FrankGoortani/open-us-law huggingface dataset:
La. Ch. Code art. 320 — LA Code / Code childrens-code / Article 320
Indigency determination
Status: in_force

A. For purposes of the appointment of counsel, children are presumed to be indigent.

B. Except as provided in Article 608, the determination of the indigency of any person entitled to counsel in accordance with this Code may be made by the court at any stage of the proceedings. If necessary, the person shall be allowed to summon witnesses to testify before the court concerning the person's financial ability to employ counsel.

C.(1) In determining whether a person is indigent and entitled to the appointment of counsel, the court shall consider whether the person is a needy person and the extent of the person's ability to pay.

(2) The court shall consider such factors as income, property owned, outstanding obligations, and the number and ages of dependents.

(3) Release on bail shall not alone disqualify either an adult or child for appointment of counsel.

D. In each case, subject to the penalty of perjury, the person shall certify in writing the material factors relating to the person's ability to pay as the court prescribes.

Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2010, No. 593, §1; Acts 2022, No. 272, §1.
La. Code Civ. Proc. art. 5098 — LA Code / Code code-of-civil-procedure / Article 5098
Validity of proceeding not affected by failure of attorney to perform duties; punishment of attorney
Status: in_force

The failure of an attorney appointed by the court to represent an unrepresented party to perform any duty imposed upon him by, or the violation by any person of, the provisions of Articles 5092 through 5096 shall not affect the validity of any proceeding, trial, order, judgment, seizure, or judicial sale of any property in the action or proceeding, or in connection therewith.

For a wilful violation of any provision of Articles 5092 through 5096 an attorney at law subjects himself to punishment for contempt of court, and such further disciplinary action as is provided by law.
La. Code Civ. Proc. art. 4062 — LA Code / Code code-of-civil-procedure / Article 4062
Tutorship by will
Status: in_force

The court shall appoint as tutor the person nominated as such in a testament or an authentic act, upon his furnishing security and taking an oath, as provided in Articles 4131 and 4171, unless he is disqualified or unless for some other reason the court determines that the appointment would not be for the best interest of the minor.
La. Ch. Code art. 1025.2 — LA Code / Code childrens-code / Article 1025.2
Stipulation; consent to judgment; resident, nonresident parents
Status: in_force

The parent whose rights are sought to be terminated may stipulate that the grounds alleged in the petition are true provided that all of the following occur:

(1) He personally appears before the court. A parent who resides either in another parish or in another state may personally appear before the court exercising juvenile court jurisdiction in his place of residence.

(2) The court fully informs him of his rights and the consequences of such a stipulation.

(3) The parent knowingly and voluntarily consents to the judgment.

Acts 1997, No. 256, §1.
La. Code Civ. Proc. art. 192 — LA Code / Code code-of-civil-procedure / Article 192
Appointment of expert witnesses; expenses
Status: in_force

A. The appointment of expert witnesses is controlled by Louisiana Code of Evidence Article 706.

B. The reasonable fees and expenses of these experts shall be taxed as costs of court.

Amended by Acts 1988, No. 515, §2, eff. Jan. 1, 1989.
La. Civ. Code art. 3301 — LA Code / Code civil-code / Article 3301
Creation of legal mortgage
Status: in_force

A legal mortgage is created by complying with the law providing for it.

Acts 1992, No. 1132, §2, eff. Jan. 1, 1993.
La. Code Crim. Proc. art. 276 — LA Code / Code code-of-criminal-procedure / Article 276
Documents to be filed with application for requisition
Status: in_force

The application for a requisition shall be verified by affidavit, executed in duplicate, and accompanied by two certified copies of all documents that are required for extradition by the law of the state from which the wanted person is to be returned. One copy of the application, with the action of the governor indicated by endorsement thereon, and one of the certified copies of the required documents, shall be filed in the office of the secretary of state. The other copies of all papers shall be forwarded with the governor's requisition. Failure to meet the requirements of this article, or of Articles 274 and 275, will not invalidate a requisition issued by the governor.
La. Code Civ. Proc. art. 3396.11 — LA Code / Code code-of-civil-procedure / Article 3396.11
Possibility of renunciation
Status: in_force

A. The subsequent renunciation of an heir or legatee who has consented to an independent administration shall have no effect on the validity of the independent administration, and the consent of those persons who receive an interest in the succession by reason of the renunciation is not required.

