FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 741 — LA Code / Code code-of-civil-procedure / Article 741
Insurer in receivership
Status: in_force

The receiver appointed by a court of this state for a domestic insurer is the proper defendant in an action to enforce an obligation of the insurer, or of its receiver.

Except as otherwise provided by law, the ancillary receiver appointed by a court of this state for a foreign or alien insurer is the proper defendant in an action to enforce an obligation of the insurer, or of its domiciliary or ancillary receiver.
La. Code Civ. Proc. art. 4922 — LA Code / Code code-of-civil-procedure / Article 4922
Notice of judgment; justice of the peace courts; district courts with concurrent jurisdiction
Status: in_force

Notice of the signing of any final judgment shall be given as required by Article 1913, except that if the party is personally served with the judgment in open court, no further notice shall be required.

Acts 1986, No. 156, §1; Acts 2001, No. 512, §1; Acts 2015, No. 424, §1.
La. Civ. Code art. 3358 — LA Code / Code civil-code / Article 3358
Duration of recordation of certain mortgages, pledges, and privileges
Status: in_force

If an instrument creating a mortgage or pledge or evidencing a privilege describes the maturity of any obligation secured by the mortgage, pledge, or privilege and if any part of the described obligation matures nine years or more after the date of the instrument, the effect of recordation ceases six years after the latest maturity date described in the instrument.

Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005; Acts 2014, No. 281, §1, eff. Jan. 1, 2015.

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. 1938 — LA Code / Code civil-code / Article 1938
Reception of revocation, rejection, or acceptance
Status: in_force

A written revocation, rejection, or acceptance is received when it comes into the possession of the addressee or of a person authorized by him to receive it, or when it is deposited in a place the addressee has indicated as the place for this or similar communications to be deposited for him.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 2347 — LA Code / Code civil-code / Article 2347
Alienation of community property; concurrence of other spouse.
Status: in_force

A. The concurrence of both spouses is required for the alienation, encumbrance, or lease of community immovables, standing, cut, or fallen timber, furniture or furnishings while located in the family home, all or substantially all of the assets of a community enterprise, and movables issued or registered as provided by law in the names of the spouses jointly.

B. The concurrence of both spouses is required to harvest community timber.

Acts 1979, No. 709, §1; Acts 2001, No. 558, §1.
La. Civ. Code art. 1343 — LA Code / Code civil-code / Article 1343
Partition sale; coheir's right to purchase hereditary portion.
Status: in_force

Any coheir of age, at the sale of the hereditary effects, can become a purchaser to the amount of the portion owing to him from the succession, and he is not obliged to pay the surplus of the purchase money over the portion coming to him, until this portion has been definitely fixed by a partition.
La. Code Civ. Proc. art. 3308 — LA Code / Code code-of-civil-procedure / Article 3308
Appeal
Status: in_force

Only a suspensive appeal as provided in Article 2123 shall be allowed from a judgment homologating a tableau of distribution. The appeal bond shall comply with Article 2124.

The succession representative shall retain a sum sufficient to pay the amount in dispute on appeal until a definitive judgment is rendered. He shall distribute the remainder among the creditors whose claims have been approved and are not in dispute on appeal.
La. Civ. Code art. 1309 — LA Code / Code civil-code / Article 1309
Partition between possessors in common.
Status: in_force

It is not indispensable to be owner in common in order to be able to support the action of partition; possession alone, when it is lawful and proceeds from a just title, will support it.

Thus, usufructuaries of the same estate can institute among themselves the action of partition.
La. Code Civ. Proc. art. 4233 — LA Code / Code code-of-civil-procedure / Article 4233
Resignation of tutor
Status: in_force

A tutor other than a parent of the minor may resign when authorized by the court under Article 4271:

(1) If subsequent to his appointment as tutor he has been invested with an office or engaged in a service or occupation which excuses him from the obligation of serving as tutor;

(2) If he has reached the age of seventy years;

(3) If because of infirmity he has become incapable of discharging the duties of his office; or

(4) For any other reason which the court in its discretion may deem sufficient.

