FrankGoortani/open-us-law huggingface dataset:
La. Code Crim. Proc. art. 775 — LA Code / Code code-of-criminal-procedure / Article 775
Mistrial; grounds for
Status: in_force

A mistrial may be ordered, and in a jury case the jury dismissed, when:

(1) The defendant consents thereto;

(2) The jury is unable to agree upon a verdict;

(3) There is a legal defect in the proceedings which would make any judgment entered upon a verdict reversible as a matter of law;

(4) The court finds that the defendant does not have the mental capacity to proceed;

(5) It is physically impossible to proceed with the trial in conformity with law; or

(6) False statements of a juror on voir dire prevent a fair trial.

Upon motion of a defendant, a mistrial shall be ordered, and in a jury case the jury dismissed, when prejudicial conduct in or outside the courtroom makes it impossible for the defendant to obtain a fair trial, or when authorized by Article 770 or 771.

A mistrial shall be ordered, and in a jury case the jury dismissed, when the state and the defendant jointly move for a mistrial.
La. Code Civ. Proc. art. 1430 — LA Code / Code code-of-civil-procedure / Article 1430
Notice and service of petition; perpetuation of testimony
Status: in_force

The petitioner shall thereafter serve a notice upon each person named in the petition as an expected adverse party, together with a copy of the petition, stating that the petitioner will apply to the court, at a time and place named therein, for the order described in the petition. At least twenty days before the date of hearing the notice shall be served as provided in Article 1314; but if such service cannot with due diligence be made upon any expected adverse party named in the petition, the court may make such order as is just for service by publication or otherwise, and shall appoint, for persons not served in the manner provided in Article 1314, an attorney who shall represent them, and, in case they are not otherwise represented, shall cross examine the deponent. If any expected adverse party is a minor or incompetent the court shall appoint an attorney to represent him.

Acts 1976, No. 574, §1.
La. Civ. Code art. 1254 — LA Code / Code civil-code / Article 1254
Movables or immovables.
Status: in_force

In the execution of the collation it must first be considered whether the things subject to it are movables or immovables.
La. Civ. Code art. 1906 — LA Code / Code civil-code / Article 1906
Definition of contract
Status: in_force

A contract is an agreement by two or more parties whereby obligations are created, modified, or extinguished.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 2332 — LA Code / Code civil-code / Article 2332
Effect toward third persons.
Status: in_force

A matrimonial agreement, or a judgment establishing a regime of separation of property is effective toward third persons as to immovable property, when filed for registry in the conveyance records of the parish in which the property is situated and as to movables when filed for registry in the parish or parishes in which the spouses are domiciled.

Acts 1979, No. 709, §1.
La. Code Civ. Proc. art. 3509 — LA Code / Code code-of-civil-procedure / Article 3509
Release of property by third person
Status: in_force

When property seized under a writ of attachment or of sequestration is in the possession of one not a party to the action, he may intervene in the action and, upon prima facie showing that he is the owner, pledgee, or consignee of the property, have the property released by furnishing security in the manner and amount, within the same delay, and with the same effect as a defendant.
La. Code Civ. Proc. art. 3197 — LA Code / Code code-of-civil-procedure / Article 3197
Duty to close succession
Status: in_force

It shall be the duty of a succession representative to close the succession as soon as advisable.
La. Civ. Code art. 3205 — LA Code / Code civil-code / Article 3205
THE WAGES OF SERVANTS
Status: in_force

Art. 3205. Servants, definition.

Servants or domestics are those who receive wages, and stay in the house of the person paying and employing them for his* service or that of his family; such are valets, footmen, cooks, butlers, and others who reside in the house.

