FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 257 — LA Code / Code code-of-civil-procedure / Article 257
Neglect, failure, or refusal of clerk, deputy, or other employee to perform duty subjects him to punishment for contempt
Status: in_force

The neglect, failure, or refusal of a clerk, deputy clerk, or other employee of a clerk of court to perform any ministerial duty subjects him to punishment for contempt of court.
La. Code Civ. Proc. art. 1423 — LA Code / Code code-of-civil-procedure / Article 1423
Scope of discovery; insurance agreements
Status: in_force

A party may obtain discovery of the existence and contents of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment.

Acts 1976, No. 574, §1.
La. Civ. Code art. 656 — LA Code / Code civil-code / Article 656
Obligations of the owners
Status: in_force

The owner of the servient estate situated below may not do anything to prevent the flow of the water. The owner of the dominant estate situated above may not do anything to render the servitude more burdensome.

Acts 1977, No. 514, §1; Acts 2017, No. 105, §1, eff. June 12, 2017.
La. Code Civ. Proc. art. 4464 — LA Code / Code code-of-civil-procedure / Article 4464
Court costs
Status: in_force

In proceedings under this Chapter, court costs shall be one-half of the court costs in similar proceedings in larger tutorships, provided that the minimum costs in any case shall be one hundred dollars.

Acts 2013, No. 118, §1, eff. June 5, 2013.
La. Civ. Code art. 2517 — LA Code / Code civil-code / Article 2517
Call in warranty, failure of buyer to call seller in warranty, suit to quiet possession
Status: in_force

A buyer threatened with eviction must give timely notice of the threat to the seller. If a suit for eviction has been brought against the buyer, his calling in the seller to defend that suit amounts to such notice.

A buyer who elects to bring suit against a third person who disturbs his peaceful possession of the thing sold must give timely notice of that suit to the seller.

In either case, a buyer who fails to give such notice, or who fails to give it in time for the seller to defend himself, forfeits the warranty against eviction if the seller can show that, had he been notified in time, he would have been able to prove that the third person who sued the buyer had no right.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 483 — LA Code / Code civil-code / Article 483
Ownership of fruits by accession.
Status: in_force

In the absence of rights of other persons, the owner of a thing acquires the ownership of its natural and civil fruits.

Acts 1979, No. 180, §1.
La. Civ. Code art. 1943 — LA Code / Code civil-code / Article 1943
Acceptance not in accordance with offer
Status: in_force

An acceptance not in accordance with the terms of the offer is deemed to be a counteroffer.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Crim. Proc. art. 930.5 — LA Code / Code code-of-criminal-procedure / Article 930.5
Custody pending retrial; bail
Status: in_force

A. If a court grants relief under an application for post conviction relief, the court shall order that the petitioner be held in custody pending a new trial.

B. In such a case, the petitioner shall be entitled to bail on the offense as though he has not been convicted of the offense.

Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981; Acts 2025, No. 393, §1.
La. Civ. Code art. 2891 — LA Code / Code civil-code / Article 2891
Loan for use; definition
Status: in_force

The loan for use is a gratuitous contract by which a person, the lender, delivers a nonconsumable thing to another, the borrower, for him to use and return.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
La. Civ. Code art. 1731 — LA Code / Code civil-code / Article 1731
Action to rescind partition, payment of costs.
Status: in_force

The child who objects to the partition made by the ascendant, must advance the expenses of having the property estimated, and must ultimately support them and the costs of suit, if his claim be not founded.
La. Code Civ. Proc. art. 4623 — LA Code / Code code-of-civil-procedure / Article 4623
Order; service of citation; contradictory proceedings
Status: in_force

When the petition for a partition discloses that the plaintiff is entitled thereto, and that the absent and unrepresented defendant is an absentee who owns an interest in the property, the court shall appoint an attorney at law to represent the absent defendant, and shall order the publication of notice of the institution of the proceeding.

The citation to the absent defendant and all other process shall be served on or service thereof accepted by the attorney at law appointed to represent him, and all proceedings shall be conducted contradictorily against this attorney.
La. Ch. Code art. 412.1 — LA Code / Code childrens-code / Article 412.1
Data collection and remittance
Status: in_force

A. Each special juvenile court created by law with exclusive original juvenile jurisdiction may biennially report, by respective section or division, to the Louisiana Supreme Court and its local district attorney and sheriff the aggregate number of preadjudication and postadjudication court interventions resulting from taking a child into custody for the alleged commission of a delinquent act for each child who is:

(1) Released to the custody of his parents or other suitable persons.

(2) Placed on probation.

(3) Committed to the custody of the Department of Public Safety and Corrections.

(4) Referred for appropriate placement at detention, shelter, or other treatment facilities.

(5) Referred to an alternative formal processing program.

