FrankGoortani/open-us-law huggingface dataset:
La. Ch. Code art. 326 — LA Code / Code childrens-code / Article 326
Competent evidence; procedures for making videotape
Status: in_force

A. A videotape of the statements of a protected person who is alleged to be the victim of or witness to a crime may be offered in evidence for or against such crime. To render such a videotape competent evidence, all of the following must be satisfactorily proved:

(1) Such electronic recording was voluntarily made by the protected person.

(2) No relative of the protected person was present in the room in which the recording was made.

(3) No attorney for either party was present when the statement was made.

(4) Such recording was not made of answers to questions calculated to lead the protected person to make any particular statement.

(5) Such recording is both visual and oral and is recorded on film or videotape or by other electronic means.

(6) Such recording is accurate, has not been altered, and reflects what the protected person said.

(7) The taking of the protected person's statement was supervised by a physician, a social worker, a law enforcement officer, a licensed psychologist, a medical psychologist, a licensed professional counselor, a civilian investigator, or an authorized representative of the department.

(8) Every voice on the recording is identified.

B. The department shall develop and promulgate regulations regarding training requirements and certification for department personnel who are authorized to supervise the taking of the protected person's statement.

C. The provisions of this Article relative to a civilian investigator's ability to render a videotape as competent evidence shall only apply to a civilian investigator within a parish with a population of not less than three hundred eighty-three thousand and not more than four hundred forty thousand as provided in the most recent federal decennial census.

Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 1999, No. 1309, §9, eff. Jan. 1, 2000; Acts 2001, No. 486, §5, eff. June 21, 2001; Acts 2004, No. 241, §2; Acts 2009, No. 251, §13; Acts 2024, No. 548, §2.
La. Civ. Code art. 477 — LA Code / Code civil-code / Article 477
Ownership; content
Status: in_force

Ownership is the right that confers on a person direct, immediate, and exclusive authority over a thing. The owner of a thing may use, enjoy, and dispose of it within the limits and under the conditions established by law.

Acts 1979, No. 180, §1; Acts 1995, No. 640, §1, eff. Jan. 1, 1996; HR 17, 1998 1 st Ex. Sess.; HCR 13, 1998 R.S.; Acts 2020, No. 20, §1.
La. Ch. Code art. 1306.16 — LA Code / Code childrens-code / Article 1306.16
Procedure to register child support order of a foreign country for modification
Status: in_force

A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the Convention may register that order in this state under Articles 1306.1 through 1306.8 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification.

Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Code Crim. Proc. art. 416.1 — LA Code / Code code-of-criminal-procedure / Article 416.1
One-step qualification/summoning
Status: in_force

A. In parishes other than Orleans, at the election of the judges of the judicial district in which the parish lies, the qualification questionnaire, subpoena, and return envelope for each person who may be selected for the petit jury venire shall be prepared by the clerk and delivered in the same computer-generated envelope to the sheriff for service. The sheriff may serve such questionnaire and subpoena by first class mail addressed to such person at his usual residence or business address. The subpoena shall state an appearance date for such person not later than three weeks after the date on which the questionnaire is to be returned.

B. The questionnaire shall contain a section for signature to acknowledge receipt of the accompanying subpoena. The addressee of the subpoena and questionnaire shall fill out, sign, and return the questionnaire in the return envelope by first class mail, within five days of receipt thereof. The signing of the questionnaire shall constitute acknowledgement of receipt of the subpoena and personal service of the subpoena on the addressee.

C. The questionnaire may constitute part of the sheriff's return and may be made part of the record. When served in accordance with this Section, a person may be cited for contempt for failing to appear in response to the subpoena.

Added by Acts 1982, No. 701, §1.
La. Code Civ. Proc. art. 4913 — LA Code / Code code-of-civil-procedure / Article 4913
Limitations upon jurisdiction; nature of proceedings; justice of the peace courts
Status: in_force

A. In addition to the limitation by the amount in dispute as set forth above, the jurisdiction of justice of the peace courts is limited by the nature of the proceeding, as set forth below.

