FrankGoortani/open-us-law huggingface dataset:
La. Code Crim. Proc. art. 732.1 — LA Code / Code code-of-criminal-procedure / Article 732.1
Subpoena duces tecum regarding sex offenses against victims who are minors
Status: in_force

A. The Department of Public Safety and Corrections, office of state police, the office of the attorney general, any agency that is a member of the Department of Justice Internet Crimes Against Children Task Force, or the sheriff's office investigating any sex offense as defined in R.S. 15:541 where the victim is a minor, or the offender reasonably believes that the victim is a minor, shall have the administrative authority to issue in writing and cause to be served a subpoena requiring the production and testimony described in Paragraph B of this Article upon reasonable cause to believe that an Internet service account, or online identifier as defined in R.S. 15:541(20), has been used in the commission of the offense, or in the exploitation or attempted exploitation of children.

B. Except as provided in Paragraph C of this Article, a subpoena issued under this Article may require the production of the following records or other documentation relevant to the investigation:

(1) Electronic mail address.

(2) Internet username.

(3) Internet protocol address.

(4) Name of account holder.

(5) Billing and service address.

(6) Telephone number.

(7) Account status.

(8) Method of access to the Internet.

(9) Automatic number identification records if access is by modem.

C. The following information shall not be subject to disclosure pursuant to an administrative subpoena issued pursuant to the provisions of this Article but shall be subject to disclosure pursuant to other lawful process:

(1) In-transit electronic communications.

(2) Account memberships related to Internet groups, newsgroups, mailing lists, or specific areas of interest.

(3) Account passwords.

(4) Account content, including electronic mail in any form, address books, contacts, financial records, web surfing history, Internet proxy content, or files or other digital documents stored with the account or pursuant to use of the account.

D. A subpoena issued pursuant to this Article shall describe the objects required to be produced and shall prescribe a return date with a reasonable period of time within which the objects can be assembled and made available.

E. If no case or proceeding arises from the production of records or other documentation pursuant to this Section and the time limitation for initiation of prosecution has expired, the Department of Public Safety and Corrections, office of state police, the sheriff's office, or the office of the attorney general shall destroy the records and documentation.

F. Except as provided in this Article, any information, records, or data reported or obtained pursuant to a subpoena authorized by the provisions of this Article shall remain confidential and shall not be disclosed unless in connection with a criminal case related to the subpoenaed materials.

G. Any administrative subpoena issued pursuant to this Article shall comply with the provisions of 18 U.S.C. 2703(c)(2).

Acts 2010, No. 514, §1.
La. Ch. Code art. 441 — LA Code / Code childrens-code / Article 441
Confidentiality
Status: in_force

A. All oral and written communications and records made during the mediation of a juvenile proceeding are not subject to disclosure and may not be used as evidence in any judicial or administrative proceeding unless:

(1) The communication or record presented in the course of mediation is otherwise subject or is otherwise admissible if based on proof independent of the mediation.

(2) All parties and the mediator specifically agree in writing to waive confidentiality.

(3) Whenever the mediator has cause to believe that a child's physical or mental health or welfare is endangered by abuse or neglect, he shall report and refer the charges to the local child protection unit of the Department of Children and Family Services in accordance with Article 610.

(4) Disclosure is permitted by Paragraph B of this Article.

B. The mediator, parties, counsel, and other participants shall not be required to testify or otherwise make disclosure through discovery and are not subject to subpoena except:

(1) The mediator may report to the court whether the parties appeared as ordered, whether mediation took place, and whether a settlement resulted.

(2) The mediator may maintain records of mediation cases and may use data for research, training, or statistical reports to the court, provided all individual identifying information about the clients is removed.

(3) The court may compel testimony or documents in a contempt proceeding alleging that a party failed to comply with a court order referring the case for mediation; however, the disclosure of any communications and records made during the course of the mediation shall be strictly limited to the issue of noncompliance with the court's order.