The resignation by a tutor shall become effective when a successor is appointed, as provided in Article 4237, and when his final account has been filed and homologated.

Amended by Acts 1974, No. 163, §1.
La. Ch. Code art. 552 — LA Code / Code childrens-code / Article 552
Definitions
Status: in_force

As used in this Chapter:

(1) "Child abuse and neglect case" means a child protection proceeding conducted by a court exercising juvenile jurisdiction involving the abuse or neglect of children as provided specifically in Titles VI, X, XI, and XII of the Louisiana Children's Code.

(2) "Program" means a program approved by the Louisiana Supreme Court to provide qualified legal representation of children in child abuse and neglect cases.

Acts 2006, No. 271, §1; Acts 2014, No. 354, §1.
La. Civ. Code art. 3044 — LA Code / Code civil-code / Article 3044
Ordinary suretyship; interpretation
Status: in_force

An ordinary suretyship is one that is neither a commercial suretyship nor a legal suretyship.

An ordinary suretyship must be strictly construed in favor of the surety.

Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
La. Code Civ. Proc. art. 3211 — LA Code / Code code-of-civil-procedure / Article 3211
Duty to take possession; enforcement of claims and obligations
Status: in_force

A succession representative shall be deemed to have possession of all property of the succession and shall enforce all obligations in its favor.
La. Ch. Code art. 521 — LA Code / Code childrens-code / Article 521
Purpose
Status: in_force

The purpose of this Chapter is to protect children whose physical or mental health and welfare is substantially at risk of harm by sexual abuse, other physical abuse, neglect, or exploitation, and who may be further threatened by the conduct of others, by providing for interprofessional and interagency cooperation in the investigation of such allegations; by facilitating the exchange of information among agencies, serving as a meeting place of multidisciplinary investigative teams, and as a place of referral for interviewing child victims; by using a multidisciplinary team and case management approach thereby reducing to a minimum the number of times a child victim is questioned, thus reducing further trauma to the child; by providing for the training and continuing education of skilled professional interviewers of child victims; by collecting data, thereby improving cooperative interagency investigations; by providing the services needed by child victims and their families thereby assisting them in their recovery process; by maintaining the confidentiality of center records, in order to ensure the protection of the privacy of the child, his family, and any accused perpetrator; and by developing community outreach programs, thereby enhancing the community's understanding of child abuse.

Acts 2003, No. 749, §1.
La. Civ. Code art. 3440 — LA Code / Code civil-code / Article 3440
Protection of precarious possession
Status: in_force

Where there is a disturbance of possession, the possessory action is available to a precarious possessor, such as a lessee, against anyone except the person for whom he possesses.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983; Acts 2023, No. 421, §1.
La. Code Crim. Proc. art. 349 — LA Code / Code code-of-criminal-procedure / Article 349
Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Status: repealed

Acts 2010, No. 710, §2; Acts 2010, No. 914, §1; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
La. Civ. Code art. 1262 — LA Code / Code civil-code / Article 1262
Partial destruction of immovable after election to collate in kind.
Status: in_force

If the immovable property be only destroyed in part, it shall be collated in the state in which it is.
La. Civ. Code art. 3223 — LA Code / Code civil-code / Article 3223
Depositor's privilege on price in case of sale.
Status: in_force

If the depositary abuses his trust, by alienating the thing confided to his care, or if his heirs sell it, not knowing that it had been given in deposit, the depositor retains his privilege on the price which shall be due.
La. Ch. Code art. 1285.17 — LA Code / Code childrens-code / Article 1285.17
Refusal of final decree
Status: in_force

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

Acts 2013, No. 86, §1.
La. Code Civ. Proc. art. 5122 — LA Code / Code code-of-civil-procedure / Article 5122
Oath of surety and principal on bond
Status: in_force

A. Except as otherwise provided in this Article, no bond shall be accepted in a judicial proceeding unless accompanied by affidavits of:

(1) Each surety that he is worth the amount for which he bound himself therein, in assets subject to execution, over and above all of his other obligations.

