FrankGoortani/open-us-law huggingface dataset:
La. Civ. Code art. 945 — LA Code / Code civil-code / Article 945
Effects of declaration of unworthiness
Status: in_force

A judicial declaration that a person is unworthy has the following consequences:

(1) The successor is deprived of his right to the succession to which he had been called.

(2) If the successor has possession of any property of the decedent, he must return it, along with all fruits and products he has derived from it. He must also account for an impairment in value caused by his encumbering it or failing to preserve it as a prudent administrator.

(3) If the successor no longer has possession because of a transfer or other loss of possession due to his fault, he must account for the value of the property at the time of the transfer or other loss of possession, along with all fruits and products he has derived from it.

He must also account for any impairment in value caused by his encumbering the property or failing to preserve it as a prudent administrator before he lost possession.

(4) If the successor has alienated, encumbered, or leased the property by onerous title, and there is no fraud on the part of the other party, the validity of the transaction is not affected by the declaration of unworthiness. But if he has donated the property and it remains in the hands of the donee or the donee's successors by gratuitous title, the donation may be annulled.

(5) The successor shall not serve as an executor, trustee, attorney or other fiduciary pursuant to a designation as such in the testament or any codicils thereto. Neither shall he serve as administrator, attorney, or other fiduciary in an intestate succession.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Civ. Code art. 1329 — LA Code / Code civil-code / Article 1329
Parties plaintiff and defendant.
Status: in_force

The suit for partition ought to be instituted by the heir who wishes the division; the coheirs or their representatives must be cited, in order that the partition may be ordered, and the form thereof determined, if there should be any dispute in this respect.
La. Code Crim. Proc. art. 926 — LA Code / Code code-of-criminal-procedure / Article 926
Petition
Status: in_force

A. An application for post conviction relief shall be by written petition addressed to the district court for the parish in which the petitioner was convicted. A copy of the judgment of conviction and sentence shall be annexed to the petition, or the petition shall allege that a copy has been demanded and refused.

B. The petition shall allege all of the following:

(1) The name of the person in custody and the place of custody, if known, or if not known, a statement to that effect.

(2) That the person is actually in custody, and the name of the place of custody, if known.

(3) The name of the custodian, if known, or if not known, a designation or description of him as far as possible.

(4) A statement of the grounds upon which relief is sought, alleged in good faith and specifying with reasonable particularity the factual basis for such relief.

(5) A statement of all prior applications for writs of habeas corpus or for post conviction relief filed by or on behalf of the person in custody in connection with his present custody.

(6) All errors known or discoverable by the exercise of due diligence.

C. The application shall be signed by the petitioner and be accompanied by his affidavit that the allegations contained in the petition are true to the best of his information and belief.

D. The petitioner shall use the uniform application for post conviction relief approved by the Supreme Court of Louisiana. If the petitioner fails to use the uniform application, the court may provide the petitioner with the uniform application and require its use.

E. The petition and any successive petitions shall be served upon both the attorney general and the district attorney for the parish where the defendant was convicted.

F.(1) An individual shall be eligible for post conviction relief if he meets both of the following:

(a) He is currently serving a sentence of imprisonment or is on probation or parole pursuant to a conviction.

(b) He is in actual custody or under supervision of the division of probation and parole.

(2) An application for post conviction relief filed after the petitioner has completed his sentence shall be dismissed.

(3) Any claim alleged in an application that is procedurally barred or is frivolous on its face shall be dismissed.

G. Inexcusable failure of the petitioner to comply with the provisions of this Article may be a basis for dismissal of his application.

Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981; Acts 2025, No. 393, §1.
La. Code Civ. Proc. art. 4322 — LA Code / Code code-of-civil-procedure / Article 4322
Publication; place of sale
Status: in_force

Notice of the sale shall be published in the parish in which the tutorship proceeding is pending, at least twice for immovable property and at least once for movable property, in the manner provided by law. The court may order additional advertisements.