(4) A court or administrative tribunal may compel testimony in a proceeding concerning the professional competence or ethics of the mediator or otherwise if necessary to prevent fraud or manifest injustice.

C. In any judicial or administrative proceeding in which disclosure is sought, the court shall determine in camera whether the facts, circumstances, and context of the communications or records warrant a breach of confidentiality in accordance with this Article.

D. The confidentiality protections of this Article are in addition to other provisions governing the confidentiality of juvenile court proceedings contained in this Code.

Acts 1999, No. 894, §1.
La. Ch. Code art. 871 — LA Code / Code childrens-code / Article 871
Effect of inconsistent or limiting allegations of a bill of particulars
Status: in_force

A. The court shall dismiss the petition unless its defects are cured by a supplemental bill of particulars if it finds from the bill of particulars and the petition either that:

(1) No delinquent act cognizable under the provisions of this Code was committed.

(2) The child named in the petition did not commit the delinquent act charged.

B. The defect will be cured if the district attorney furnishes, within a period fixed by the court, not to exceed three days from the order, another bill of particulars which either by itself or together with any particulars appearing in the petition so states the particulars as to make it appear that the offense charged was committed by the defendant.

C. If the district attorney fails to furnish a sufficient bill of particulars when ordered to do so by the court, the court may dismiss the petition.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Code Evid. art. 303 — LA Code / Code code-of-evidence / Article 303
Conclusive presumptions
Status: in_force

A "conclusive presumption" is a rule of substantive law and is not regulated by this Chapter.

Acts 1997, No. 577, §1.
La. Civ. Code art. 2656 — LA Code / Code civil-code / Article 2656
Delivery essential to a giving in payment
Status: in_force

Delivery of the thing is essential to the perfection of a giving in payment.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 3436 — LA Code / Code civil-code / Article 3436
Violent, clandestine, discontinuous, and equivocal possession
Status: in_force

Possession is violent when it is acquired or maintained by violent acts. When the violence ceases, the possession ceases to be violent.

Possession is clandestine when it is not open or public, discontinuous when it is not exercised at regular intervals, and equivocal when there is ambiguity as to the intent of the possessor to own the thing.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Civ. Code art. 1493 — LA Code / Code civil-code / Article 1493
Forced heirs; representation of forced heirs
Status: in_force

A. Forced heirs are descendants of the first degree who, at the time of the death of the decedent, are twenty-three years of age or younger or descendants of the first degree of any age who, because of mental incapacity or physical infirmity, are permanently incapable of taking care of their persons or administering their estates at the time of the death of the decedent.

B. When a descendant of the first degree predeceases the decedent, representation takes place for purposes of forced heirship only if the descendant of the first degree would have been twenty-three years of age or younger at the time of the decedent's death.

C. However, when a descendant of the first degree predeceases the decedent, representation takes place in favor of any child of the descendant of the first degree, if the child of the descendant of the first degree, because of mental incapacity or physical infirmity, is permanently incapable of taking care of his or her person or administering his or her estate at the time of the decedent's death, regardless of the age of the descendant of the first degree at the time of the decedent's death.

D. For purposes of this Article, a person is twenty-three years of age or younger until he attains the age of twenty-four years.

E. For purposes of this Article "permanently incapable of taking care of their persons or administering their estates at the time of the death of the decedent" shall include descendants who, at the time of death of the decedent, have, according to medical documentation, an inherited, incurable disease or condition that may render them incapable of caring for their persons or administering their estates in the future.

