property is owned by the donee or successors by gratuitous title; effects of alienation by donee
Status: in_force

The action for reduction of excessive donations may be brought only against the donee or his successors by gratuitous title in accordance with the order of their donations, beginning with the most recent donation. When the donated property is still owned by the donee or the successors, reduction takes place in kind or by contribution to the payment of the legitime, at the election of the donee or the successors, who are accountable for any diminution in the value of the property attributable to their fault or neglect and for any charges or encumbrances imposed upon the property after the donation.

When the property given is no longer owned by the donee or his successors by gratuitous title, the donee and the successors must contribute to the payment of the legitime. A donee or his successor who contributes to payment of the legitime is required to do so only to the extent of the value of the donated property at the time the donee received it.

Acts 1996, 1st Ex. Sess., No. 77, §1.
La. Code Civ. Proc. art. 2771 — LA Code / Code code-of-civil-procedure / Article 2771
When deficiency judgment obtainable
Status: in_force

Unless otherwise provided by law, the creditor may obtain a judgment against the debtor for any deficiency due on the debt after the distribution of the proceeds of the judicial sale only if the property has been sold under the executory proceeding after appraisal in accordance with the provisions of Article 2723.

Acts 1989, No. 137, §18, eff. Sept. 1, 1989.
La. Code Civ. Proc. art. 3661 — LA Code / Code code-of-civil-procedure / Article 3661
Same; title not at issue; limited admissibility of evidence of title
Status: in_force

A. In the possessory action, the ownership or title of the parties to the immovable property or real right therein is not at issue.

B. No evidence of ownership or title to the immovable property or real right therein shall be admitted except to prove any of the following:

(1) The possession thereof by a party as owner.

(2) The extent of the possession thereof by a party and his ancestors in title.

(3) The length of time in which a party and his ancestors in title have had possession thereof.

Amended by Acts 1981, No. 256, §1; Acts 2023, No. 421, §2.
La. Civ. Code art. 1299 — LA Code / Code civil-code / Article 1299
Perpetual prohibition against partition by donor.
Status: in_force

A donor or testator can not order that the effects given or bequeathed by him to two or more persons in common, shall never be divided, and such a prohibition would be considered as if it were not made.
La. Code Civ. Proc. art. 4550 — LA Code / Code code-of-civil-procedure / Article 4550
Costs and attorney fees
Status: in_force

The court may render judgment for costs and attorney fees, or any part thereof, against any party, as the court may consider fair. However, no attorney fees shall be awarded to a petitioner when judgment is granted against the petitioner or the petition is dismissed on the merits.

Amended by Acts 1981, No. 304, §1; Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001.
La. Civ. Code art. 2451 — LA Code / Code civil-code / Article 2451
Sale of a hope
Status: in_force

A hope may be the object of a contract of sale. Thus, a fisherman may sell a haul of his net before he throws it. In that case the buyer is entitled to whatever is caught in the net, according to the parties' expectations, and even if nothing is caught the sale is valid.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Ch. Code art. 1112 — LA Code / Code childrens-code / Article 1112
Inability due to court intervention
Status: in_force

A. Except as provided herein, a parent may not execute a private surrender once custody of that child has been removed from the parent by order of a juvenile court and the child has been placed in the legal custody of any person or agency or if the child is the subject of a pending termination of parental rights proceeding.

B. Upon notice to the department and after a contradictory hearing, if requested by the department, a parent may, with approval of the court, execute a private surrender of a child in the legal custody of the department to the foster parent with whom the child was placed by the department.

Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
La. Code Civ. Proc. art. 2342 — LA Code / Code code-of-civil-procedure / Article 2342
Act of sale by sheriff
Status: in_force

Within fifteen days after the adjudication, the sheriff shall pass an act of sale to the purchaser, in the manner and form provided by law.

The act of sale adds nothing to the force and effect of the adjudication, but is only intended to afford proof of it.

Acts 1986, No. 992, §1.
La. Ch. Code art. 924 — LA Code / Code childrens-code / Article 924
Fees
Status: in_force

A. No court costs or fees shall be allowed against any party to a proceeding for an expungement and sealing.

B. The court may waive all or any part of any other fees or costs associated with the expungement and sealing and shall waive those fees and costs upon finding that the applicant is indigent.

C. Notwithstanding any provision of law to the contrary, a child who has successfully completed a juvenile drug court program operated by a court of this state shall be exempt from payment of any processing or filing fees or other costs associated with the expungement and sealing of his related juvenile records and reports.

Acts 2017, No. 362, §1.
La. Code Civ. Proc. art. 3722 — LA Code / Code code-of-civil-procedure / Article 3722
Enforcement by ordinary proceeding
Status: in_force

When the mortgagee enforces a conventional mortgage by an ordinary proceeding, he must first obtain a judgment against the mortgagor and then execute the judgment. If it is not possible to obtain a personal judgment against the mortgagor, then the judgment shall be in rem.