B. A successor who concurs in the application for independent administration of an estate shall not be considered, for that reason, as having formally or informally accepted the succession.

Acts 2001, No. 974, §1.
La. Civ. Code art. 727 — LA Code / Code civil-code / Article 727
Servitude on part of an estate.
Status: in_force

A predial servitude may be established on a certain part of an estate, if that part is sufficiently described.

Acts 1977, No. 514, §1.
La. Civ. Code art. 958 — LA Code / Code civil-code / Article 958
Informal acceptance; use or disposition of property
Status: in_force

Acts of the successor concerning property that he does not know belongs to the estate do not imply an intention to accept.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Civ. Code art. 1287 — LA Code / Code civil-code / Article 1287
Collation of movables or money by taking less; payment in succession effects.
Status: in_force

But if there is not sufficient money in the succession to pay such heirs the collation due to them, they shall pay themselves by taking an equivalent in the other movables or immovables of the succession, as is directed with respect to the collation of immovable property.
La. Civ. Code art. 872 — LA Code / Code civil-code / Article 872
Meaning of estate
Status: in_force

The estate of a deceased means the property, rights, and obligations that a person leaves after his death, whether the property exceeds the charges or the charges exceed the property, or whether he has only left charges without any property. The estate includes not only the rights and obligations of the deceased as they exist at the time of death, but all that has accrued thereto since death, and the new charges to which it becomes subject.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.
La. Ch. Code art. 855 — LA Code / Code childrens-code / Article 855
Advice of rights at appearance to answer
Status: in_force

A. When the child appears to answer the petition, the court shall first determine that the child is capable of understanding statements about his rights under this Code.

B. If the child is capable, the court shall then advise the child of the following items in terms understandable to the child:

(1) The nature of this delinquency proceeding.

(2) The nature of the allegations of the petition.

(3) His right to an adjudication hearing.

(4) His right to be represented by an attorney, his right to have counsel appointed as provided in Article 809, and his right in certain circumstances authorized by Article 810 to waive counsel.

(5) His privilege against self-incrimination.

(6) The range of responses authorized under Article 856.

(7) The possible consequences of his admission that the allegations are true, including the maximum and minimal dispositions which the court may impose pursuant to Articles 897 through 900. In addition, if the child is fourteen years of age or older and the petition charges the child with the perpetration, attempted perpetration, or conspiracy to commit any of the following offenses, the court shall inform the child that, if he admits to allegations of the petition, or the allegations of the petition are found to be true, he may be required to register as a sex offender pursuant to Chapter 3-B of Title 15 of the Louisiana Revised Statutes of 1950, and the court shall inform the child regarding applicable required registrations and their duration:

(a) Aggravated or first degree rape as defined in R.S. 14:42.

(b) Forcible or second degree rape as defined in R.S. 14:42.1.

(c) Second degree sexual battery as defined in R.S. 14:43.2.

(d) Aggravated kidnapping of a child who has not attained the age of thirteen years pursuant to R.S. 14:44 or 44.2.

(e) Second degree kidnapping of a child who has not attained the age of thirteen years as defined in R.S. 14:44.1.

(f) Aggravated crime against nature defined by R.S. 14:89.1(A)(2) involving circumstances defined by R.S. 15:541 as an aggravated offense.

(g) Aggravated crime against nature as defined in R.S. 14:89.1(A)(1).

