FrankGoortani/open-us-law huggingface dataset:
La. Ch. Code art. 1036 — LA Code / Code childrens-code / Article 1036
Proof of parental misconduct
Status: in_force

A. The admissibility of the conviction of a parent is governed by the Code of Evidence.

B. A prior conviction may be proved by certified copy of the judgment of conviction or certified copy of the minute entry of conviction.

C. In accordance with Article 1015(5), lack of parental compliance with a case plan may be evidenced by one or more of the following:

(1) The parent's failure to attend court-approved scheduled visitations with the child.

(2) The parent's failure to communicate with the child.

(3) The parent's failure to keep the department apprised of the parent's whereabouts and significant changes affecting the parent's ability to comply with the case plan for services.

(4) The parent's failure to contribute to the costs of the child's foster care, if ordered to do so by the court when approving the case plan.

(5) The parent's repeated failure to comply with the required program of treatment and rehabilitation services provided in the case plan.

(6) The parent's lack of substantial improvement in redressing the problems preventing reunification.

(7) The persistence of conditions that led to removal or similar potentially harmful conditions.

(8)(a) The parent's failure to provide a negative test result for all synthetic or other controlled dangerous substances, except for any drug for which the parent has lawfully received a prescription, at the completion of a reasonable case plan.

(b) For purposes of this Article, "controlled dangerous substance" shall have the meaning ascribed in R.S. 40:961.

D. In accordance with Article 1015(5), lack of any reasonable expectation of significant improvement in the parent's conduct in the near future may be evidenced by one or more of the following:

(1) Any physical or mental illness, mental deficiency, substance abuse, or chemical dependency that renders the parent unable or incapable of exercising parental responsibilities without exposing the child to a substantial risk of serious harm, based upon expert opinion or based upon an established pattern of behavior.

(2) A pattern of repeated incarceration of the parent that has rendered the parent unable to care for the immediate and continuing physical or emotional needs of the child for extended periods of time.

(3) Any other condition or conduct that reasonably indicates that the parent is unable or unwilling to provide an adequate permanent home for the child, based upon expert opinion or based upon an established pattern of behavior.

E. In accordance with Article 1015(6), a sentence of at least five years of imprisonment raises a presumption of the parent's inability to care for the child for an extended period of time, although the incarceration of a parent shall not in and of itself be sufficient to deprive a parent of parental rights.

Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1; Acts 2017, No. 151, §1, eff. June 12, 2017; Acts 2018, No. 237, §1, eff. May 15, 2018; Acts 2024, No. 92, §1.
La. Code Crim. Proc. art. 497 — LA Code / Code code-of-criminal-procedure / Article 497
Summons in misdemeanor cases
Status: in_force

If an offense charged by indictment or information is a misdemeanor, the court may issue a summons, instead of a warrant of arrest, if it has reasonable ground to believe that the person will appear in response to a summons. If the court issues a summons, it may later issue a warrant of arrest in place of the summons.
La. Civ. Code art. 1787 — LA Code / Code civil-code / Article 1787
Several obligations; effects
Status: in_force

When each of different obligors owes a separate performance to one obligee, the obligation is several for the obligors.

When one obligor owes a separate performance to each of different obligees, the obligation is several for the obligees.

A several obligation produces the same effects as a separate obligation owed to each obligee by an obligor or by each obligor to an obligee.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Civ. Proc. art. 1602 — LA Code / Code code-of-civil-procedure / Article 1602
Peremptory grounds
Status: in_force

A continuance shall be granted if at the time a case is to be tried, the party applying for the continuance shows that he has been unable, with the exercise of due diligence, to obtain evidence material to his case; or that a material witness has absented himself without the contrivance of the party applying for the continuance.

Amended by Acts 1966, No. 186, §1.
La. Ch. Code art. 718 — LA Code / Code childrens-code / Article 718
Purpose of guardianship
Status: in_force

A. The purpose of guardianship is to provide a permanent placement for children when the court has found that adoption is not in the children's best interest and the children cannot be safely reunified with their parents within a reasonable time; to encourage stability and permanence in the lives of children who have been adjudicated to be in need of care and have been removed from the custody of their parent; and to increase the opportunities for the prompt permanent placement of children, especially with relatives, without ongoing supervision by the department.