B. A justice of the peace court has no jurisdiction in any of the following cases or proceedings:

(1) A case involving title to immovable property.

(2) A case involving the right to public office or position.

(3) A case in which the plaintiff asserts civil or political rights under the federal or state constitutions.

(4) A claim for annulment of marriage, separation from bed and board, divorce, separation of property, custody, visitation, spousal support, or child support.

(5) A succession, interdiction, receivership, liquidation, habeas corpus, or quo warranto proceeding.

(6) A case in which the state, or a parish, municipal, or other political corporation is a defendant.

(7) An executory proceeding.

(8) An adoption, tutorship, emancipation, or partition proceeding.

(9) An in rem or quasi in rem proceeding.

(10) Any other case or proceeding excepted from the jurisdiction of these courts by law.

C. In addition, a justice of the peace court may not issue any injunctive order, except to arrest the execution of its own writ and to enforce the execution of a judgment issued by a justice of the peace court or made executory in a justice of the peace court.

Acts 1986, No. 156, §1; Acts 1991, No. 545, §1; Acts 2021, No. 259, §2.
La. Code Civ. Proc. art. 1292 — LA Code / Code code-of-civil-procedure / Article 1292
Sheriff's return
Status: in_force

A. The sheriff shall endorse on a copy of the citation or other process the date, place, and method of service and sufficient other data to show service in compliance with law. He shall sign and return the copy promptly after the service to the clerk of court who issued it. The return, when received by the clerk, shall form part of the record, and shall be considered prima facie correct. The court, at any time and upon such terms as are just, may allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued.

B. In addition to the provisions of Paragraph A of this Article, when the citation or other process is a temporary restraining order, protective order, preliminary injunction, permanent injunction, or court-approved consent agreement as referenced in R.S. 46:2136.2(B), the person making the service, or his designee, shall transmit proof of service to the judicial administrator's office, Louisiana Supreme Court, for entry into the Louisiana Protective Order Registry, as provided in R.S. 46:2136.2(A), by facsimile transmission or direct electronic input as expeditiously as possible, but no later than the end of the next business day after making service, exclusive of weekends and holidays. This proof shall include, at a minimum, the case caption, docket number, type of order, serving agency and officer, and the date and time service was made.

Acts 2018, No. 679, §1.
La. Civ. Code art. 258 — LA Code / Code civil-code / Article 258
Right of appointment where parents are divorced or separated
Status: in_force

If the parents are divorced or judicially separated, only the one to whom the court has entrusted the care and custody of the children has a right to appoint a tutor for them as provided in Article 257. However, if the parents have been awarded joint custody of the children, then the right to appoint a tutor for them belongs to the parent dying last, but either parent may appoint a tutor of the property of the children as provided in Article 257. In the event that both parents appoint a tutor of the property of the children, the tutors shall separately administer that portion of the children's property which is attributable to the respective parent's estate. The court shall decide which tutor shall administer that portion of the children's property which is not attributable to either parent's estate.

Acts 1992, No. 680, §1.
La. Code Civ. Proc. art. 3861 — LA Code / Code code-of-civil-procedure / Article 3861
Definition
Status: in_force

Mandamus is a writ directing a public officer, a corporation or an officer thereof, or a limited liability company or a member or manager thereof, to perform any of the duties set forth in Articles 3863 and 3864.