(2) The party furnishing the bond that he is informed and believes that each surety on the bond is worth the amount for which the surety has bound himself therein, in assets subject to execution, over and above all of the other obligations of the surety.

(3) The party furnishing a bond secured by immovable property under Article 5121.1 that he is worth the amount for which he has bound himself and that the immovable securing the bond contains assets subject to execution, over and above all his other obligations.

B. This Article does not apply to a bond executed by a surety company licensed to do business in this state.

Amended by Acts 1984, No. 200, §1.
La. Civ. Code art. 1867 — LA Code / Code civil-code / Article 1867
Imputation by obligee
Status: in_force

An obligor who has accepted a receipt that imputes payment to one of his debts may no longer demand imputation to another debt, unless the obligee has acted in bad faith.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Ch. Code art. 1435 — LA Code / Code childrens-code / Article 1435
Filing; venue
Status: in_force

A. The petition may be filed in the judicial district in which the minor respondent is confined or, if not confined, in the judicial district where he resides or may be found.

B. Before the hearing, the minor respondent may move for a change of venue to the parish of his domicile, which motion shall be granted only for compelling reasons. If the minor respondent is confined to a hospital, the judge of the court where the petition was filed may hold the hearing on such commitment at the treatment facility where he is confined, if in the opinion of at least one of the physicians appointed by the court to examine him, it will be detrimental to the minor's health, welfare, or dignity to travel to the court where the petition was filed.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 44 — LA Code / Code code-of-civil-procedure / Article 44
Waiver of objections to venue
Status: in_force

A. An objection to the venue may not be waived prior to the institution of the action.

B. The venue provided in Articles 2006, 2811, 2812, 3941, 3993, 4031 through 4034, and 4542 may not be waived.

C. Except as otherwise provided in this article or by other law, any objection to the venue, including one based on any article in this Chapter, is waived by the failure of the defendant to plead the declinatory exception timely as provided in Article 928.

Amended by Acts 1961, No. 23, §1; Acts 2010, No. 185, §1.
La. Civ. Code art. 1783 — LA Code / Code civil-code / Article 1783
Impairment or failure of security
Status: in_force

When the obligation is subject to a term and the obligor fails to furnish the promised security, or the security furnished becomes insufficient, the obligee may require that the obligor, at his option, either perform the obligation immediately or furnish sufficient security. The obligee may take all lawful measures to preserve his right.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Ch. Code art. 1284.4 — LA Code / Code childrens-code / Article 1284.4
Effect of final decree
Status: in_force

The final decree of adoption shall have the same force and effect as any final decree of adoption rendered by a court of this state.

Acts 2013, No. 86, §1.
La. Civ. Code art. 1335 — LA Code / Code civil-code / Article 1335
Matters incidental to partition; procedure.
Status: in_force

All points, arising before the judge having cognizance of the suit for partition, on the manner of making the collation or other operations relating to the partition, being merely incidental to the suit, shall be decided on the simple motion of the party interested in having them decided, the same being duly notified to the other heirs or their attorneys, and a reasonable time being granted to answer thereto.
La. Code Civ. Proc. art. 4848 — LA Code / Code code-of-civil-procedure / Article 4848
Contempt power
Status: in_force

A city court and parish court have the same power to punish a contempt of court as a district court.

Acts 1986, No. 156, §1.

{{NOTE: SEE ACTS 1986, NO. 156, §3.}}
La. Civ. Code art. 1998 — LA Code / Code civil-code / Article 1998
Damages for nonpecuniary loss
Status: in_force

Damages for nonpecuniary loss may be recovered when the contract, because of its nature, is intended to gratify a nonpecuniary interest and, because of the circumstances surrounding the formation or the nonperformance of the contract, the obligor knew, or should have known, that his failure to perform would cause that kind of loss.