B. This Chapter is intended to ensure that the fundamental needs of children are met and the constitutional rights of all parties are recognized and enforced.

Acts 2011, No. 128, §1; Acts 2024, No. 92, §1.
La. Code Civ. Proc. art. 3601 — LA Code / Code code-of-civil-procedure / Article 3601
Injunction; grounds for issuance; preliminary injunction; temporary restraining order
Status: in_force

A. An injunction shall be issued in cases where irreparable injury, loss, or damage may otherwise result to the applicant, or in other cases specifically provided by law; provided, however, that no court shall have jurisdiction to issue, or cause to be issued, any temporary restraining order, preliminary injunction, or permanent injunction against any state department, board, or agency, or any officer, administrator, or head thereof, or any officer of the state of Louisiana in any suit involving the expenditure of public funds under any statute or law of this state to compel the expenditure of state funds when the director of such department, board, or agency or the governor shall certify that the expenditure of such funds would have the effect of creating a deficit in the funds of said agency or be in violation of the requirements placed upon the expenditure of such funds by the legislature.

B. No court shall issue a temporary restraining order in cases where the issuance shall stay or enjoin the enforcement of a child support order when the Department of Children and Family Services is providing services, except for good cause shown by written reasons made a part of the record.

C. During the pendency of an action for an injunction the court may issue a temporary restraining order, a preliminary injunction, or both, except in cases where prohibited, in accordance with the provisions of this Chapter.

D. Except as otherwise provided by law, an application for injunctive relief shall be by petition.

E. The irreparable injury, loss, or damage enumerated in Paragraph A of this Article may result from:

(1) The isolation of an individual over the age of eighteen years by any other individual, curator, or mandatary, including but not limited to violations of Article 4566 (J) or Civil Code Article 2995.

(2) A person being denied the use or enjoyment of immovable property in which the person has an ownership, possessory, or lease interest by a person who does not have a legal interest in the property.

F.(1) Notwithstanding the provisions of Article 3610, security shall not be required for a temporary restraining order or preliminary injunction seeking removal of a person from immovable property in which the person does not have a legal interest.

(2) Nothing in this Section shall prohibit a petitioner from pursuing any other remedy provided by law.

Amended by Acts 1969, No. 34, §2; Acts 2004, No. 765, §1, eff. July 6, 2004; Acts 2016, No. 110, §2, eff. May 19, 2016; Acts 2024, No. 652, §2.
La. Civ. Code art. 520 — LA Code / Code civil-code / Article 520
Transfer of ownership by merchant
Status: in_force

Except as otherwise provided by legislation, a transferee in good faith and for fair value acquires ownership of a corporeal movable from a transferor who is not the owner only if the transferor has possession of the thing with consent of the owner, is a merchant customarily selling similar things, and transfers the thing in the regular course of the transferor's business.

Acts 2023, No. 401, §1.
La. Ch. Code art. 901.1 — LA Code / Code childrens-code / Article 901.1
Probation and parole supervision fees
Status: in_force

A. When the court suspends the imposition or execution of sentence and places the child or his parent or both on supervised probation or grants the child supervised parole, and the probationer or parolee is to be supervised by the Department of Public Safety and Corrections or any other agency, the court shall order payment, as a condition of probation or parole, of a monthly supervision fee. The supervision fee imposed shall not exceed fifty dollars per month and shall be payable to the department or other supervising agency to defray the costs of supervision. These funds are only to supplement the level of funds that would ordinarily be available from regular state or other appropriations.

B. The parent is responsible for payment of any supervision fee imposed and is subject to contempt of court for failure to pay such fees. The parent shall not be subject to judicial sanctions for failure to pay supervision fees if the failure was due to financial inability to pay based upon reasonable expenses for the necessities of life.

Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1995, No. 794, §1; Acts 2012, No. 173, §1; Acts 2012, No. 669, §1.
La. Civ. Code art. 1957 — LA Code / Code civil-code / Article 1957
Proof
Status: in_force

Fraud need only be proved by a preponderance of the evidence and may be established by circumstantial evidence.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Crim. Proc. art. 15 — LA Code / Code code-of-criminal-procedure / Article 15
Courts to which applicable; military not affected
Status: in_force

A. The provisions of this Code, except as otherwise specially provided by other statutes, shall govern and regulate the procedure in criminal prosecutions and proceedings in district courts. They also shall govern criminal prosecutions in city, parish, juvenile, and family courts, except insofar as a particular provision is incompatible with the general nature and organization of, or special procedures established or authorized by law for, those courts.

B. This Code shall not affect any power conferred by law upon any court martial, military authority, or military officer to impose or inflict punishment upon offenders.
La. Code Crim. Proc. art. 843 — LA Code / Code code-of-criminal-procedure / Article 843
Recording of proceedings
Status: in_force

In felony cases, in cases involving violation of an ordinance enacted pursuant to R.S. 14:143(B), and on motion of the court, the state, or the defendant in other misdemeanor cases tried in a district, parish, or city court, the clerk or court stenographer shall record all of the proceedings, including the examination of prospective jurors, the testimony of witnesses, statements, rulings, orders, and charges by the court, and objections, questions, statements, and arguments of counsel.

Amended by Acts 1974, No. 207, §1; Acts 1975, No. 118, §1, eff. July 7, 1975; Acts 2001, No. 944, §3.
La. Civ. Code art. 3457 — LA Code / Code civil-code / Article 3457
Prescription established by legislation only
Status: in_force

There is no prescription other than that established by legislation.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Code Civ. Proc. art. 3396.2 — LA Code / Code code-of-civil-procedure / Article 3396.2
Provision for independent administration by testator
Status: in_force

A. When a testament provides for independent administration of an estate, the court shall enter an appropriate order granting independent administration of the estate.

B. A statement in a testament to the effect that the succession representative may act as an "independent administrator" or "independent executor" is sufficient to constitute authorization for independent administration of an estate.

Acts 2001, No. 974, §1.
La. Civ. Code art. 1739 — LA Code / Code civil-code / Article 1739
Limited irrevocability
Status: in_force

A donation of property that the donor will leave at his death is irrevocable only in the sense that the donor may no longer dispose of the property by gratuitous title, save for dispositions of modest value. Nevertheless, the donor remains the owner of the property and, as such, retains the full liberty of disposing of it by onerous title, in the absence of an express stipulation to the contrary.

Acts 2004, No. 619, §1, eff. Sept. 1, 2005.
La. Civ. Code art. 96 — LA Code / Code civil-code / Article 96
Civil effects of absolutely null marriage; putative marriage
Status: in_force

An absolutely null marriage nevertheless produces civil effects in favor of a party who contracted it in good faith for as long as that party remains in good faith. When the cause of the nullity is one party's prior undissolved marriage, the civil effects continue in favor of the other party, regardless of whether the latter remains in good faith, until the marriage is pronounced null or the latter party contracts a valid marriage. When the cause of the nullity is an impediment of age, the marriage produces civil effects in favor of a child of the parties. When the cause of the nullity is another reason, a marriage contracted by a party in good faith produces civil effects in favor of a child of the parties. A purported marriage between parties of the same sex does not produce any civil effects.

Acts 1987, No. 886, §1, eff. Jan. 1, 1988; Acts 2019, No. 401, §1.
La. Ch. Code art. 879 — LA Code / Code childrens-code / Article 879
Presence at adjudication hearing; exclusion of witnesses
Status: in_force

A. The child, his parents, counsel, the district attorney, authorized officials of the court, and witnesses called by the parties may be present at the adjudication hearing.

B.(1) All proceedings in a juvenile delinquency case involving a crime of violence as defined in R.S. 14:2(B) or a delinquent act which is a second or subsequent felony-grade adjudication shall be open to the public.