B. In addition, such courts may also report by respective section or division to the Louisiana Supreme Court and the local district attorney and sheriff the aggregate number of times each statute was allegedly violated by a child, the number of cases in which adjudicated juveniles violated probation, and the number of times a specific term of probation was violated, including but not limited to curfews, ankle bracelets, and house arrests.

C. The Louisiana Supreme Court may develop a form to be used by the courts for such reporting and provide by policy for the uniform definitions of terms so as to allow statistical analysis of the data and information submitted.

D. The local district attorney or sheriff, at his expense, may publish the data received in the official journal of the locality.

Acts 2012, No. 859, §1.
La. Civ. Code art. 723 — LA Code / Code civil-code / Article 723
Servitudes on public things.
Status: in_force

Predial servitudes may be established on public things, including property of the state, its agencies and political subdivisions.

Acts 1977, No. 514, §1.
La. Code Civ. Proc. art. 196.1 — LA Code / Code code-of-civil-procedure / Article 196.1
Power of judges to sign orders and judgments while outside of the court's territorial jurisdiction
Status: in_force

The judge of a district court or a court of limited jurisdiction may sign orders and judgments while outside of the court's territorial jurisdiction.

Acts 2018, No. 275, §1; Acts 2021, No. 68, §1, eff. Jan. 1, 2022.
La. Civ. Code art. 1797 — LA Code / Code civil-code / Article 1797
Solidary obligation arising from different sources
Status: in_force

An obligation may be solidary though it derives from a different source for each obligor.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 1605 — LA Code / Code civil-code / Article 1605
Probate of testament
Status: in_force

A testament has no effect unless it is probated in accordance with the procedures and requisites of the Code of Civil Procedure.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Code Crim. Proc. art. 888 — LA Code / Code code-of-criminal-procedure / Article 888
Costs and fines; payment
Status: in_force

Costs and any fine imposed shall be payable immediately except as provided in Article 875.1 relative to the determination of the defendant's ability to pay; provided, however, that in cases involving the violation of any traffic law or ordinance, the court having jurisdiction may grant the defendant five judicial days after rendition of judgment to pay any costs and any fine imposed.

Amended by Acts 1968, No. 368, §1; Acts 2017, No. 260, §1, eff. Aug. 1, 2018; Acts 2018, No. 137, §1, eff. Aug. 1, 2018; Acts 2018, No. 668, §4, eff. Aug. 1, 2018; Acts 2019, No. 253, §2; Acts 2021, No. 313, §§3A and 5B.
La. Civ. Code art. 1295 — LA Code / Code civil-code / Article 1295
Definitive and provisional partitions, definitions.
Status: in_force

Every partition is either definitive or provisional:

Definitive partition is that which is made in a permanent and irrevocable manner;

Provisional partition is that which is made provisionally, either of certain things before the rest can be divided, or even of everything that is to be divided, when the parties are not in a situation to make an irrevocable partition.
La. Civ. Code art. 1974 — LA Code / Code civil-code / Article 1974
Determination by third person
Status: in_force

If the determination of the quantity of the object has been left to the discretion of a third person, the quantity of an object is determinable.

If the parties fail to name a person, or if the person named is unable or unwilling to make the determination, the quantity may be determined by the court.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Crim. Proc. art. 727 — LA Code / Code code-of-criminal-procedure / Article 727
Notice of alibi
Status: in_force

A. Upon written demand of the district attorney stating the time, date, and place at which the alleged offense was committed, the defendant shall serve within ten days, or at such different time as the court may direct, upon the district attorney a written notice of his intention to offer a defense of alibi. Such notice by the defendant shall state the specific place or places at which the defendant claims to have been at the time of the alleged offense and the names and addresses of the witnesses upon whom he intends to rely to establish such alibi.

B. Within ten days thereafter, but in no event less than ten days before trial, unless the court otherwise directs, the district attorney shall serve upon the defendant or his attorney a written notice stating the names and addresses of the witnesses upon whom the state intends to rely to establish the defendant's presence at the scene of the alleged offense and any other witnesses to be relied on to rebut testimony of any of the defendant's alibi witnesses.

C. If prior to or during trial, a party learns of an additional witness whose identity, if known, should have been included in the information furnished under Subsection A or B, the party shall promptly notify the other party or his attorney of the existence and identity of such additional witness.

D. Upon the failure of either party to comply with the requirements of this rule, the court may exclude the testimony of any undisclosed witness offered by such party as to the defendant's absence from or presence at, the scene of the alleged offense. This rule shall not limit the right of the defendant to testify in his own behalf.

E. For good cause shown, the court may grant an exception to any of the requirements of Subsections A through D of this Section.

F. Evidence of an intention to rely upon an alibi defense, later withdrawn, or of statements made in connection with such intention, is not admissible in any civil or criminal proceeding against the person who gave notice of the intention.