Acts 2017, No. 419, §1.
La. Code Crim. Proc. art. 439 — LA Code / Code code-of-criminal-procedure / Article 439
Subpoena of witnesses to appear before the grand jury
Status: in_force

Upon request of the grand jury or the district attorney, the court shall issue a subpoena for a witness to appear before the grand jury to testify when questioned by the grand jury or district attorney, or both, concerning an offense under investigation. Upon request of the grand jury or the district attorney, the court may also issue a subpoena duces tecum. The issuance, service, and return of a subpoena provided for in this article and the effect of the return and the enforcement of the subpoena shall be as provided in Articles 731 through 737.
La. Ch. Code art. 889 — LA Code / Code childrens-code / Article 889
Disclosure of resulting evaluation report
Status: in_force

Copies of any reports of findings submitted to the court pursuant to Article 888 shall be made available to the district attorney and counsel for the child.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Civ. Code art. 876 — LA Code / Code civil-code / Article 876
Kinds of successors
Status: in_force

There are two kinds of successors corresponding to the two kinds of succession described in the preceding articles:

Testate successors, also called legatees.

Intestate successors, also called heirs.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.
La. Civ. Code art. 896 — LA Code / Code civil-code / Article 896
Separate property; rights of other collaterals
Status: in_force

If the deceased leaves neither descendants, nor brothers, sisters, or descendants from them, nor parents, nor spouse not judicially separated, nor other ascendants, his other collaterals succeed to his separate property. Among the collateral relations, the nearest in degree excludes all the others. If there are several in the same degree, they take equally and by heads.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.
La. Civ. Code art. 1994 — LA Code / Code civil-code / Article 1994
Obligor liable for failure to perform
Status: in_force

An obligor is liable for the damages caused by his failure to perform a conventional obligation.

A failure to perform results from nonperformance, defective performance, or delay in performance.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 3109 — LA Code / Code civil-code / Article 3109
Arbitrators and amicable compounders.
Status: in_force

There are two sorts of arbitrators:

The arbitrators properly so called;

And the amicable compounders.
La. Code Crim. Proc. art. 986 — LA Code / Code code-of-criminal-procedure / Article 986
Forms for the expungement of records
Status: in_force

A. Only the forms provided for in Articles 987, 988, 989, 990, 991, 992, 993, 994, 995, and 998 shall be used for filing motions to expunge a record of an arrest which did not result in a conviction, for the expungement of a record of arrest and conviction of a misdemeanor or felony offense, or for an interim motion to expunge a felony offense which resulted in a misdemeanor conviction.

B. Supplemental forms may be added to any petition as long as they adhere to the form provided for in Article 993 of this Code.

C. The clerk of court for any court in the state of Louisiana having criminal jurisdiction may amend any of the forms provided for in Articles 987, 988, 989, 990, 991, 992, 993, 994, 995, and 998 to provide the appropriate name of the court ordering an expungement of records.

Acts 2014, No. 145, §1; Acts 2015, No. 200, §1; Acts 2023, No. 342, §1.
La. Ch. Code art. 887 — LA Code / Code childrens-code / Article 887
Vacation of adjudication; grounds
Status: in_force

A. On motion of the child prior to disposition, a delinquency adjudication shall be vacated and the child discharged if, after contradictory hearing, the court finds that:

(1) The petition is substantially defective, in that an essential averment is omitted, although the child may be recharged by a new petition within the time limitations provided by law for that offense.

(2) The delinquent act charged in the petition is not based upon an offense which is punishable under a valid statute.

(3) The court making the adjudication lacked jurisdiction.

(4) The act charged constitutes double jeopardy, if not previously urged.

(5) The prosecution was not timely instituted, if not previously urged.

B. On motion of the child before disposition, an adjudication shall be vacated and a new adjudication hearing ordered if, after a contradictory hearing, the court finds that:

(1) The adjudication is not responsive to the petition, or is otherwise so defective that it will not form the basis of a valid judgment, in which case the child shall be remanded to custody or bail to await a new adjudication hearing.

(2) The adjudication was obtained by fraud or mistake sufficient to justify vacating the adjudication.

(3) The child and his counsel satisfy the requirements of Articles 851(3), 853, and 854 of the Code of Criminal Procedure regarding the discovery of new and material evidence.

