FrankGoortani/open-us-law huggingface dataset:
La. Civ. Code art. 1821 — LA Code / Code civil-code / Article 1821
Assumption by agreement between obligor and third person
Status: in_force

An obligor and a third person may agree to an assumption by the latter of an obligation of the former. To be enforceable by the obligee against the third person, the agreement must be made in writing.

The obligee's consent to the agreement does not effect a release of the obligor.

The unreleased obligor remains solidarily bound with the third person.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 3105 — LA Code / Code civil-code / Article 3105
Duration of power of arbitrators; prescription
Status: in_force

A. If the submission does not limit any time, the power of the arbitrators may continue in force during three months from the date of the submission, unless the parties agree to revoke it.

B. Prescription is interrupted as to any matter submitted to arbitration from the date of the submission and shall continue until the submission and power given to the arbitrators are put at an end by one of the causes in Article 3132, unless suit has been filed, in which case the provisions of Articles 3462 and 3463 shall apply.

Acts 1984, No. 782, §1.
La. Ch. Code art. 1355 — LA Code / Code childrens-code / Article 1355
Stipulation to order of support
Status: in_force

In cases in which the responsible parent or other person owing a duty of support and the district attorney stipulate to an order of support, the court shall have the power to issue an order of support under the provisions of Article 1352 without the necessity of instituting criminal proceedings pursuant to R.S. 14:74.

Acts 1993, No. 442, §2, eff. June 9, 1993.
La. Code Civ. Proc. art. 3174 — LA Code / Code code-of-civil-procedure / Article 3174
Compensation
Status: in_force

The court may allow the attorney at law appointed to represent an absent heir or legatee, upon the completion of his duties, reasonable compensation for the services rendered, payable out of the share of the absent heir or legatee in the succession.

If the person whom the attorney has been appointed to represent is not entitled to any share in the succession, or such share is insufficient to compensate him adequately for his services, his reasonable compensation shall be taxed as costs of court against the mass of the succession.

Such compensation may be determined judicially by contradictory motion against the absent heir or legatee, if he has appeared through counsel or an attorney in fact, or otherwise against the succession representative.
La. Code Crim. Proc. art. 580 — LA Code / Code code-of-criminal-procedure / Article 580
Suspension of time limitations
Status: in_force

A. When a defendant files a motion to quash or other preliminary plea, the running of the periods of limitation established by Article 578 shall be suspended until the ruling of the court thereon; but in no case shall the state have less than one year after the ruling to commence the trial.

B. The periods of limitation established by Article 578 shall also be suspended if the court grants a continuance in accordance with the provisions of Paragraph B of Article 709.

Acts 2010, No. 744, §1, eff. June 29, 2010.
La. Civ. Code art. 2569 — LA Code / Code civil-code / Article 2569
Redemption, presumption of security
Status: in_force

A sale with right of redemption is a simulation when the surrounding circumstances show that the true intent of the parties was to make a contract of security. When such is the case, any monies, fruits or other benefit received by the buyer as rent or otherwise may be regarded as interest subject to the usury laws.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 3064 — LA Code / Code civil-code / Article 3064
Supplementary nature of this Chapter
Status: in_force

The provisions of this Chapter apply to the extent they are not contrary to special laws governing particular kinds of legal suretyship.

Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
La. Civ. Code art. 3139 — LA Code / Code civil-code / Article 3139
Law governing security interest
Status: in_force

Security interest is defined by the Uniform Commercial Code, which specifies the kinds of property susceptible of encumbrance by a security interest and governs the manner of creation of security interests and the rights of the holders of security interests against obligors and third persons.

Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
La. Code Crim. Proc. art. 165 — LA Code / Code code-of-criminal-procedure / Article 165
Authority of peace officer in executing a search warrant
Status: in_force

While in the course of executing a search warrant, a peace officer may make photographs, lift fingerprints, seize things whether or not described in the warrant that may constitute evidence tending to prove the commission of any offense, and perform all other acts pursuant to his duties.
La. Code Crim. Proc. art. 462 — LA Code / Code code-of-criminal-procedure / Article 462
Form of grand jury indictment
Status: in_force

The indictment by a grand jury may be in substantially the following form:

In the (Here state the name of the court.) on the ______ day of ______, 20__. State of Louisiana v. A.B. (Here state the name or description of the accused.).

The grand jury of the Parish of ______, charges that A.B. (Here state the name or description of the accused.) committed the offense of ______, in that (Here set forth the offense and transaction according to the rules stated in this Title. The particulars of the offense may be added with a view to avoiding the necessity for a bill of particulars.) contrary to the law of the State of Louisiana and against the peace and dignity of the same.
La. Civ. Code art. 794 — LA Code / Code civil-code / Article 794
Determination of ownership according to prescription.
Status: in_force

When a party proves acquisitive prescription, the boundary shall be fixed according to limits established by prescription rather than titles. If a party and his ancestors in title possessed for thirty years without interruption, within visible bounds, more land than their title called for, the boundary shall be fixed along these bounds.