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2010, No. 594, §1; Acts 2014, No. 602, §1, eff. June 12, 2014; Acts 2015, No. 184, §8.
La. Code Crim. Proc. art. 201 — LA Code / Code code-of-criminal-procedure / Article 201
Arrest defined
Status: in_force

Arrest is the taking of one person into custody by another. To constitute arrest there must be an actual restraint of the person. The restraint may be imposed by force or may result from the submission of the person arrested to the custody of the one arresting him.
La. Code Civ. Proc. art. 4642 — LA Code / Code code-of-civil-procedure / Article 4642
Partition in kind, dispensing with drawing of lots when authorized by court
Status: in_force

A. Property may be divided in kind without the necessity of drawing lots therefor when all of the co-owners who are competent agree to the proposed partition, and the court has authorized it on behalf of the incompetent co-owner, as provided in Articles 4271 and 4566.

B. In such event there is no necessity for a judicial partition, and the division of the property may be made by agreement of the co-owners, with the legal representative of an incompetent co-owner executing the act of partition in behalf of the incompetent whom he represents.
La. Code Civ. Proc. art. 2295 — LA Code / Code code-of-civil-procedure / Article 2295
Order of sale; sale in globo
Status: in_force

If several items of property have been seized, or if one item of property which is divisible into portions has been seized, the judgment debtor, at any time prior to the first advertisement, may designate the order in which the items or portions of property will be sold, except that the judgment creditor can direct the sale of property on which he has a mortgage, or a privilege other than that resulting from the seizure.

If the judgment debtor does not designate the order of sale, the order of sale shall be at the discretion of the sheriff.

When property is offered by items or portions and the total price bid is insufficient to satisfy the judgment, with interest and costs, or if the judgment debtor so requests, the property shall be offered in globo and thus sold if a higher bid is obtained.
La. Civ. Code art. 3164 — LA Code / Code civil-code / Article 3164
Modification of contract from which a pledged obligation arises
Status: in_force

The parties to a contract from which a pledged obligation arises may agree to modify or terminate the contract or to substitute a new contract. If made in good faith, the agreement is effective against the pledgee without his consent. Nevertheless, after written notice of the pledge is given to the obligor of a pledged obligation that has been fully earned by the pledgor's performance, an agreement modifying or extinguishing the pledged obligation is without effect against the pledgee unless made with his consent.

Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
La. Civ. Code art. 1937 — LA Code / Code civil-code / Article 1937
Time when revocation is effective
Status: in_force

A revocation of a revocable offer is effective when received by the offeree prior to acceptance.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Crim. Proc. art. 799 — LA Code / Code code-of-criminal-procedure / Article 799
Number of peremptory challenges
Status: in_force

In trials of offenses punishable by death or necessarily by imprisonment at hard labor, each defendant shall have twelve peremptory challenges, and the state twelve for each defendant. In all other cases, each defendant shall have six peremptory challenges, and the state six for each defendant.

Acts 1983, No. 495, §1; Acts 1985, No. 952, §1.
La. Code Civ. Proc. art. 1433 — LA Code / Code code-of-civil-procedure / Article 1433
Deposition after trial
Status: in_force

A. If an appeal has been taken from a judgment of a district court or before the taking of an appeal if the time has not expired, the district court in which the judgment was rendered may allow the taking of the depositions of witnesses to perpetuate their testimony for use in the event of further proceedings in the district court. In such case the party who desires to perpetuate the testimony may make a motion in the district court for leave to take the depositions, upon the same notice and service thereof as if the action was pending in the district court. The motion shall show:

(1) The names and addresses of persons to be examined and the substance of the testimony which he expects to elicit from each.

(2) The reasons for perpetuating their testimony.

B. If the court finds that the perpetuation of the testimony is proper to avoid a failure or delay of justice, it may make an order allowing the depositions to be taken and may make orders of the character provided for in Articles 1461 through 1465, and thereupon the depositions may be taken and used in the same manner and under the same conditions as are prescribed in this Chapter for depositions taken in actions pending in the court.