Amended by Acts 1981, No. 884, §1, eff. Jan. 1, 1982; Acts 1989, No. 788, §1, eff. July 1, 1990; Acts 1990, No. 147, §1, eff. July 1, 1990; Acts 1995, No. 1180, §1, eff. Jan. 1, 1996; Acts 1996, 1st Ex. Sess., No. 77, §1; Acts 2003, No. 1207, §2.
La. Civ. Code art. 2720 — LA Code / Code civil-code / Article 2720
Termination of lease with a fixed term
Status: in_force

A lease with a fixed term terminates upon the expiration of that term, without need of notice, unless the lease is reconducted or extended as provided in the following Articles.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Civ. Code art. 534 — LA Code / Code civil-code / Article 534
Personal servitude.
Status: in_force

A personal servitude is a charge on a thing for the benefit of a person. There are three sorts of personal servitudes: usufruct, habitation, and rights of use.

Acts 1976, No. 103, §1.
La. Civ. Code art. 939 — LA Code / Code civil-code / Article 939
Existence of successor
Status: in_force

A successor must exist at the death of the decedent.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Civ. Code art. 1266 — LA Code / Code civil-code / Article 1266
Immovables in excess of disposable portion; collation in kind.
Status: in_force

When the gift of immovable property, made to a lawful child or descendant, exceeds the portion which the ascendant could legally dispose of, the donee may make the collation of this excess in kind, if such excess can be separated conveniently.
La. Code Civ. Proc. art. 4067 — LA Code / Code code-of-civil-procedure / Article 4067
Appointment of legal or dative tutor
Status: in_force

At any time after the expiration of ten days from date of publication or date of mailing of the notice as provided in Article 4065, whichever period is longer, if no opposition has been filed, the court shall appoint the applicant, unless he is disqualified under Article 4231.

If an opposition has been filed, it shall be tried in a summary manner.

Amended by Acts 1976, No. 429, §3.
La. Civ. Code art. 3312 — LA Code / Code civil-code / Article 3312
Transfer of the secured obligation
Status: in_force

A transfer of an obligation secured by a mortgage includes the transfer of the mortgage. In such a case, the transferor warrants the existence, validity and enforceability of the mortgage only to the extent that he warrants the existence, validity, or enforceability of the obligation.

Acts 1992, No. 1132, §2, eff. Jan. 1, 1993.

{{NOTE: FORMER ART. 3312 REPEALED BY ACTS 1992, NO. 1132, §1, EFF. JAN. 1, 1993.}}
La. Code Civ. Proc. art. 4265 — LA Code / Code code-of-civil-procedure / Article 4265
Compromise and modification of obligations
Status: in_force

With the approval of the court as provided in Article 4271, a tutor may compromise an action or right of action by or against the minor, or extend, renew, or in any manner modify the terms of an obligation owed by or to the minor.
La. Civ. Code art. 3519 — LA Code / Code civil-code / Article 3519
Status of natural persons; general principle
Status: in_force

The status of a natural person and the incidents and effects of that status are governed by the law of the state whose policies would be most seriously impaired if its law were not applied to the particular issue.

That state is determined by evaluating the strength and pertinence of the relevant policies of the involved states in the light of: (1) the relationship of each state, at any pertinent time, to the dispute, the parties, and the person whose status is at issue; (2) the policies referred to in Article 3515; and (3) the policies of sustaining the validity of obligations voluntarily undertaken, of protecting children, minors, and others in need of protection, and of preserving family values and stability.

Acts 1991, No. 923, §1, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 693 — LA Code / Code code-of-civil-procedure / Article 693
Insurer in receivership
Status: in_force

The receiver appointed by a court of this state for a domestic insurer is the proper plaintiff to sue to enforce a right of the domestic 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 plaintiff to sue to enforce a right of the foreign or alien insurer, or of its domiciliary or ancillary receiver.

As used herein and in Article 741, "receiver" includes liquidator, rehabilitator, and conservator.
La. Civ. Code art. 2443 — LA Code / Code civil-code / Article 2443
Purchase of a thing already owned
Status: in_force

A person cannot purchase a thing he already owns. Nevertheless, the owner of a thing may purchase the rights of a person who has, or may have, an adverse claim to the thing.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Civ. Proc. art. 71 — LA Code / Code code-of-civil-procedure / Article 71
Action against individual who has changed domicile
Status: in_force

An action against an individual who has changed his domicile from one parish to another may be brought in either parish for a period of one year from the date of the change, unless he has filed a declaration of intention to change his domicile, in the manner provided by law.
La. Civ. Code art. 2477 — LA Code / Code civil-code / Article 2477
Methods of making delivery
Status: in_force

Delivery of an immovable is deemed to take place upon execution of the writing that transfers its ownership.