Acts 1977, No. 169, §1.
La. Code Crim. Proc. art. 897 — LA Code / Code code-of-criminal-procedure / Article 897
Termination of probation or suspended sentence; discharge of defendant
Status: in_force

A. In a felony case, other than for a conviction of operating a vehicle while intoxicated, vehicular homicide, or first degree vehicular negligent injuring, the court may terminate the defendant's probation, early or as unsatisfactory, and discharge him at any time after the expiration of one year of probation when either of the following occur:

(1) The state has previously provided written verification that it has no opposition to the termination of the probation.

(2) A contradictory hearing with the state, set by the court, has been held. The court shall provide notice of the hearing to the state at least fifteen days prior to the hearing date.

B. In a misdemeanor case, other than for a conviction of vehicular negligent injuring, the court may terminate the defendant's suspended sentence or probation and discharge him at any time when all of the following conditions are met:

(1) The termination or discharge is ordered in open court.

(2) The state is present at the time the termination or discharge is ordered and has been afforded an opportunity to participate in a contradictory hearing on the matter.

Acts 2014, No. 275, §1; Acts 2024, No. 648, §1.
La. Code Civ. Proc. art. 85 — LA Code / Code code-of-civil-procedure / Article 85
Action against domestic corporation; charter revoked by secretary of state
Status: in_force

An action against a domestic corporation, the charter and franchise of which have been administratively revoked by the secretary of state in accordance with R.S. 12:163, may be brought in any parish where the suit could have been brought prior to revocation.

Added by Acts 1982, No.649, §1.
La. Code Civ. Proc. art. 5123 — LA Code / Code code-of-civil-procedure / Article 5123
Testing sufficiency and validity of bond
Status: in_force

Any person in interest wishing to test the sufficiency, solvency of the surety, or validity of a bond furnished as security in a judicial proceeding shall rule the party furnishing the bond into the trial court in which the proceeding was brought to show cause why the bond should not be decreed insufficient or invalid, and why the order, judgment, writ, mandate, or process conditioned on the furnishing of security should not be set aside or dissolved. If the bond is sought to be held invalid on the ground of the insolvency of a surety other than a surety company licensed to do business in this state, the party furnishing the bond shall prove the solvency of the surety on the trial of the rule.
La. Code Crim. Proc. art. 230.2 — LA Code / Code code-of-criminal-procedure / Article 230.2
Probable cause determinations; persons arrested without a warrant and continued in custody; bail
Status: in_force

A. A law enforcement officer effecting the arrest of a person without a warrant shall promptly complete an affidavit of probable cause supporting the arrest of the person and submit it to a magistrate. Persons continued or remaining in custody pursuant to an arrest made without a warrant shall be entitled to a determination of probable cause within forty-eight hours of arrest. The probable cause determination shall be made by a magistrate and shall not be an adversary proceeding. The determination may be made without the presence of the defendant and may be made upon affidavits or other written evidence, which may be transmitted to the magistrate by means of facsimile transmission or other electronic means. A magistrate's determination of probable cause hereunder shall not act as a waiver of a person's right to a preliminary examination pursuant to Article 292.

B.(1) If a probable cause determination is not timely made in accordance with the provisions of Paragraph A of this Article, the arrested person shall be released on his own recognizance.

(2) Nothing in this Paragraph shall preclude the defendant's rearrest and resetting of bond for the same offense or offenses upon the issuance of an arrest warrant based upon a finding of probable cause by a magistrate.

Acts 1992, No. 674, §1; Acts 2010, No. 260, §1; Acts 2011, No. 83, §1.
La. Civ. Code art. 537 — LA Code / Code civil-code / Article 537
Nonconsumable things.
Status: in_force

Nonconsumable things are those that may be enjoyed without alteration of their substance, although their substance may be diminished or deteriorated naturally by time or by the use to which they are applied, such as lands, houses, shares of stock, animals, furniture, and vehicles.

Acts 1976, No. 103, §1.
La. Code Civ. Proc. art. 3112 — LA Code / Code code-of-civil-procedure / Article 3112
Security; oath; tenure; rights and duties
Status: in_force

A provisional administrator shall furnish security and take the oath of office required by Articles 3152 and 3158, respectively. He shall continue in office until an administrator or executor has been qualified, or until the heirs or legatees have been sent into possession.