Regardless of the nature of the contract, these damages may be recovered also when the obligor intended, through his failure, to aggrieve the feelings of the obligee.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 1096 — LA Code / Code civil-code / Article 1096
Intestate succession, definition.
Status: in_force

A succession is called intestate when the deceased has left no will, or when his will has been revoked or annulled as irregular.

Therefore the heirs to whom a succession has fallen by the effects of law only, are called heirs ab intestato.
La. Code Civ. Proc. art. 3783 — LA Code / Code code-of-civil-procedure / Article 3783
Answer
Status: in_force

A written answer to a petition for a writ shall be filed not later than the time fixed for the hearing.
La. Civ. Code art. 2688 — LA Code / Code civil-code / Article 2688
Obligation to inform lessor
Status: in_force

The lessee is bound to notify the lessor without delay when the thing has been damaged or requires repair, or when his possession has been disturbed by a third person. The lessor is entitled to damages sustained as a result of the lessee's failure to perform this obligation.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Code Civ. Proc. art. 4607 — LA Code / Code code-of-civil-procedure / Article 4607
Partition by licitation or by private sale
Status: in_force

When a partition is to be made by licitation, the sale shall be conducted at public auction and after the advertisements required for judicial sales under execution. When a partition is to be made at private sale without the consent of all co-owners, the sale shall be for not less than the appraised value of the property, and documents required pursuant to a court order shall be executed on behalf of the absentee or nonconsenting co-owner by a court-appointed representative, who may be a co-owner, after the advertisements required for judicial sales under execution are made. All counsel of record, including attorneys appointed to represent absentee defendants, and persons appearing in proper person shall be given notice of the sale date. At any time prior to the sale, the parties may agree upon a nonjudicial partition.

Acts 1990, No. 832, §1; Acts 2020, No. 281, §2, eff. June 11, 2020; Acts 2021, No. 27, §2, eff. June 1, 2021; Acts 2025, No. 250, §3.
La. Civ. Code art. 3528 — LA Code / Code civil-code / Article 3528
Formal validity of testamentary dispositions
Status: in_force

A testamentary disposition is valid as to form if it is in writing and is made in conformity with: (1) the law of this state; or (2) the law of the state of making at the time of making; or (3) the law of the state in which the testator was domiciled at the time of making or at the time of death; or (4) with regard to immovables, the law that would be applied by the courts of the state in which the immovables are situated.

Acts 1991, No. 923, §1, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 961 — LA Code / Code code-of-civil-procedure / Article 961
Written motion required; exception
Status: in_force

An application to the court for an order, if not presented in some other pleading, shall be by motion which, unless made during trial or hearing or in open court, shall be in writing.
La. Civ. Code art. 1809 — LA Code / Code civil-code / Article 1809
Choice belongs to the obligor
Status: in_force

When an obligation is alternative, the choice of the item of performance belongs to the obligor unless it has been expressly or impliedly granted to the obligee.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Civ. Proc. art. 1841 — LA Code / Code code-of-civil-procedure / Article 1841
Judgments, interlocutory and final
Status: in_force

A judgment is the determination of the rights of the parties in an action and may award any relief to which the parties are entitled. It may be interlocutory or final.

A judgment that does not determine the merits but only preliminary matters in the course of the action is an interlocutory judgment.

A judgment that determines the merits in whole or in part is a final judgment.
La. Code Crim. Proc. art. 611 — LA Code / Code code-of-criminal-procedure / Article 611
Venue; trial where offense committed
Status: in_force

A. All trials shall take place in the parish where the offense has been committed, unless the venue is changed. If acts constituting an offense or if the elements of an offense occurred in more than one place, in or out of the parish or state, the offense is deemed to have been committed in any parish in this state in which any such act or element occurred.

B. If the offender is charged with any criminal homicide enumerated in R.S. 14:29 or any other crime involving the death of a human being and it cannot be determined where the offense or the elements of the offense occurred, the offense is deemed to have been committed in the parish where the body of the victim was found.