Added by Acts 1977, No. 515, §1.
La. Civ. Code art. 3233 — LA Code / Code civil-code / Article 3233
Innkeepers' rights on property of guests.
Status: in_force

Innkeepers and all others who let lodgings or receive or take boarders have a privilege, or more properly, a right of pledge on the property of all persons who take their board or lodging with them, by virtue of which they may retain property, and have it sold, to obtain payment of what such persons may owe them on either accounts above mentioned and this privilege shall extend to extras not to exceed Ten ($10) Dollars supplied by the proprietors of hotels, inns and boarding house keepers.

Amended by Acts 1896, No. 29; Acts 1898, No. 110.
La. Civ. Code art. 270 — LA Code / Code civil-code / Article 270
Occasion for tutorship.
Status: in_force

When a minor is an orphan, and has no tutor appointed by his father or mother, nor any relations who may claim the tutorship by effect of law, or when the tutor appointed in some of the modes above expressed is liable to be excluded or disqualified, or is excused legally, the judge shall appoint a tutor to the minor.

Amended by Acts 1960, No. 30, §1, eff. Jan. 1, 1961.
La. Civ. Code art. 3504 — LA Code / Code civil-code / Article 3504
Surety
Status: in_force

When prescription is interrupted against the principal debtor, the interruption is effective against his surety.

Acts 1983, No. 173, §1, eff. Jan 1, 1984.
La. Code Civ. Proc. art. 3132 — LA Code / Code code-of-civil-procedure / Article 3132
Public inventory
Status: in_force

The public inventory of the property of a deceased person, or of other estates under the administration of the court, shall be taken by a notary appointed by the court, in the presence of at least two competent witnesses, assisted by two competent appraisers appointed and sworn by the notary. The witnesses and appraisers need not be residents of the parish where the inventory is taken.

The taking of the inventory may be attended by any person interested in the estate to be administered, or by his attorney; and when timely requested to do so, the notary shall give such person, or his attorney, notice by ordinary mail of the time and place thereof.
La. Code Crim. Proc. art. 277 — LA Code / Code code-of-criminal-procedure / Article 277
Appointment of agents to receive prisoner
Status: in_force

When the governor issues a requisition for extradition he shall also issue a warrant under the seal of the state, to an agent, commanding him to receive the person to be extradited and to deliver him to the proper authority.
La. Civ. Code art. 3351 — LA Code / Code civil-code / Article 3351
Ancient documents; presumptions
Status: in_force

An instrument that has been recorded for at least ten years is presumed to have been signed by all persons whose purported signatures are affixed thereto, and, if a judgment, that it was rendered by a court of competent jurisdiction.

Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005.

NOTE: Acts 2005, 1st Ex. Sess., No. 13, §1, changed the effective date of Acts 2005, No. 169, to July 1, 2006.
La. Civ. Code art. 1551 — LA Code / Code civil-code / Article 1551
Effects of acceptance
Status: in_force

A donation is effective upon acceptance. When the donation is effective, the ownership or other real right in the thing given is transferred to the donee.

Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
La. Civ. Code art. 1481 — LA Code / Code civil-code / Article 1481
Fiduciary appointment, termination
Status: in_force

Any person who, whether alone or with others, commits fraud or exercises duress or unduly influences a donor within the meaning of the preceding Articles, or whose appointment is procured by such means, shall not be permitted to serve or continue to serve as an executor, trustee, attorney or other fiduciary pursuant to a designation as such in the act of donation or the testament or any amendments or codicils thereto.

Acts 1991, No. 363, §1.
La. Civ. Code art. 1373 — LA Code / Code civil-code / Article 1373
Provisional partitions; persons authorized to demand new partition
Status: in_force

When the partition is only provisional, absent persons, minors, and persons interdicted may, if they find themselves injured thereby, demand that another be made, as provided by the section relative to the rescission of partitions.

A minor may institute this action, even before he attains the age of majority.

Amended by Acts 1979, No. 711, §1; Acts 1991, No. 107, §1.
La. Civ. Code art. 2322.1 — LA Code / Code civil-code / Article 2322.1
Users of blood or tissue; a medical service
Status: in_force

A. The screening, procurement, processing, distribution, transfusion, or medical use of human blood and blood components of any kind and the transplantation or medical use of any human organ, human tissue, or approved animal tissue by physicians, dentists, hospitals, hospital blood banks, and nonprofit community blood banks is declared to be, for all purposes whatsoever, the rendition of a medical service by each and every physician, dentist, hospital, hospital blood bank, and nonprofit community blood bank participating therein, and shall not be construed to be and is declared not to be a sale. Strict liability and warranties of any kind without negligence shall not be applicable to the aforementioned who provide these medical services.