When immovable property situated in another parish is to be sold, the notice shall also be published in the parish where the property is situated. When movable property situated in another parish is to be sold, the court may require the notice to be published also in the parish where the property is situated.

The sale shall be conducted in the parish in which the tutorship proceeding is pending, unless the court orders that the sale be conducted in the parish where the property is situated.
La. Ch. Code art. 1042 — LA Code / Code childrens-code / Article 1042
Review; counsel for child
Status: in_force

A. When the department is the legal custodian of the child, if no permanent placement has been made within ninety days of such judgment, review hearings shall be held in accordance with the provisions of Chapters 15 and 16 of Title VI of this Code.

B. When the department is not the legal custodian of the child, review hearings shall be held every ninety days until a final decree of adoption is rendered.

C. Any attorney appointed to represent the child in the termination action shall continue to represent the child in all subsequent review hearings until the child is permanently placed.

D. The attorney appointed to represent the child shall also be responsible for reviewing and submitting a recommendation to the court regarding any agreement for post-adoption continuing contact that is filed for approval in accordance with Chapter 14-A of Title XII.

Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1995, No. 1095, §4; Acts 1999, No. 1062, §2, eff. Jan. 1, 2000; Acts 2001, No. 568, §1, eff. Jan. 1, 2002.
La. Civ. Code art. 803 — LA Code / Code civil-code / Article 803
Use and management of the thing in the absence of agreement
Status: in_force

When the mode of use and management of the thing held in indivision is not determined by an agreement of all the co-owners and partition is not available, a court, upon petition by a co-owner, may determine the use and management.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.
La. Civ. Code art. 3229 — LA Code / Code civil-code / Article 3229
Vendor's claim for restitution.
Status: in_force

If the sale was not made on credit, the seller may even claim back the things in kind, which were thus sold, as long as they are in possession of the purchaser, and prevent the resale of them; provided the claim for restitution be made within eight days of the delivery at farthest, and that the identity of the objects be established.
La. Code Evid. art. 406 — LA Code / Code code-of-evidence / Article 406
Habit; routine practice; methods of proof
Status: in_force

Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice. The evidence may consist of testimony in the form of an opinion or evidence of specific instances of conduct sufficient in number to warrant a finding that the habit existed or that the practice was routine.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Civ. Code art. 873 — LA Code / Code civil-code / Article 873
Kinds of succession
Status: in_force

There are two kinds of succession: testate and intestate.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.
La. Code Civ. Proc. art. 3602 — LA Code / Code code-of-civil-procedure / Article 3602
Preliminary injunction; notice; hearing
Status: in_force

A preliminary injunction shall not issue unless notice is given to the adverse party and an opportunity had for a hearing.

An application for a preliminary injunction shall be assigned for hearing not less than two nor more than ten days after service of the notice.
La. Ch. Code art. 443 — LA Code / Code childrens-code / Article 443
Preparation of agreement; court approval
Status: in_force

A. If any agreement is reached by the parties, the mediator shall prepare a written document that contains the details of the agreement between or among the parties.

B. A proposed consent judgment incorporating the agreement shall be prepared by the mediator, signed by the parties, and submitted to the court for its consideration. If approved, the judgment shall be signed and filed in the record.

C. If no agreement has been reached, the mediator shall report that fact to the court without violating the policy of confidentiality of Article 441.

Acts 1999, No. 894, §1; Acts 2001, No. 567, §1.
La. Code Civ. Proc. art. 1794 — LA Code / Code code-of-civil-procedure / Article 1794
Taking evidence to jury room
Status: in_force

A. Jurors shall be permitted to take notes. The court shall provide the needed writing implements. Jurors may, but need not, take notes and such notes as are taken may be used during the jury's deliberations but shall not be preserved for review on appeal. The trial judge shall ensure the confidentiality of the notes during the course of the trial and the jury's deliberations. At each recess prior to jury deliberation, the court shall collect and maintain any and all notes made by each juror and upon reconvening, the court shall return to each juror his individual notes and shall cause the notes to be destroyed immediately upon return of the verdict.