C. In aid of execution of the judgment, the district court in which the judgment was rendered may, upon motion of the judgment creditor, allow the taking of a third person's deposition, as provided in Article 2451, upon the same notice and service thereof as if the action was pending in the district court. The person whose deposition is so ordered shall be reimbursed by the judgment creditor for the reasonable costs incurred or to be incurred in the course of complying with the order, including document reproduction costs and travel expenses.

Acts 1976, No. 574, §1; Acts 1990, No. 1000, §1.
La. Code Civ. Proc. art. 2789 — LA Code / Code code-of-civil-procedure / Article 2789
Confirmed registered support order for modification; effect
Status: in_force

A. Upon confirming the registration of the support order, the registering court shall have continuing jurisdiction to modify the support order.

B. The clerk of the registering court shall issue notice of the confirmation to the rendering court or, if the support order has been previously registered and confirmed for modification in another court of this state, to the last registering court. Upon receipt of the notice, the rendering court or, if applicable, the last registering court shall cause the notice to be filed in the proceedings in which the support order was rendered or registered and that court shall be divested of jurisdiction to modify the support order retroactively to the original notice of registration filed therein unless it is subsequently registered therein for modification.

C. When confirmed, the registered support order shall be treated in the same manner and have the same effect as a support order issued by the registering court. Additionally, the confirmed registered support order is subject to the same procedures, defenses, and proceedings for modifying, vacating, or staying as a support order of the rendering court, and may be enforced and satisfied in a like manner.

Added by Acts 1997, No. 603, §2; Acts 1999, No. 210, §1.
La. Civ. Code art. 2345 — LA Code / Code civil-code / Article 2345
Satisfaction of obligation during community.
Status: in_force

A separate or community obligation may be satisfied during the community property regime from community property and from the separate property of the spouse who incurred the obligation.

Acts 1979, No. 709, §1.
La. Code Civ. Proc. art. 2904 — LA Code / Code code-of-civil-procedure / Article 2904
Admissibility of videotape of execution of testament
Status: in_force

A. In a contradictory trial to probate a testament under Article 2901 or an action to annul a probated testament under Article 2931, and provided the testator is sworn by a person authorized to take oaths and the oath is recorded on the videotape, the videotape of the execution and reading of the testament by the testator may be admissible as evidence of any of the following:

(1) The proper execution of the testament.

(2) The intentions of the testator.

(3) The mental state or capacity of the testator.

(4) The authenticity of the testament.

(5) Matters that are determined by a court to be relevant to the probate of the testament.

B. For purposes of this Article, "videotape" means the visual recording on a magnetic tape, film, videotape, compact disc, digital versatile disc, digital video disc, or by other electronic means together with the associated oral record.

Acts 2005, No. 79, §1.
La. Ch. Code art. 648 — LA Code / Code childrens-code / Article 648
Advice of rights at appearance to answer petition
Status: in_force

At the appearance to answer, the court shall advise the parent and the child of their rights and responsibilities pursuant to Articles 625 and 625.1, unless they were so advised at a previous hearing.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2024, No. 92, §1.
La. Code Civ. Proc. art. 4630 — LA Code / Code code-of-civil-procedure / Article 4630
Partition in kind when defendant appears and prays therefor
Status: in_force

If the property sought to be partitioned is divisible in kind, and the defendant timely answers through counsel of his own selection and prays therefor, the court shall render judgment ordering the partition to be made in kind, under the applicable provisions of Chapter 1 of this Title.
La. Civ. Code art. 358.1 — LA Code / Code civil-code / Article 358.1
Limited continuing tutorship; authority; privileges and duties of tutor and undertutor
Status: in_force

The granting of a decree of limited continuing tutorship shall confer upon the tutor and undertutor only the authority, privileges, and responsibilities required to protect the interest of the person under limited continuing tutorship.

Acts 2024, No. 123, §1.
La. Civ. Code art. 683 — LA Code / Code civil-code / Article 683
Neighbor's right to make the raised part common.
Status: in_force

The neighbor who does not contribute to the raising of the common wall may at any time cause the raised part to become common by paying to its owner one-half of its current value.