(4) The adjudication judgment is contrary to the law and evidence.

C. If the court is of the opinion that the ends of justice would be served, it may vacate the adjudication prior to disposition, although the child may not be entitled to such relief as a matter of strict legal right.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Ch. Code art. 765 — LA Code / Code childrens-code / Article 765
Time for setting adjudication hearing
Status: in_force

A. If the child is in continued custody pursuant to Chapter 4 of this Title, the adjudication hearing shall commence within thirty days of the appearance to answer the petition. If the child is not continued in custody, the adjudication hearing shall commence within ninety days of the appearance to answer the petition.

B. For good cause, the court may extend such period.

C. If the hearing has not been commenced timely, upon motion of the child, the court shall release a child continued in custody and may dismiss the petition.

Acts 1991, No. 235, §7.
La. Civ. Code art. 2466 — LA Code / Code civil-code / Article 2466
No price fixed by the parties
Status: in_force

When the thing sold is a movable of the kind that the seller habitually sells and the parties said nothing about the price, or left it to be agreed later and they fail to agree, the price is a reasonable price at the time and place of delivery. If there is an exchange or market for such things, the quotations or price lists of the place of delivery or, in their absence, those of the nearest market, are a basis for the determination of a reasonable price.

Nevertheless, if the parties intend not to be bound unless a price be agreed on, there is no contract without such an agreement.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Civ. Proc. art. 3996 — LA Code / Code code-of-civil-procedure / Article 3996
Appeal
Status: in_force

A judgment granting, modifying, or terminating emancipation is not suspended during the pendency of an appeal. The validity of an act of the minor shall not be affected by the subsequent modification or termination of the judgment.

Acts 2008, No. 786, §2, eff. Jan. 1, 2009.
La. Code Civ. Proc. art. 4624 — LA Code / Code code-of-civil-procedure / Article 4624
Publication of notice
Status: in_force

Notice of the institution of the proceeding shall be published at least once in the parish where the partition proceeding is instituted, in the manner provided by law. This notice shall set forth the title and docket number of the proceeding, the name and address of the court, a description of the property sought to be partitioned, and the primary terms of the private sale and shall notify the absent defendant that the plaintiff is seeking to have the property partitioned by licitation or by private sale under Civil Code Article 811, this Chapter, and Chapter 1 of this Title, and that the absent defendant has fifteen days from the date of the publication of notice, or of the initial publication of notice if there is more than one publication, to answer the plaintiff's petition.

Acts 2020, No. 281, §2, eff. June 11, 2020; Acts 2021, No. 27, §2, eff. June 1, 2021.
La. Civ. Code art. 3047 — LA Code / Code civil-code / Article 3047
Rights of the surety
Status: in_force

A surety has the right of subrogation, the right of reimbursement, and the right to require security from the principal obligor.

Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
La. Ch. Code art. 614 — LA Code / Code childrens-code / Article 614
Evaluation orders
Status: in_force

A. If necessary, the investigator may apply to the court for certain medical examinations and evaluations of the child or other children in the household.

B. Upon a showing of good cause in an affidavit executed by the applicant, the court may order a physical examination and evaluation of the child or other children in the household by any physician. Such an order may be granted ex parte.

C. Upon a showing of good cause in an affidavit executed by the applicant and after a contradictory hearing, the court may order a psychological or psychiatric examination and evaluation of the child or other children in the household by a psychologist or psychiatrist.

D. Upon a showing of good cause in an affidavit executed by the applicant and after a contradictory hearing, the court may order a physical, psychological, or psychiatric examination of the parent or caretaker.