B. The court may allow the jury to take with them any object or writing received in evidence, except depositions and except as otherwise provided in the Louisiana Code of Evidence.

Acts 1983, No. 534, §7; Acts 1988, No. 515, §2, eff. Jan. 1, 1989; Acts 1997, No. 668, §1.
La. Civ. Code art. 1893 — LA Code / Code civil-code / Article 1893
Compensation extinguishes obligations
Status: in_force

Compensation takes place by operation of law when two persons owe to each other sums of money or quantities of fungible things identical in kind, and these sums or quantities are liquidated and presently due.

In such a case, compensation extinguishes both obligations to the extent of the lesser amount.

Delays of grace do not prevent compensation.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 298 — LA Code / Code civil-code / Article 298
Excuse for prior tutorships
Status: in_force

The person who is appointed to two tutorships has a legal excuse for not accepting a third.

A parent who has been appointed to one tutorship shall not be compelled to accept a second tutorship, except it be that of his own children.

Amended by Acts 1974, No. 163, §3.
La. Code Civ. Proc. art. 4362 — LA Code / Code code-of-civil-procedure / Article 4362
Recordation of judgment; mortgage in favor of minor
Status: in_force

A. A judgment adjudicating immovable property shall be effective only after it is recorded in the conveyance records of the parish where the property is situated. If the price of the adjudication has not been paid, the minor shall have a vendor's privilege against the property adjudicated for the unpaid price, and the judgment of adjudication shall also be recorded in the mortgage records of such parish.

B. The provisions of this Article shall apply only to adjudications made six months from and after July 1, 2006. Those made before such time shall continue to be regulated by the provisions of this Article as it existed prior to July 1, 2006.

Acts 2005, No. 169, §3, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005.
La. Civ. Code art. 3219 — LA Code / Code civil-code / Article 3219
Method of enforcement of lessor's privilege
Status: in_force

The privilege of the lessor and the manner in which it is enforced against the property subject to it are described in the Title "Lease".

Acts 2004, No. 821, §2, eff. Jan. 1, 2005.
La. Civ. Code art. 1348 — LA Code / Code civil-code / Article 1348
Continuances of proceedings.
Status: in_force

As the business of partitions sometimes requires several days, the officer may divide his proces verbal, and make as many vacations or sittings as he thinks proper.

Amended by Acts 1960, No. 30, §1, eff. Jan. 1, 1961.
La. Ch. Code art. 740 — LA Code / Code childrens-code / Article 740
Advice of rights
Status: in_force

A. At the continued custody hearing, the court shall advise the parents and the child, in terms understandable by the child, of:

(1) The nature of the proceedings.

(2) The nature of the allegations.

(3) The informal family services plan procedure.

(4) The right to an adjudication hearing.

(5) The right to retain and be represented by an attorney.

(6) The nature of Families in Need of Services proceedings as set forth in Article 792 and the confidentiality of Families in Need of Services records as set forth in Article 793.

B. If a petition seeking a formal adjudication is filed, the court shall appoint independent legal counsel for the child, or refer the child for representation by the district public defender. Neither the child nor anyone purporting to act on his behalf may be permitted to waive this right. If the court finds that the parents of the child are financially able, it may order the parents to pay some or all of the costs of the child's representation.

C. If a petition seeking a formal adjudication is filed, the court shall also advise the child of his privilege against self-incrimination.

Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1; Acts 1999, No. 1317, §3; Acts 2007, No. 307, §9; Acts 2017, No. 362, §1.
La. Code Civ. Proc. art. 2337 — LA Code / Code code-of-civil-procedure / Article 2337
Price insufficient to discharge superior privileges; property not sold
Status: in_force

If the price offered by the highest bidder at the first or subsequent offering is not sufficient to discharge the costs of the sale and the security interests, mortgages, liens, and privileges superior to that of the seizing creditor, the property shall not be sold.