*English translation of French text incomplete; should include "personal."
La. Code Crim. Proc. art. 898 — LA Code / Code code-of-criminal-procedure / Article 898
Satisfaction of suspended sentence and probation
Status: in_force

Upon completion of the period of suspension of sentence or probation, or an earlier discharge of the defendant pursuant to Article 897, the defendant shall have satisfied the sentence imposed. Where part of a sentence is suspended, this provision shall not apply until the unsuspended part has been satisfied.
La. Civ. Code art. 526 — LA Code / Code civil-code / Article 526
Recognition of ownership; recovery of the thing.
Status: in_force

The owner of a thing is entitled to recover it from anyone who possesses or detains it without right and to obtain judgment recognizing his ownership and ordering delivery of the thing to him.

Acts 1979, No. 180, §1.
La. Code Civ. Proc. art. 691 — LA Code / Code code-of-civil-procedure / Article 691
Foreign corporation; foreign limited liability company; foreign or alien insurance corporation
Status: in_force

Except as otherwise provided in Articles 692 and 693, a foreign corporation, a foreign or alien insurer, and a foreign limited liability company has the procedural capacity to sue to enforce its rights in the corporate or company name.

Acts 1999, No. 145, §2.
La. Ch. Code art. 403 — LA Code / Code childrens-code / Article 403
Sessions of court
Status: in_force

A. When a court is exercising its juvenile jurisdiction it may sit in chambers and hold its sessions irrespective of regular terms of court.

B. Juvenile courts shall be in continuous session, provided that the judges of said courts shall be entitled to a vacation as provided by existing laws.

Acts 1991, No. 235, §4, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 965 — LA Code / Code code-of-civil-procedure / Article 965
Motion for judgment on pleadings
Status: in_force

Any party may move for judgment on the pleadings after the answer is filed, or if an incidental demand has been instituted after the answer thereto has been filed, but within such time as not to delay the trial. For the purposes of this motion, all allegations of fact in mover's pleadings not denied by the adverse party or by effect of law, and all allegations of fact in the adverse party's pleadings shall be considered true.
La. Civ. Code art. 2330 — LA Code / Code civil-code / Article 2330
Limits of contractual freedom.
Status: in_force

Spouses may not by agreement before or during marriage, renounce or alter the marital portion or the established order of succession. Nor may the spouses limit with respect to third persons the right that one spouse alone has under the legal regime to obligate the community or to alienate, encumber, or lease community property.

Acts 1979, No. 709, §1.
La. Code Civ. Proc. art. 2675 — LA Code / Code code-of-civil-procedure / Article 2675
Case falling within application of two or more articles; plaintiff may bring proceeding under any applicable article
Status: in_force

If a case falls within the provisions of two or more of Articles 2671 through 2674, the plaintiff may bring the executory proceeding under any applicable article.
La. Civ. Code art. 1981 — LA Code / Code civil-code / Article 1981
Rights of beneficiary and stipulator
Status: in_force

The stipulation gives the third-party beneficiary the right to demand performance from the promisor.

Also the stipulator, for the benefit of the third-party beneficiary, may demand performance from the promisor.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985; Acts 2025, No. 488, §1.
La. Code Crim. Proc. art. 812 — LA Code / Code code-of-criminal-procedure / Article 812
Same; polling and disposition of jury
Status: in_force

A. In all cases, the court shall order the clerk to poll the jury if requested by the state or the defendant. The poll shall be conducted in writing by applying the procedures of Paragraph B of this Article and shall be done in open court.

B.(1) In cases in which a verdict was reached, the procedure for the written polling of the jury shall require that the clerk hand to each juror a separate piece of paper containing the name of the juror and the words "Is this your verdict?" Each juror shall write on the slip of paper the words "Yes" or "No" along with his signature. The clerk shall collect the slips of paper, make them available for inspection by the court and counsel, and record the results.

(2) If a sufficient number of jurors as required by law to reach a verdict answer "yes" the clerk shall so inform the court. Upon verification of the results, the court shall order the clerk to record the verdict and order the jury discharged. If an insufficient number required to find a verdict answer "Yes," the court may remand the jury for further deliberation, or the court may declare a mistrial in accordance with Article 775. The polling slips may be placed under seal upon order of the court, which shall state the specific reasons for placing the polling slips under seal. If so ordered the polling slips shall not be released to the public without a subsequent order of the court authorizing their release. If the court orders the release of the polling slips, the names of the jurors shall be redacted.