C. If the offender is charged with any of the following offenses, the offense is deemed to have been committed either in the parish where the offense occurred or where the victim resides:

(1) R.S. 14:67.16, identity theft.

(2) R.S. 14:70.4, access device fraud.

(3) R.S. 14:70.8, illegal transmission of monetary funds.

(4) R.S. 14:71.1, bank fraud.

(5) R.S. 14:72, forgery.

(6) R.S. 14:72.2, monetary instrument abuse.

D.(1) If the offender is charged with the crime of accessory after the fact, the offense is deemed to have been committed either in the parish where the principal felony was committed or in the parish where any act or element constituting the basis for the accessory after the fact prosecution occurred.

(2) If the offender is charged with the crime of obstruction of justice, the offense is deemed to have been committed either in the parish of the underlying actual or potential present, past, or future criminal proceeding or investigation or in the parish where any act or element constituting the basis for the obstruction of justice prosecution occurred.

E. If the offender is charged with a violation of R.S. 14:110, the offense is deemed to have been committed in either of the following:

(1) The parish of the court that ordered or sentenced home incarceration, confinement, or any other legal restraint.

(2) The parish where any act or element occurs in violation of R.S. 14:110.

Acts 2004, No. 379, §1; Acts 2006, No. 158, §1; Acts 2017, No. 164, §1, eff. June 12, 2017; Acts 2018, No. 125, §1; Acts 2024, No. 263, §1.
La. Ch. Code art. 1412 — LA Code / Code childrens-code / Article 1412
Petition; venue
Status: in_force

A. The petition shall be filed in the court of the jurisdiction in which the patient is confined or, if the minor is currently under a disposition by a juvenile court, the hearing shall be held in that juvenile court.

B. The hearing shall be held in that court and no other except for good cause shown.

C. The judge of the court where the petition was filed may hold the hearing at the treatment facility where the minor is confined, if in the opinion of the director of the treatment facility it will be detrimental to the patient's health, welfare, or dignity to travel to the court where the petition was filed.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
La. Code Evid. art. 1001 — LA Code / Code code-of-evidence / Article 1001
Definitions
Status: in_force

For purposes of this Chapter the following definitions are applicable:

(1) Writings and recordings. "Writings" and "recordings" consist of letters, words, numbers, sounds, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form of data compilation.

(2) Photographs. "Photographs" include still photographs, X-ray films, video tapes, motion pictures, and their equivalents.

(3) Original. An "original" of a writing or recording is the writing or recording itself or any counterpart intended to have the same effect by a person executing or issuing it. An "original" of a photograph includes the negative or any print therefrom. If data are stored in or copied onto a computer or similar device, including any portable or hand-held computer or electronic storage device, any printout or other output readable by sight, shown to reflect the data accurately, is an "original".

(4) Optical disk imaging system. An "optical disk imaging system" is a storage system that utilizes non-erasable Write Once Read Many (WORM) optical storage technology to record information on an optical disk with the use of laser technology, and that utilizes laser technology to retrieve and read previously stored information.

(5) Duplicate. A "duplicate" is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic re-recording, or electronic imaging, or by chemical reproduction, or by an optical disk imaging system, or by other equivalent techniques, which accurately reproduces the original.

(6) Electronic imaging. "Electronic imaging" is the process of storing and retrieving any record, document, data, or other information through the use of electronic data processing, or computerized, digital, or optical scanning, or other electronic imaging system.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989; Acts 1995, No. 346, §1; Acts 2001, No. 941, §1; Acts 2003, No. 1135, §1, eff. July 2, 2003.
La. Civ. Code art. 43 — LA Code / Code civil-code / Article 43
Domicile of person under continued or permanent tutorship
Status: in_force

The domicile of a person under continued or permanent tutorship is that of his tutor.

Acts 2008, No. 801, §1, eff. Jan. 1, 2009.