(2) Except as otherwise provided by law, in all juvenile delinquency proceedings involving the violation of first degree murder (R.S. 14:30), second degree murder (R.S. 14:30.1), aggravated or first degree rape (R.S. 14:42), aggravated kidnapping (R.S. 14:44), armed robbery (R.S. 14:64), negligent homicide (R.S. 14:32), or vehicular homicide (R.S. 14:32.1), the court shall allow the victim, the victim's spouse, children, siblings, parents, grandparents, guardians, and legal custodians to be present at the adjudication hearing.

C. On its own motion the court may, and on the request of a party the court shall, order that the witnesses, other than parties, be excluded from the courtroom or from a place where they can see or hear the proceedings, and refrain from discussing the facts of the case with anyone other than counsel in the case. In the interest of justice, the court may exempt any witness from its order.

D. This Article does not authorize exclusion of any of the following witnesses:

(1) A party who is a natural person.

(2) A single officer or single employee of a party which is not a natural person designated as its representative or case agent by its attorney.

(3) A person whose presence is shown by a party to be essential to the presentation of his cause such as an expert.

(4) The victim of the offense or the family of the victim.

E. A court may impose appropriate sanctions for violations of its exclusion order including contempt, or when such sanctions are insufficient, disqualification of the witness.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1993, No. 769, §1; Acts 1994, 3rd Ex. Sess., No. 120, §1, eff. July 7, 1994; Acts 1995, No. 1313 §1, eff. June 29, 1995; Acts 2011, No. 251, §2; Acts 2015, No. 184, §8; Acts 2023, No. 448, §1, eff. Jan. 1, 2024.
La. Civ. Code art. 2809 — LA Code / Code civil-code / Article 2809
Fiduciary duty; activities prejudicial to the partnership.
Status: in_force

A partner owes a fiduciary duty to the partnership and to his partners. He may not conduct any activity, for himself or on behalf of a third person, that is contrary to his fiduciary duty and is prejudicial to the partnership. If he does so, he must account to the partnership and to his partners for the resulting profits.

Acts 1980, No. 150, §1.
La. Ch. Code art. 572 — LA Code / Code childrens-code / Article 572
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, and XI of this Code.

(2) "Indigent Parents' Program" means the Indigent Parents' Representation Program established in accordance with Article 574.

Acts 2007, No. 95, §1; Acts 2016, No. 407, §1, eff. June 5, 2016.
La. Civ. Code art. 2315.2 — LA Code / Code civil-code / Article 2315.2
Wrongful death action
Status: in_force

A. If a person dies due to the fault of another, suit may be brought by the following persons to recover damages which they sustained as a result of the death:

(1) The surviving spouse and child or children of the deceased, or either the spouse or the child or children.

(2) The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving.

(3) The surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child, or parent surviving.

(4) The surviving grandfathers and grandmothers of the deceased, or any of them, if he left no spouse, child, parent, or sibling surviving.

B. The right of action granted by this Article prescribes one year from the death of the deceased or two years from the day that injury or damage is sustained, whichever is longer.

C. The right of action granted under this Article is heritable, but the inheritance of it neither interrupts nor prolongs the prescriptive period defined in this Article.

D.(1) As used in this Article, the words "child", "brother", "sister", "father", "mother", "grandfather", and "grandmother" include a child, brother, sister, father, mother, grandfather, and grandmother by adoption, respectively.

(2) As used in this Article, the words "child", "brother", and "sister" include a child, brother, or sister given in adoption, respectively.

E. For purposes of this Article, a father or mother who has abandoned the deceased during his minority is deemed not to have survived him. Abandonment is presumed when the father or mother has left his child for a period of at least twelve months and the father or mother has failed to provide for the child's care and support, without just cause, thus demonstrating an intention to permanently avoid parental responsibility.

F. The right of action granted by this Article for medical malpractice actions prescribes one year from the death of the deceased.