Delivery of a movable takes place by handing it over to the buyer. If the parties so intend delivery may take place in another manner, such as by the seller's handing over to the buyer the key to the place where the thing is stored, or by negotiating to him a document of title to the thing, or even by the mere consent of the parties if the thing sold cannot be transported at the time of the sale or if the buyer already has the thing at that time.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 2371 — LA Code / Code civil-code / Article 2371
Management of property.
Status: in_force

Under the regime of separation of property each spouse acting alone uses, enjoys, and disposes of his property without the consent or concurrence of the other spouse.

Acts 1979, No. 709, §1.
La. Code Civ. Proc. art. 1463 — LA Code / Code code-of-civil-procedure / Article 1463
Production of documents and things; entry upon land, persons not parties
Status: in_force

A. Articles 1461 and 1462 do not preclude an independent action against a person not a party for production of documents and things and permission to enter upon land.

B. In addition, a party may have a subpoena duces tecum served on a person not a party directing that person to produce documents and things for inspection and copying or to permit entry onto and inspection of land, provided that a reasonably accurate description of the things to be produced, inspected, or copied is given. A reasonable notice of the intended inspection, specifying date, time, and place shall be served on all other parties and shall specify that the other parties may attend and participate in the inspection and copying of the things to be produced. The rules applicable to depositions and subpoenas duces tecum issued and served in connection with depositions shall apply except to the extent inconsistent with this Paragraph.

Acts 1976, No. 574, §1; Acts 1995, No. 410, §1.
La. Ch. Code art. 1302.3 — LA Code / Code childrens-code / Article 1302.3
Initiating and responding tribunal of state
Status: in_force

Under this Chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or a foreign country.

Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Code Civ. Proc. art. 2812 — LA Code / Code code-of-civil-procedure / Article 2812
Proceedings in different courts; stay; adoption of proceedings by court retaining jurisdiction
Status: in_force

If proceedings to open the succession of a deceased person who was not domiciled in this state at the time of his death are brought in two or more district courts of competent jurisdiction, the court in which the proceeding was first brought shall retain jurisdiction over the succession, and the other courts shall stay their proceedings.

The court retaining jurisdiction may adopt by ex parte order any of the proceedings taken in any other Louisiana court of competent jurisdiction, with the same force and effect as if these proceedings had been taken in the adopting court.
La. Code Crim. Proc. art. 349.3 — LA Code / Code code-of-criminal-procedure / Article 349.3
Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Status: repealed

Acts 2010, No. 914, §1; Acts 2012, No. 59, §1, eff. May 11, 2012; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
La. Civ. Code art. 1582 — LA Code / Code civil-code / Article 1582
Effect of witness or notary as legatee
Status: in_force

The fact that a witness or the notary is a legatee does not invalidate the testament. A legacy to a witness or the notary is invalid, but if the witness would be an heir in intestacy, the witness may receive the lesser of his intestate share or the legacy in the testament.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Civ. Code art. 711 — LA Code / Code civil-code / Article 711
Usufructuary.
Status: in_force

The usufructuary may not establish on the estate of which he has the usufruct any charges in the nature of predial servitudes.

Acts 1977, No. 514, §1.
La. Code Crim. Proc. art. 10 — LA Code / Code code-of-criminal-procedure / Article 10
Article headings, source notes, and comments not part of law
Status: in_force

The headings of the articles of this Code, and the source notes and comments thereunder do not constitute parts of the law.
La. Ch. Code art. 115 — LA Code / Code childrens-code / Article 115
Oath or affirmation in juvenile proceedings
Status: in_force

A. Witnesses shall swear or affirm to speak the truth and nothing but the truth.

B. A child witness need not be placed under oath or be required to make an affirmation if the court can otherwise assure that the child understands his obligation to speak the truth.