C. In cases for which no verdict could be reached and a mistrial has been declared under Article 775(2), the court shall order the clerk to poll the jury if requested by the state or the defendant. The poll shall be conducted in writing by applying the procedures of Paragraph D of this Article and shall be done in open court.

D. The procedure for the written polling of the jury shall require that the clerk hand to each juror a separate piece of paper containing the name of the juror and the words "What was your verdict?". Each juror shall write on the slip of paper the words "guilty" or "not guilty" or "guilty of a lesser offense" along with his signature. The clerk shall collect the slips of paper, make them available for inspection by the court and counsel, and record the results. The polling slips may be placed under seal upon order of the court, which shall state the specific reasons for placing the polling slips under seal. If so ordered, the polling slips shall not be released to the public without a subsequent order of the court authorizing their release. If the court orders the release of the polling slips, the names of the jurors shall be redacted.

Amended by Acts 1975, No. 475, §1; Acts 2018, No. 335, §1; Acts 2025, No. 76, §1.
La. Civ. Code art. 3046 — LA Code / Code civil-code / Article 3046
Defenses available to surety
Status: in_force

The surety may assert against the creditor any defense to the principal obligation that the principal obligor could assert except lack of capacity or discharge in bankruptcy of the principal obligor.

Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
La. Ch. Code art. 1025.1 — LA Code / Code childrens-code / Article 1025.1
Appearance to answer petition
Status: in_force

A. The court shall require the parent to appear in person to answer the petition within fifteen days after the filing of the petition.

B. The court may also permit the parent to consent to judgment in accordance with Article 1025.2 or execute a surrender for adoption in accordance with Article 1122.

C. At the appearance the court may either convene immediately the pre-hearing conference required by Article 1025.4 or set a date for the conference.

Acts 1997, No. 256, §1.
La. Civ. Code art. 308 — LA Code / Code civil-code / Article 308
Duty to apply for appointment.
Status: in_force

In every case where it is necessary to appoint a tutor to a minor, all those of his relations who reside within the parish of the judge, who is to appoint him, are bound to apply to such judge, in order that a tutor be appointed to the minor at farthest within ten days after the event which make [makes] such appointment necessary.
La. Ch. Code art. 793.3 — LA Code / Code childrens-code / Article 793.3
Reporting; funding; implementation; termination
Status: in_force

A. No later than June fifteenth of each year, the district attorney shall report statistical data indicating the effectiveness of the program to the appropriate standing committees of the legislature for use by the committees in consideration of expansion of the program.

B. The program shall be implemented with fidelity to the Sixteenth Judicial District prosecutor's Early Intervention Program model, in three phases as follows:

(1) Phase one shall be implemented in grades pre-kindergarten through six.

(2) Phase two shall be implemented in grades seven and eight.

(3) Phase three shall be implemented in grades nine through twelve.

C. All children who enroll in a public school within the Sixteenth Judicial District or the Nineteenth Judicial District in grades pre-kindergarten to sixth shall be required to follow all compulsory attendance requirements in R.S. 17:221 et seq. and all families in need of services provisions in Children's Code Article 726 et seq.

D. The implementation of this program may be subject to appropriation of funds by the legislature for such purpose.

E. Repealed by Acts 2009, No. 132, §2, eff. June 25, 2009.

Acts 2004, No. 852, §1, eff. July 12, 2004; Acts 2009, No. 132, §§1, 2, eff. June 25, 2009; Acts 2014, No. 479, §1; Acts 2015, No. 203, §1.
La. Ch. Code art. 920 — LA Code / Code childrens-code / Article 920
Order of expungement and sealing; court records
Status: in_force

A. An order for the expungement and sealing of juvenile court records and reports shall be in the form provided in Article 925 and, except as otherwise provided by law, shall require that the clerk of court expunge and seal all records and reports relating to the conduct or conditions referred to in the motion for expungement and sealing, including pleadings, exhibits, reports, minute entries, correspondence, and all other documents.