Acts 1986, No. 211, §2; Acts 1997, No. 1317, §1, eff. July 15, 1997; Acts 2022, No. 718, §1; Acts 2025, No. 176, §1; Acts 2025, No. 488, §1.
La. Civ. Code art. 1825 — LA Code / Code civil-code / Article 1825
Definition
Status: in_force

Subrogation is the substitution of one person to the rights of another. It may be conventional or legal.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Civ. Proc. art. 5095 — LA Code / Code code-of-civil-procedure / Article 5095
Same; defense of action
Status: in_force

A. The attorney at law appointed by the court to represent a defendant shall use reasonable diligence to inquire of the defendant, and to determine from other available sources, what defense, if any, the defendant may have, and what evidence is available in support thereof.

B. Except in an executory proceeding, the attorney may except to the petition, shall file an answer or other pleading in time to prevent a default judgment from being rendered, may plead therein any affirmative defense available, may prosecute an appeal from an adverse judgment, and generally has the same duty, responsibility, and authority in defending the action or proceeding as if he had been retained as counsel for the defendant.

Acts 2017, No. 419, §1; Acts 2021, No. 174, §1, eff. Jan. 1, 2022.
La. Code Civ. Proc. art. 3668 — LA Code / Code code-of-civil-procedure / Article 3668
When proof of nonuse not required in possessory action against claimant of mineral right
Status: in_force

In all cases other than those specified in Article 3667, one possessing land as owner need only allege and prove his quiet, uninterrupted possession for more than a year prior to assertion of a possessory action against one claiming a mineral right in the land.

Added by Acts 1974, No. 547, §2, eff. Jan. 1, 1975.
La. Ch. Code art. 1530 — LA Code / Code childrens-code / Article 1530
Trial of misdemeanors
Status: in_force

A. A defendant charged with a misdemeanor in which the punishment, as set forth in the statute defining the offense, may be a fine in excess of one thousand dollars or imprisonment for more than six months, shall be tried by a jury of six jurors, all of whom must concur to render a verdict.

B. The defendant charged with any other misdemeanor shall be tried by the court without a jury.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
La. Ch. Code art. 112 — LA Code / Code childrens-code / Article 112
Clerical and typographical errors disregarded
Status: in_force

Clerical and typographical errors in this Code shall be disregarded when the legislative intent is clear from the context in which the provision or word is found.

Acts 1991, No. 235, §1, eff. Jan. 1, 1992.
La. Ch. Code art. 1191 — LA Code / Code childrens-code / Article 1191
Duties of a curator ad hoc
Status: in_force

Upon appointment, the curator ad hoc shall be responsible for:

(1) Securing all records pertaining to the petitioner's request through subpoenas duces tecum or other discovery process, if necessary.

(2) Reviewing all records pertaining to the adoption.

(3) Reporting to the court any objections to disclosure which he may have received from a custodian of records.

(4) Reporting his findings to the court within thirty days of the date of his acceptance of appointment or within an earlier time as ordered by the court due to exigent circumstances, recommending the granting or denial of the request of the mover, and particularizing the necessary scope of any disclosure order for the court's consideration.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2008, No. 583, §1.
La. Civ. Code art. 2690 — LA Code / Code civil-code / Article 2690
Alterations by the lessor prohibited
Status: in_force

During the lease, the lessor may not make any alterations in the thing.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Code Civ. Proc. art. 427 — LA Code / Code code-of-civil-procedure / Article 427
Action against obligor's heirs or legatees
Status: in_force

An action to enforce an obligation, if the obligor is dead, may be brought against the heirs, universal legatees, or general legatees, who have accepted his succession, except as otherwise provided by law. The liability of these heirs and legatees is determined by the provisions of the Civil Code.

Acts 1997, No. 1421, §3, eff. July 1, 1999.
La. Civ. Code art. 1877 — LA Code / Code civil-code / Article 1877
Fortuitous event that has made performance impossible in part
Status: in_force

When a fortuitous event has made a party's performance impossible in part, the court may reduce the other party's counterperformance proportionally, or, according to the circumstances, may declare the contract dissolved.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.