Except as otherwise provided by law, a provisional administrator has all of the authority and rights of an administrator, and is subject to the same duties and obligations, in the discharge of his functions of preserving, safeguarding, and operating the property and business of the succession.
La. Code Crim. Proc. art. 334.5 — LA Code / Code code-of-criminal-procedure / Article 334.5
Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Status: repealed

Acts 2012, No. 748, §1; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
La. Civ. Code art. 736 — LA Code / Code civil-code / Article 736
Capacity to acquire servitude.
Status: in_force

An incompetent may acquire a predial servitude for the benefit of his estate without the assistance of the administrator of his patrimony or of his tutor or curator.

Acts 1977, No. 514, §1.
La. Civ. Code art. 1988 — LA Code / Code civil-code / Article 1988
Judgment may stand for act
Status: in_force

A failure to perform an obligation to execute an instrument gives the obligee the right to a judgment that shall stand for the act.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 2587 — LA Code / Code civil-code / Article 2587
Reimbursement to buyer on redemption
Status: in_force

A seller who exercises the right of redemption must reimburse the buyer for all expenses of the sale and for the cost of repairs necessary for the preservation of the thing.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Ch. Code art. 1306.4 — LA Code / Code childrens-code / Article 1306.4
Choice of law
Status: in_force

A. Except as otherwise provided in Paragraph D, the law of the issuing state or foreign country governs:

(1) The nature, extent, amount, and duration of current payments under a registered support order;

(2) The computation and payment of arrearages and accrual of interest on the arrearages under the support order; and

(3) The existence and satisfaction of other obligations under the support order.

B. In a proceeding for arrears under a registered support order, the statute of limitation of this state or of the issuing state or foreign country, whichever is longer, applies.

C. A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state.

D. After a tribunal of this state or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.

Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Code Civ. Proc. art. 739 — LA Code / Code code-of-civil-procedure / Article 739
Corporation; limited liability company; insurer
Status: in_force

Except as otherwise provided in Articles 740 and 741, a domestic or foreign corporation, a domestic or foreign limited liability company, or a domestic, foreign, or alien insurer has the procedural capacity to be sued in its corporate or company name.

Acts 1999, No. 145, §2.
La. Code Civ. Proc. art. 259 — LA Code / Code code-of-civil-procedure / Article 259
Liability of clerk of court
Status: in_force

The clerk of court shall not be liable for any damages caused by any third party to any information included in pleadings or documents filed of record by the clerk of court.

Acts 2017, No. 173, §5.
La. Code Civ. Proc. art. 1468 — LA Code / Code code-of-civil-procedure / Article 1468
Requests for admissions; effect of admission
Status: in_force

Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. Subject to the provisions of Article 1551 governing amendment of a pretrial order, the court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice him in maintaining his action or defense on the merits. Any admission made by a party under Articles 1466 and 1467 is for the purpose of the pending action only and is not an admission by him for any other purpose nor may it be used against him in any other proceeding.

Acts 1976, No. 574, §1.
La. Civ. Code art. 1558 — LA Code / Code civil-code / Article 1558
Revocation for ingratitude; prescription, parties
Status: in_force

An action of revocation for ingratitude shall be brought within one year from the day the donor knew or should have known of the act of ingratitude.

If the donor dies before the expiration of that time, the action for revocation may be brought by the successors of the donor, but only within the time remaining, or if the donor died without knowing or having reason to know of the act, then within one year of the death of the donor.

If the action has already been brought by the donor, his successors may pursue it.

If the donee is deceased, the action for revocation may be brought against his successors.

Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
La. Civ. Code art. 777 — LA Code / Code civil-code / Article 777
Nature and regulation.
Status: in_force

Building restrictions are incorporeal immovables and real rights likened to predial servitudes. They are regulated by application of the rules governing predial servitudes to the extent that their application is compatible with the nature of building restrictions.

Acts 1977, No. 170, §1.
La. Code Crim. Proc. art. 985 — LA Code / Code code-of-criminal-procedure / Article 985
Expungement by redaction of records with references to multiple individuals
Status: in_force

A. If a record includes the name of more than one individual and one or more of the individuals is entitled to an expungement of an arrest or conviction pursuant to the provisions of this Title, any individual entitled to an expungement may petition the court to have records related to the arrest or conviction of the individual expunged by redaction.

B. If the court grants the expungement by redaction, the name of the individual and all other identifying information regarding the individual granted the expungement by redaction shall be redacted from all records regarding the arrest and conviction. The redacted records shall be available for public access.

C. The clerk of court shall not be liable for any damages resulting to any person or entity as a consequence of expunging or redacting or for the failure to expunge or redact any record where the expungement order does not specifically identify all locations of the records to be expunged or specify the information to be redacted.