B. In any action based in whole or in part on the use of blood or tissue by a healthcare provider, to which the provisions of Paragraph A do not apply, the plaintiff shall have the burden of proving all elements of his claim, including a defect in the thing sold and causation of his injuries by the defect, by a preponderance of the evidence, unaided by any presumption.

C. The provisions of Paragraphs A and B are procedural and shall apply to all alleged causes of action or other act, omission, or neglect without regard to the date when the alleged cause of action or other act, omission, or neglect occurred.

D. As used in this Article:

(1) "Healthcare provider" includes all individuals and entities listed in R.S. 9:2797, this Article, R.S. 40:1237.1 and R.S. 40:1231.1 whether or not enrolled with the Patient's Compensation Fund.

(2) "The use of blood or tissue" means the screening, procurement, processing, distribution, transfusion, or any medical use of human blood, blood products, and blood components of any kind and the transplantation or medical use of any human organ, human or approved animal tissue, and tissue products or tissue components by any healthcare provider.

Added by Acts 1981, No. 611, §1; Acts 1990, No. 1091, §1; Acts 1999, No. 539, §2, eff. June 30, 1999.
La. Code Civ. Proc. art. 683 — LA Code / Code code-of-civil-procedure / Article 683
Unemancipated minor
Status: in_force

A. An unemancipated minor has no procedural capacity to sue.

B. All persons having parental authority over an unemancipated minor must join as proper plaintiffs to sue to enforce a right of the minor, unless a joint custody implementation order otherwise applies. Nevertheless, with permission of the court, any person having parental authority may represent the minor whenever the other person having parental authority fails or refuses to do so.

C. During tutorship, the tutor is the proper plaintiff to sue to enforce a right of the unemancipated minor.

D. Notwithstanding the provisions of Paragraph A, B, or C of this Article, an attorney appointed by the court having jurisdiction over an unemancipated minor who is in the legal custody of the Department of Children and Family Services is the proper plaintiff to sue to enforce a right of an unemancipated minor. Upon application of the tutor or a person having parental authority who would otherwise be the proper plaintiff to sue pursuant to Paragraph B or C of this Article, the court shall appoint or substitute as the proper plaintiff the best qualified among the tutor, a person having parental authority, or the appointed attorney.

Acts 1992, No. 106, §1, eff. June 5, 1992; Acts 1993, No. 867, §1, eff. June 23, 1993; Acts 1995, No. 268, §1, eff. June 14, 1995; Acts 2004, No. 26, §2; Acts 2012, No. 741, §1; Acts 2015, No. 260, §2, eff. Jan. 1, 2016.
La. Civ. Code art. 2481 — LA Code / Code civil-code / Article 2481
Incorporeals, method of making delivery
Status: in_force

Delivery of incorporeal movable things incorporated into an instrument, such as stocks and bonds, takes place by negotiating such instrument to the buyer. Delivery of other incorporeal movables, such as credit rights, takes place upon the transfer of those movables.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Evid. art. 202 — LA Code / Code code-of-evidence / Article 202
Judicial notice of legal matters
Status: in_force

A. Mandatory. A court, whether requested to do so or not, shall take judicial notice of the laws of the United States, of every state, territory, and other jurisdiction of the United States, and of the ordinances enacted by any political subdivision within the court's territorial jurisdiction whenever certified copies of the ordinances have been filed with the clerk of that court.

B. Other legal matters. (1) A court shall take judicial notice of the following if a party requests it and provides the court with the information needed by it to comply with the request, and may take judicial notice without request of a party of:

(a) Proclamations of the President of the United States and the governor of this state.

(b) Rules of boards, commissions, and agencies of this state that have been duly published and promulgated in the Louisiana Register.

(c) Ordinances enacted by any political subdivision of the State of Louisiana.

(d) Rules which govern the practice and procedure in a court of the United States or of any state, territory, or other jurisdiction of the United States, and which have been published in a form which makes them readily accessible.

(e) Rules and decisions of boards, commissions, and agencies of the United States or of any state, territory, or other jurisdiction of the United States which have been duly published and promulgated and which have the effect of law within their respective jurisdictions.

(f) Law of foreign countries, international law, and maritime law.

(2) A party who requests that judicial notice be taken and the court, if notice is taken without request shall give reasonable notice during trial to all other parties.

C. Information by court. The court may inform itself of any of the foregoing legal matters in such manner as it may deem proper, and the court may call upon counsel to aid it in obtaining such information.

D. Time of taking notice. Judicial notice of the foregoing legal matters may be taken at any stage of the proceeding, provided that before taking judicial notice of a matter in its instructions to the jury, the court shall inform the parties before closing arguments begin.

E. Question for court. The determination of the foregoing legal matters shall be made by the court.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.