B. References, documents, recordings, or other materials shall be expunged and sealed. Under no circumstances may any expunged and sealed information be released.

C. The court may maintain a confidential record, such as a minute entry, of the fact of an adjudication. This information may be released only upon written motion of a court exercising criminal jurisdiction over the person whose record is sought and then only for the purposes authorized by the Code of Criminal Procedure.

Acts 1997, No. 1127, §1, eff. July 14, 1997; Acts 2017, No. 362, §1.
La. Civ. Code art. 710 — LA Code / Code civil-code / Article 710
Naked owner.
Status: in_force

The naked owner may establish a predial servitude that does not infringe on the rights of the usufructuary or that is to take effect at the termination of the usufruct. The consent of the usufructuary is required for the establishment of any other predial servitude.

Acts 1977, No. 514, §1.
La. Code Civ. Proc. art. 81 — LA Code / Code code-of-civil-procedure / Article 81
Action involving succession
Status: in_force

When a succession has been opened judicially, until rendition of the judgment of possession, the following actions shall be brought in the court in which the succession proceeding is pending:

(1) A personal action by a creditor of the deceased; but an action brought against the deceased prior to his death may be prosecuted against his succession representative in the court in which it was brought;

(2) An action to partition the succession;

(3) An action to annul the testament of the deceased; and

(4) An action to assert a right to the succession of the deceased, either under his testament or by effect of law.
La. Ch. Code art. 411 — LA Code / Code childrens-code / Article 411
Records; forms
Status: in_force

A. The court shall make, or have made, and keep records of all cases brought before it.

B. The court shall devise and cause to be printed such forms for social and legal records or such other papers as may be required.

Acts 1991, No. 235, §4, eff. Jan. 1, 1992.
La. Ch. Code art. 908 — LA Code / Code childrens-code / Article 908
Care and treatment by department
Status: in_force

A. Notwithstanding any other provisions of law to the contrary, the Department of Public Safety and Corrections, office of juvenile justice, shall have sole authority over the placement, care, treatment, or any other considerations deemed necessary from the resources that are available for children judicially committed to the department.

B. When care and treatment are to be provided by the department, either through facilities and programs operated by it or through contractual arrangements or through purchase of service arrangements for which the department provides funding, the child shall be committed to the department rather than to a particular institution or facility.

C. The department shall ensure that a child has a certified birth certificate and valid six-year identification card or submit all necessary applications, records, and fees to obtain those records within thirty days from when a child is committed to the custody of the department. The department shall ensure that a child has both a certified copy of the child's birth certificate and a valid state identification card upon release from custody. Failure of the department to obtain these records shall not prevent a child's release from custody.

D.(1) At least six months prior to the release of the child, the department shall prepare a written, individualized, and thorough transitional plan developed in collaboration with the child and any agency or department assuming his custody, care, or responsibility.

(2) The plan shall identify the programs, services, and facilities that will be used to assist the child in achieving a successful release from the department's custody.

(3) A copy of the transitional plan shall be provided to the court, counsel for the child, and the district attorney.

(4) The transitional plan shall address the needs of the child, including but not limited to education, health, permanent connections, living arrangements, independent living skills, vocational training, and employment. The services included within the transitional plan shall be offered to the child.

(5) The department shall ensure that all records in its files relevant to securing needed services in the community in which the child will live shall be immediately transmitted to the appropriate service provider.

E. The court shall not divide legal and physical custody of a child when assigning custody to the department in accordance with this Article or in accordance with any other statute or provision of law.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2012, No. 730, §1; Acts 2016, No. 500, §1; Acts 2024, No. 124, §1; Acts 2024, No. 258, §1, eff. May 24, 2024.
La. Ch. Code art. 1283.6 — LA Code / Code childrens-code / Article 1283.6
Hearing
Status: in_force

A. The court shall sign the order setting the time and place for the hearing of the petition for adoption of the foreign orphan not less than thirty nor more than sixty days after the filing of the adoption petition. The court may extend this time for good cause, which may include a showing by the department that it has been impossible to gather the necessary data within the time prescribed. The court may reduce the time to a minimum of fifteen days with written approval of the department and the petitioner.