Acts 2014, No. 145, §1.
La. Code Crim. Proc. art. 942 — LA Code / Code code-of-criminal-procedure / Article 942
Definitions
Status: in_force

As used in this Title:

(1) "Affected court" means any appellate, district, parish, city, municipal, traffic, juvenile, justice of the peace, or family court having jurisdiction over criminal prosecutions and proceedings for which the Louisiana Supreme Court has made a determination that the court shall conduct emergency sessions outside its parish or territorial jurisdiction as provided for by the provisions of this Title.

(2) "Emergency sessions" means any criminal court proceeding conducted by an affected court as authorized by the provisions of this Title and by order of the Louisiana Supreme Court.

(3) "Host jurisdiction" means the location or locations in which the Louisiana Supreme Court has ordered the affected court to conduct emergency sessions.

Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.
La. Code Civ. Proc. art. 3294 — LA Code / Code code-of-civil-procedure / Article 3294
Publication of notice; opposition; hearing; order
Status: in_force

The provisions of Articles 3282 through 3284 shall apply to the publication of notice of the application for authority to exchange succession property, opposition thereto, and the hearing and order thereon.

Added by Acts 1962, No. 92, §3.
La. Ch. Code art. 1422 — LA Code / Code childrens-code / Article 1422
Certificate; contents
Status: in_force

A. The emergency certificate shall state all of the following:

(1) The date the physician, family psychiatric mental health nurse practitioner, or psychologist examined the minor, which shall not be more than seventy-two hours prior to the date of the signature of the certificate.

(2) The objective findings of the physician, family psychiatric mental health nurse practitioner, or psychologist relative to the physical and mental condition of the minor, leading to the conclusion that he is dangerous to himself or others or is gravely disabled as a result of substance abuse or mental illness.

(3) The history of the case, if known.

(4) The determination of whether the minor examined is in need of immediate psychiatric treatment in a treatment facility because he is either:

(a) Dangerous to himself.

(b) Dangerous to others.

(c) Gravely disabled.

(5) A statement that the minor is unwilling or unable to seek voluntary admission.

B. The certificate shall be dated and executed under the penalty of perjury, but need not be notarized. The certificate shall be valid for seventy-two hours and shall be delivered to the director of the treatment facility where the person is to be further evaluated and treated.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2012, No. 489, §1.
La. Code Crim. Proc. art. 914.1 — LA Code / Code code-of-criminal-procedure / Article 914.1
Designation of record; payment of costs; sanction
Status: in_force

A. The party making the motion for appeal shall, at the time the motion is made, request the transcript of that portion of the proceedings necessary, in light of the assignment of errors to be urged. Not later than five days after the motion, the opposing party may designate in writing the transcript of that portion or portions of the proceedings necessary to oppose the appeal.

B. A transcript of any portion of the proceedings which does not relate to anticipated assignment of errors shall not be furnished to a party for purposes of appeal and shall not result in delay of preparation of the appeal record.

C.(1) An attorney who requests a transcript in accordance with this Article must certify there are good grounds for such request in light of the assignment of errors to be urged.

(2) Except in indigent cases, the costs for preparing the transcript must be paid to the court reporter or the appropriate agency and the costs as required for filing the appeal must be paid in the appellate court, both within twenty days of the mailing of notice, including the payment of any additional costs owed upon notice.

(3) Where applicable, if the appellant or appellant's counsel fails to pay the estimated cost for preparing the record including the transcript within the time specified, the trial judge, on his own motion or upon motion by the clerk or by any party, and after a hearing, may do one of the following:

(a) Extend the time within which the costs may be paid not to exceed thirty days with or without penalty to the appellant or his attorney.

(b) Impose a fine not to exceed five hundred dollars upon the appellant or his attorney, or both.

(c) Dismiss the appeal.

D. The trial court or the appellate court may designate additional portions of the transcript of the proceedings which it feels are necessary for full and fair review of the assignment of errors.

Added by Acts 1982, No. 143, §1. Acts 1984, No. 937, §2.

{{NOTE: SEE ALSO ACTS 1984, NO. 937, §3 AND ACTS 1984, NO. 838, §1.}}
La. Ch. Code art. 1118 — LA Code / Code childrens-code / Article 1118
Effect of acceptance
Status: in_force

The person or agency to whom a child is surrendered shall exercise all rights and responsibilities as legal custodian of the child.

Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
La. Ch. Code art. 1242 — LA Code / Code childrens-code / Article 1242
Refusal of interlocutory or final decree
Status: in_force

Upon refusal to grant an interlocutory or final decree to the petitioners for the reason that the private adoption is not in the best interests of the child, the court may remove the child from the petitioner and reinstate the legal custodian or appoint a custodian.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Civ. Code art. 2892 — LA Code / Code civil-code / Article 2892
Applicability of the rules governing obligations
Status: in_force

In all matters for which no special provision is made in this Title, the contract of loan for use is governed by the Titles of "Obligations in General" and "Conventional Obligations or Contracts".

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.