E. When a medical examination of a child has been conducted pursuant to Article 612(A)(4), upon a showing of good cause in an affidavit executed by the applicant and after a contradictory hearing, the court may order an additional physical examination of the child or other children in the household by any physician. For the purposes of this Paragraph, an applicant may be the investigator or the child's parent or caretaker.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1995, No. 1095, §2; Acts 2013, No. 225, §1.
La. Ch. Code art. 1037 — LA Code / Code childrens-code / Article 1037
Findings and contents of termination judgment; form
Status: in_force

A. After final submission, the court shall render its judgment within thirty days.

B.(1) When the court finds that the alleged grounds set out in any Paragraph of Article 1015 or 1015.1 are proven by the evidentiary standards required by Article 1035 and that it is in the best interest of the child, it shall order the termination of the parental rights of the parent against whom the allegations are proven. The court shall enter written findings on both issues. The consideration of the best interest of the child shall include consideration of the child's attachment to his current caretakers.

(2) When the grounds for termination set forth in Article 1015.1 have been established, it shall be considered in the best interest of the child for the parental rights of the perpetrator to be terminated.

C. The court shall enter into the record a written, signed judgment. The date of the entry of the judgment shall be recorded on the judgment.

D. A judgment terminating the parental rights of the parent shall grant custody of the child to the department, a relative who is of the age of majority and who is willing to adopt the child without an adoption subsidy, or other suitable person, in accordance with the best interest of the child.

E. A judgment terminating the parental rights of the parent shall inform the parent of his right to use the services of the voluntary registry as provided in Chapter 15 of Title XII, although failure to include such information shall not affect the validity of the termination judgment.

F. The judgment shall also certify the child for adoption if, as a result of proceedings pursuant to this Title or Titles XI and XII, the rights of all parents as defined by Article 1193 have been terminated or relinquished.

G. A copy of the judgment shall be furnished to all counsel of record and to all unrepresented parties.

Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1997, No. 256, §1; Acts 1999, No. 754, §1; Acts 2003, No. 567, §1; Acts 2023, No. 271, §1, eff. June 9, 2023.
La. Ch. Code art. 744 — LA Code / Code childrens-code / Article 744
Informal family services plan agreement
Status: in_force

A. After any preadjudication conference, the child, his caretakers, and any service provider may effect an informal family services plan agreement.

B. An informal family services plan agreement shall include:

(1) The identification of the conduct of the child, caretaker, or any family member which is causing serious harm to the child and the services needed by that individual to mitigate or eliminate the problems within the family unit.

(2) A description of the services which are needed for the child, his caretakers, or other family members, the availability of such services within the community, and a plan for ensuring that any such services that are available will be secured and delivered.

(3) A description of all expected action to be taken by the child, his caretakers, or other family members.

(4) The name of the person within the affected public service agency who is directly responsible for assuring that the informal family services plan agreement is implemented.

(5) An estimate of the time anticipated to be necessary in order to accomplish the goals set out in the agreement.

C. An informal family services plan agreement shall set forth in writing the terms and conditions agreed to by the parties. It shall be signed by the convenor of the informal adjustment conference and all parties.

D. The informal family services plan agreement must demonstrate that the child and his caretakers understand their right to an adjudication hearing on their need for services. It must also demonstrate that they consent to its terms with knowledge that their consent is not obligatory and with knowledge of the effect of the agreement as set out hereinafter in Article 745.

E. The duration of the informal family services plan agreement shall not exceed six months; however, the court may extend the agreement for one additional period not to exceed six months.

F. If a petition has been filed, the informal family services plan agreement shall be filed in the record.

Acts 1991, No. 235, §7; Acts 1992, No. 705, §1, eff. July 6, 1992.
La. Code Civ. Proc. art. 3944 — LA Code / Code code-of-civil-procedure / Article 3944
Injunctive relief in divorce actions; bond not required in certain cases
Status: in_force

Either party to an action for divorce may obtain injunctive relief as provided in Part V of Chapter 1 of Code Title V of Code Book I of Title 9 (R.S. 9:371 et seq.) of the Revised Statutes without bond.

Acts 1990, No. 1009, §4, eff. Jan. 1, 1991.