Acts 1989, No. 137, §18, eff. Sept. 1, 1989.
La. Civ. Code art. 2948 — LA Code / Code civil-code / Article 2948
Termination of conventional sequestration by the depositary
Status: in_force

The depositary may terminate the conventional sequestration unilaterally only if he is unable to perform his obligations. He is bound to deliver the thing to the successor depositary agreed upon by the parties and, when the parties cannot agree, he must apply to the court for the appointment of another depositary.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.
La. Code Civ. Proc. art. 4323 — LA Code / Code code-of-civil-procedure / Article 4323
Minimum price; subsequent offering
Status: in_force

The property shall not be sold if the price bid by the last and highest bidder is less than the minimum price fixed by the court. In that event, on the petition of the tutor, the court may order another offering, with the same formalities as for an original offering, at a lower minimum price.
La. Ch. Code art. 1215 — LA Code / Code childrens-code / Article 1215
Revocation of interlocutory decree
Status: in_force

A. At any time before the entry of the final decree of agency adoption, the court for good cause may revoke its interlocutory decree either on its own motion or on the motion of the department or on the motion of the petitioner or any person interested in the child.

B. All parties upon whom service was originally made shall be notified at least ten days prior to the signing of the order of revocation and shall be given an opportunity to be heard upon their written request.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Civ. Code art. 13 — LA Code / Code civil-code / Article 13
Laws on the same subject matter
Status: in_force

Laws on the same subject matter must be interpreted in reference to each other.

Acts 1987, No. 124, §1, eff. Jan. 1, 1988.
La. Code Civ. Proc. art. 4264 — LA Code / Code code-of-civil-procedure / Article 4264
Tutor's administration in his own name; procedural rights
Status: in_force

The tutor acts in his own name as tutor, and without the concurrence of the minor. The tutor may act through a mandatary or attorney in fact outside of the parish of his residence or as provided in Article 4273.

In the performance of his duties, the tutor may exercise all procedural rights available to a litigant.

Amended by Acts 1964, No. 4, §1.
La. Civ. Code art. 2808 — LA Code / Code civil-code / Article 2808
Obligation of a partner to contribute.
Status: in_force

Each partner owes the partnership all that he has agreed to contribute to it.

Acts 1980, No. 150, §1.
La. Code Civ. Proc. art. 3196 — LA Code / Code code-of-civil-procedure / Article 3196
Procedural rights of succession representative
Status: in_force

In the performance of his duties, a succession representative may exercise all procedural rights available to a litigant.
La. Civ. Code art. 1293 — LA Code / Code civil-code / Article 1293
Partition of a succession, definition.
Status: in_force

The partition of a succession is the division of the effects, of which the succession is composed, among all the coheirs, according to their respective rights.
La. Ch. Code art. 857 — LA Code / Code childrens-code / Article 857
Transfers for criminal prosecution; authority
Status: in_force

A. The court on its own motion or on motion of the district attorney may conduct a hearing to consider whether to transfer a child for prosecution to the appropriate court exercising criminal jurisdiction if a delinquency petition has been filed which alleges that a child who is fourteen years of age or older at the time of the commission of the alleged offense but is not otherwise subject to the original jurisdiction of a court exercising criminal jurisdiction has committed any one or more of the following crimes:

(1) First degree murder.

(2) Second degree murder.

(3) Aggravated kidnapping.

(4) Aggravated or first degree rape.

(5) Aggravated battery when committed by the discharge of a firearm.

(6) Armed robbery when committed with a firearm.

(7) Repealed by Acts 2001, No. 301, §2.

(8) Forcible or second degree rape if the rape is committed upon a child at least two years younger than the rapist.

B. Notwithstanding any other provision of law to the contrary, a fourteen-year-old who is transferred pursuant to this Article and subsequently convicted shall not be confined for such conviction beyond his thirty-first birthday.