Acts 2003, No. 1072, §1.
La. Civ. Code art. 3206 — LA Code / Code civil-code / Article 3206
Prescription of action; extent of privilege.
Status: in_force

Domestics or servants must make a demand of their wages within a year from the time when they left service, but their privilege is only for the year past, and so much as is due for the present year.
La. Ch. Code art. 693 — LA Code / Code childrens-code / Article 693
Notice
Status: in_force

Written notice of the date, time, and place of the case review hearing shall be served and a return made in the same manner as a petition on all parties and counsel of record at least fifteen days prior to the hearing, unless the parties have been previously notified in open court at a prior hearing.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
La. Code Crim. Proc. art. 298 — LA Code / Code code-of-criminal-procedure / Article 298
Effect of informality in proceedings
Status: in_force

A person ordered held in custody following a preliminary examination shall not be discharged on a writ of habeas corpus or by other process because of any informality or error in the commitment or the proceedings prior thereto that does not substantially prejudice him. No preliminary examination shall be held invalid for any purpose because of an informality or error that does not substantially prejudice the defendant.
La. Civ. Code art. 1890 — LA Code / Code civil-code / Article 1890
Remission effective when communication is received by the obligor
Status: in_force

A remission of debt is effective when the obligor receives the communication from the obligee. Acceptance of a remission is always presumed unless the obligor rejects the remission within a reasonable time.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 674 — LA Code / Code civil-code / Article 674
Contribution by neighbor.
Status: in_force

The wall thus raised becomes common if the neighbor is willing to contribute one-half of its cost. If the neighbor refuses to contribute, he preserves the right to make the wall common in whole or in part, at any time, by paying to the owner one-half of the current value of the wall, or of the part that he wishes to make common.

Acts 1977, No. 514, §1.
La. Ch. Code art. 635 — LA Code / Code childrens-code / Article 635
Amendment of petition
Status: in_force

A. The petitioner may amend the petition at any time to cure defects of form, imperfection, omission, or uncertainty.

B. Prior to the adjudication hearing, the petitioner may amend the petition to include new allegations of fact or requests for adjudication.

C. On motion of the child or parent that he has been prejudiced in his defense on the merits by defect of form, imperfection, omission, or uncertainty, the court may grant a continuance for a reasonable time. In determining whether the child or parent has been prejudiced in his defense upon the merits, the court shall consider all circumstances of the case and the entire course of the proceedings.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2021, No. 270, §1.
La. Code Crim. Proc. art. 592 — LA Code / Code code-of-criminal-procedure / Article 592
When jeopardy begins
Status: in_force

When a defendant pleads not guilty and is tried by jury, jeopardy begins when the jury panel is sworn pursuant to Article 790. When a defendant pleads not guilty, and is tried without a jury, jeopardy begins when the first witness is sworn at the trial on the merits. When a defendant pleads guilty, jeopardy begins when a valid sentence is imposed.

Acts 1990, No. 525, §1.
La. Ch. Code art. 843 — LA Code / Code childrens-code / Article 843
Time for filing of petition; child in custody
Status: in_force

A. If a child is continued in custody prior to adjudication, the delinquency petition shall be filed within forty-eight hours of the hearing to determine continued custody.

B. If no petition is filed within the applicable time period, the child shall be released.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Ch. Code art. 952 — LA Code / Code childrens-code / Article 952
General applicability
Status: in_force

Except as otherwise specified in this Title, all provisions of the Children's Code remain applicable.

Acts 1991, No. 235, §9, eff. Jan. 1, 1992.
La. Civ. Code art. 2315.6 — LA Code / Code civil-code / Article 2315.6
Liability for damages caused by injury to another
Status: in_force

A. The following persons who view an event causing injury to another person, or who come upon the scene of the event soon thereafter, may recover damages for mental anguish or emotional distress that they suffer as a result of the other person's injury:

(1) The spouse, child or children, and grandchild or grandchildren of the injured person, or either the spouse, the child or children, or the grandchild or grandchildren of the injured person.

(2) The father and mother of the injured person, or either of them.

(3) The brothers and sisters of the injured person or any of them.

(4) The grandfather and grandmother of the injured person, or either of them.

B. To recover for mental anguish or emotional distress under this Article, the injured person must suffer such harm that one can reasonably expect a person in the claimant's position to suffer serious mental anguish or emotional distress from the experience, and the claimant's mental anguish or emotional distress must be severe, debilitating, and foreseeable.

Damages suffered as a result of mental anguish or emotional distress for injury to another shall be recovered only in accordance with this Article.

Acts 1991, No. 782, §1.