B. At this hearing, the court shall consider:

(1) Any motion to intervene which has been filed.

(2) Any other issues in dispute.

(3) The confidential report of the department.

(4) The report of any criminal records or validated complaints of child abuse or neglect concerning the petitioner.

(5) The testimony of the parties.

C. If the child to be adopted is twelve years of age or older, the court shall solicit and consider his wishes in the matter.

Acts 1999, No. 1268, §1.
La. Civ. Code art. 197 — LA Code / Code civil-code / Article 197
Child's action to establish paternity; proof; time period
Status: in_force

A child may institute an action to prove paternity even though he is presumed to be the child of another man. If the action is instituted after the death of the alleged father, a child shall prove paternity by clear and convincing evidence.

For purposes of succession only, this action is subject to a peremptive period of one year. This peremptive period commences to run from the day of the death of the alleged father.

Acts 2005, No. 192, §1, eff. June 29, 2005.
La. Civ. Code art. 390 — LA Code / Code civil-code / Article 390
Limited interdiction
Status: in_force

A court may order the limited interdiction of a natural person of the age of majority, or an emancipated minor, who due to an infirmity is unable consistently to make reasoned decisions regarding the care of his person or property, or any aspect of either, or to communicate those decisions, and whose interests cannot be protected by less restrictive means.

Acts 2000, 1st Ex. Sess., No. 25, §1, eff. July 1, 2001.
La. Civ. Code art. 2622 — LA Code / Code civil-code / Article 2622
Warranty of assignor
Status: in_force

The assignor of an option to buy a thing warrants the existence of that option, but does not warrant that the person who granted it can be required to make a final sale.

If, upon exercise of the option, the person who granted it fails to make a final sale, the assignee has against the assignor the same rights as a buyer without warranty has against the seller.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Ch. Code art. 685 — LA Code / Code childrens-code / Article 685
Parent's contribution to costs of care and treatment
Status: in_force

A. As a part of any judgment of disposition committing a child to the custody of a person other than the parents of the child, the court may, after giving the parent a reasonable opportunity to be heard, order that the parent contribute to the cost of care and treatment of the child after consideration of the following factors:

(1) The best interest of the child.

(2) The recommendation of the department.

(3) The ability of the parent to pay.

(4) The obligation of the parent to support the child.

(5) The needs of the child.

(6) Any other relevant factor.

B. When the department has provided or will provide payment for care and treatment of the child, the payments by the parent shall be made directly to the department and shall, immediately upon receipt, be deposited in the state treasury, except when otherwise provided by federal law. In the event of default in the payment of costs of care by the parent, the department may exercise all administrative and legal alternatives provided by law or regulation to enforce the provisions of this Article.

C. When care and treatment of the child is to be provided by a caretaker other than the department, the payments by the parent shall be made according to the court's order. In the event of default in the payment of costs of care and treatment by the parent, the caretaker, if receiving the contributions, or the department may proceed against the parent as provided by law for failure to pay.

D. An order for a parental contribution to the cost of care and treatment in accordance with this Article shall not be considered child support pursuant to R.S. 9:315 et seq. The court shall not order a contribution for the cost of care and treatment in accordance with this Article if the parent is obligated to pay child support pursuant to R.S. 9:315 et seq. If a valid child support order has been signed in accordance with R.S. 9:315 et seq., a previous order for parental contribution to the cost of care and treatment shall terminate by operation of law.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2004, No. 255, §1, eff. June 15, 2004; Acts 2008, No. 392, §1.
La. Civ. Code art. 2684 — LA Code / Code civil-code / Article 2684
Obligations to deliver the thing at the agreed time and in good condition
Status: in_force

The lessor is bound to deliver the thing at the agreed time and in good condition suitable for the purpose for which it was leased.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.