C.(1) An adult who is charged with an offense committed at the time he was a child for which the time limitation for the institution of prosecution pursuant to Code of Criminal Procedure Article 571 has not lapsed and for which he was subject to prosecution as an adult due to his age at the time the offense was committed shall be prosecuted as an adult in the appropriate court exercising criminal jurisdiction. If convicted, he shall be punished as an adult as provided by law.

(2) An adult who is charged with an offense committed at the time he was a child for which the time limitation for the institution of prosecution pursuant to Code of Criminal Procedure Article 571 has not lapsed and for which he was not subject to prosecution as an adult due to his age at the time the offense was committed shall be prosecuted as an adult in the appropriate court exercising criminal jurisdiction. If convicted, he shall be committed to the custody of the Department of Public Safety and Corrections to be confined in secure placement for a period of time as determined by the court not to exceed the maximum amount of confinement he could have been ordered to serve had he been adjudicated for the offense as a child at the time the offense was committed.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1994, 3rd Ex. Sess., No. 15, §1; Acts 1994, 3rd Ex. Sess., No. 39, §1; Acts 1997, No. 1137, §1, eff. July 14, 1997; Acts 2001, No. 301, §2; Acts 2008, No. 670, §1; Acts 2010, No. 805, §1; Acts 2015, No. 184, §8.
La. Civ. Code art. 2745 — LA Code / Code civil-code / Article 2745
Kinds of lease of services or labor.
Status: in_force

Labor may be let out in three ways:

1. Laborers may hire their services to another person.

2. Carriers and watermen hire out their services for the conveyance either of persons or of goods and merchandise.

3. Workmen hire out their labor or industry to make buildings or other works.

Acts 2004, No. 821, §5, eff. Jan. 1, 2005.
La. Ch. Code art. 953 — LA Code / Code childrens-code / Article 953
Scope of traffic jurisdiction
Status: in_force

Traffic violation means any violation of a statute or ordinance regulating traffic, except the following criminal offenses:

(1) Vehicular homicide.

(2) Vehicular negligent injuring.

(3) Unauthorized use of a movable.

(4) Operating a vehicle while intoxicated.

(5) Reckless operation of a vehicle.

(6) Hit and run driving.

Acts 1991, No. 235, §9, eff. Jan. 1, 1992.
La. Code Crim. Proc. art. 317 — LA Code / Code code-of-criminal-procedure / Article 317
Organization performing or providing pretrial services
Status: in_force

Any organization which is contracted, employed, or which receives public funds to perform or provide pretrial services, such as screening of any defendant, shall verify all background information provided by a defendant or otherwise obtained by the organization regarding the defendant.

Amended by Acts 1982, No. 276, §1; Acts 1987, No. 500, §1; Acts 1991, No. 72, §1; Acts 1992, No. 401, §1; Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2003, No. 222, §1; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
La. Code Civ. Proc. art. 4131 — LA Code / Code code-of-civil-procedure / Article 4131
Amount
Status: in_force

A. The person appointed tutor, except the natural tutor, shall furnish security for the faithful performance of his duties in an amount equal to the total value of the minor's movable property as shown by the inventory or detailed descriptive list, plus such additional sum as the court may consider sufficient to cover any loss or damage which may be caused by the bad administration of the tutor.

B. Upon proper showing that the security required is substantially in excess of that needed for the protection of the minor, the court may fix the security at any amount which it considers sufficient for the protection of the minor.

C. The court may order the security to be increased or diminished at any time as the movable property may increase or diminish in value, or for other circumstances which the court may consider proper.

D. When the only asset of the minor is a contested claim for damages, the court may postpone the furnishing of security until the claim is recovered, at which time the tutor shall provide security as required by this Article.

Acts 1983, No. 344, §1; Acts 1985, No. 146, §1.
La. Civ. Code art. 2530 — LA Code / Code civil-code / Article 2530
Defect must exist before delivery
Status: in_force

The warranty against redhibitory defects covers only defects that exist at the time of delivery. The defect shall be presumed to have existed at the time of delivery if it appears within three days from that time.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.