Acts 1991, No. 235, §1, eff. Jan. 1, 1992.
La. Civ. Code art. 3474 — LA Code / Code civil-code / Article 3474
Incompetents
Status: in_force

This prescription runs against absent persons and incompetents, including minors and interdicts.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983; Acts 1991, No. 107, §1.
La. Code Civ. Proc. art. 1764 — LA Code / Code code-of-civil-procedure / Article 1764
Peremptory challenges
Status: in_force

A. If trial is by a jury of six, each side is allowed three peremptory challenges. If there is more than one party on any side, the court may allow each side additional peremptory challenges, not to exceed two.

B. If trial is by a jury of twelve, each side is allowed six peremptory challenges. If there is more than one party on any side, the court may allow each side additional peremptory challenges, not to exceed four.

C. Each side shall be allowed an equal number of peremptory challenges. If the parties on a side are unable to agree upon the allocation of peremptory challenges among themselves, the allocation shall be determined by the court before the examination on the voir dire.

Acts 1983, No. 534, §5.
La. Code Civ. Proc. art. 685 — LA Code / Code code-of-civil-procedure / Article 685
Succession
Status: in_force

Except as otherwise provided by law, the succession representative appointed by a court of this state is the proper plaintiff to sue to enforce a right of the deceased or of his succession, while the latter is under administration. The heirs or legatees of the deceased, whether present or represented in the state or not, need not be joined as parties, whether the action is personal, real, or mixed.
La. Code Civ. Proc. art. 3576 — LA Code / Code code-of-civil-procedure / Article 3576
Release of property under sequestration
Status: in_force

If the defendant does not effect the release of property seized under a writ of sequestration, as permitted by Article 3507, within ten days of the seizure, the plaintiff may effect the release thereof by furnishing the security required by Article 3508.
La. Code Civ. Proc. art. 2594 — LA Code / Code code-of-civil-procedure / Article 2594
Service of process
Status: in_force

Citation and service thereof are not necessary in a summary proceeding. A copy of the contradictory motion, rule to show cause, or other pleading filed by the plaintiff in the proceeding, and of any order of court assigning the date and hour of the trial thereof, shall be served upon the defendant.
La. Civ. Code art. 1746 — LA Code / Code civil-code / Article 1746
Objects and beneficiaries
Status: in_force

The donation, which may consist of any of the donor's present property or all or any of the property that the donor will leave at his death, may be made to the donor's future or present spouse. The donation may not, however, be made to their common descendants, whether already born or to be born.

Acts 2004, No. 619, §1, eff. Sept. 1, 2005.
La. Civ. Code art. 1873 — LA Code / Code civil-code / Article 1873
Obligor not liable when failure caused by fortuitous event
Status: in_force

An obligor is not liable for his failure to perform when it is caused by a fortuitous event that makes performance impossible.

An obligor is, however, liable for his failure to perform when he has assumed the risk of such a fortuitous event.

An obligor is liable also when the fortuitous event occurred after he has been put in default.

An obligor is likewise liable when the fortuitous event that caused his failure to perform has been preceded by his fault, without which the failure would not have occurred.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 366 — LA Code / Code civil-code / Article 366
Judicial emancipation
Status: in_force

A court may order for good cause the full or limited emancipation of a minor sixteen years of age or older. Full judicial emancipation confers all effects of majority on the person emancipated, unless otherwise provided by law. Limited judicial emancipation confers the effects of majority specified in the judgment of limited emancipation, unless otherwise provided by law.

Acts 1992, No. 715, §1; Acts 2008, No. 786, §1, eff. Jan. 1, 2009.