Acts 1977, No. 514, §1.
La. Civ. Code art. 739 — LA Code / Code civil-code / Article 739
Acquisition by title only.
Status: in_force

Nonapparent servitudes may be acquired by title only, including a declaration of destination under Article 741.

Acts 1977, No. 514, §1. Amended by Acts 1978, No. 479, §1.
La. Ch. Code art. 1307.9 — LA Code / Code childrens-code / Article 1307.9
Partial enforcement
Status: in_force

If a tribunal of this state does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order.

Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Ch. Code art. 770 — LA Code / Code childrens-code / Article 770
Burden of proof
Status: in_force

The petitioner shall prove the allegations of the petition by a preponderance of evidence.

Acts 1991, No. 235, §7.
La. Code Civ. Proc. art. 1735 — LA Code / Code code-of-civil-procedure / Article 1735
Specification of issues
Status: in_force

In his demand a party may specify the issues which he wishes to be tried by jury; otherwise, he shall be considered to have demanded trial by jury for all the issues so triable. If he has demanded trial by jury for only some of the issues, any other party, within ten days after service of the demand, may demand trial by jury of any or all of the other issues in the action.

Acts 1983, No. 534, §1.
La. Code Civ. Proc. art. 4069 — LA Code / Code code-of-civil-procedure / Article 4069
Separate tutor of property
Status: in_force

A. In exceptional cases and for good cause shown, the court may appoint a bank or another person as administrator or tutor of the property of the minor. This appointment may be made upon the court's own motion or upon the motion of the tutor or other person entitled to the tutorship if no tutor has been previously appointed, or upon motion of any interested person after a contradictory hearing with the tutor, administrator, or person entitled to the tutorship or the administration.

B. If a person is appointed as tutor or administrator of the minor's property, pursuant to this Article or Civil Code Article 258, that person shall furnish security as provided in Article 4131.

Acts 1992, No. 680, §2.
La. Civ. Code art. 3043 — LA Code / Code civil-code / Article 3043
Legal suretyship
Status: in_force

A legal suretyship is one given pursuant to legislation, administrative act or regulation, or court order.

Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
La. Civ. Code art. 2043 — LA Code / Code civil-code / Article 2043
Assets transferred must be returned
Status: in_force

If an obligee establishes his right to annul his obligor's act, or the result of his obligor's failure to act, that act or result shall be annulled only to the extent that it affects the obligee's right.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Crim. Proc. art. 834 — LA Code / Code code-of-criminal-procedure / Article 834
When presence of defendant not necessary
Status: in_force

The defendant has a right to be present, but his presence is not essential to the validity of any of the following proceedings in a criminal prosecution:

(1) The making, hearing of, or ruling on a preliminary motion or application addressed to the court;

(2) The making, hearing of, or ruling on a motion or application addressed to the court during the trial when the jury is not present; except as provided in Clause (4) of Article 831; and

(3) The making, hearing of, or ruling on a motion or application made after his conviction.
La. Civ. Code art. 2357 — LA Code / Code civil-code / Article 2357
Satisfaction of obligation after termination of regime
Status: in_force

An obligation incurred by a spouse before or during the community property regime may be satisfied after termination of the regime from the property of the former community and from the separate property of the spouse who incurred the obligation. The same rule applies to an obligation for attorney's fees and costs in an action for divorce incurred by a spouse between the date the petition for divorce was filed and the date of the judgment of divorce that terminates the community regime.

If a spouse disposes of property of the former community for a purpose other than the satisfaction of community obligations, he is liable for all obligations incurred by the other spouse up to the value of that community property.

A spouse may by written act assume responsibility for one-half of each community obligation incurred by the other spouse. In such case, the assuming spouse may dispose of community property without incurring further responsibility for the obligations incurred by the other spouse.

Acts 1979, No. 709, §1; Acts 1990, No. 1009, §3, eff. Jan. 1, 1991.