FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 2723 — LA Code / Code code-of-civil-procedure / Article 2723
Appraisal of property, unless waived
Status: in_force

Prior to the sale, the property seized must be appraised in accordance with law, unless appraisal has been waived in the act evidencing the mortgage, the security agreement, or the document creating the privilege and plaintiff has prayed that the property be sold without appraisal, and the order directing the issuance of the writ of seizure and sale has directed that the property be sold as prayed for. There is no requirement that seized property subject to a security interest under Chapter 9 of the Louisiana Commercial Laws (R.S. 10:9-101, et seq.), be appraised prior to the judicial sale thereof.

Acts 1989, No. 137, §18, eff. Sept. 1, 1989.
La. Civ. Code art. 598 — LA Code / Code civil-code / Article 598
Duty to give information to owner.
Status: in_force

If, during the existence of the usufruct, a third person encroaches on the immovable property or violates in any other way the rights of the naked owner, the usufructuary must inform the naked owner. When he fails to do so, he shall be answerable for the damages that the naked owner may suffer.

Acts 1976, No. 103, §1.
La. Code Civ. Proc. art. 1421 — LA Code / Code code-of-civil-procedure / Article 1421
Discovery methods
Status: in_force

Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property, for inspection and other purposes; physical and mental examinations, including additional medical opinions under Article 1464; request for release of medical records; and requests for admission. Unless the court orders otherwise under Article 1426, the frequency of use of these methods is not limited.

Acts 1976, No. 574, §1; Acts 1993, No. 823, §1; Acts 2017, No. 381, §1, eff. June 23, 2017.
La. Civ. Code art. 586 — LA Code / Code civil-code / Article 586
Liability for debts; usufruct inter vivos
Status: in_force

When the usufruct is established inter vivos , the usufructuary is not liable for debts of the grantor, but if the debt is secured by an encumbrance of the thing subject to the usufruct, the thing may be sold for the payment of the debt.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.
La. Code Crim. Proc. art. 903 — LA Code / Code code-of-criminal-procedure / Article 903
Substance abuse probation program; authorization
Status: in_force

A. The secretary of the Department of Public Safety and Corrections is authorized to establish a substance abuse probation program within the department.

B. The program shall provide counseling and treatment for defendants with substance abuse disorders, or defendants with co-occurring mental illness and substance abuse disorders, who are sentenced to substance abuse probation pursuant to the provisions of Article 903.2.

C. The department may enter into cooperative endeavors or contracts with local governmental entities or the office of behavioral health, training facilities, and service providers to provide for substance abuse treatment and counseling and mental health treatment for defendants participating in the program.

D. The department shall adopt rules and guidelines as it deems necessary for the administration and implementation of this program.

E. The provisions of this Article shall be implemented only to the extent that funds are available within the department for this purpose and to the extent that is consistent with available resources and appropriate classification criteria.

Acts 2013, No. 389, §1; Acts 2015, No. 199, §2; Acts 2018, No. 431, §1.

NOTE: Pursuant to the Section 2 of Act No. 199 of the 2015 R.S., the provisions of Articles 903 through 903.3 enacted by Section 4 of Act No. 389 of the 2013 R.S. shall become null, void, and have no effect on August 1, 2020, and thereafter.
La. Code Crim. Proc. art. 598 — LA Code / Code code-of-criminal-procedure / Article 598
Effect of verdict
Status: in_force

A. When a person is found guilty of a lesser degree of the offense charged, the verdict or judgment of the court is an acquittal of all greater offenses charged in the indictment and the defendant cannot thereafter be tried for those offenses on a new trial.

B. When a jury returns a verdict in the sentencing hearing in a capital case determining that the defendant should be sentenced to life imprisonment, the defendant cannot thereafter be sentenced to death for that offense on a new trial.

Amended by Acts 1973, No. 133, §1; Acts 1980, No. 430, §1; Acts 1988, No. 779, §1, eff. July 18, 1988.
La. Ch. Code art. 1134 — LA Code / Code childrens-code / Article 1134
Notice of filing of surrender; service upon nonresident alleged or adjudicated father
Status: in_force

A. Notice of the filing of a mother's surrender shall be promptly served upon the alleged or adjudicated father. Notice of the filing shall not be required if an alleged or adjudicated father waives notice of service. If he does not reside within this state, service shall be made by any of the following means:

(1) Registered or certified mail, return receipt requested, postage prepaid and properly addressed to his last known address.

(2) Electronic mail at the electronic mail address expressly designated by the father in a pleading, at the continued custody or continued safety plan hearing, or at any other hearing at which he personally appeared before the court.

B. Service by electronic mail is complete upon transmission but is not effective if the serving party learns the transmission did not reach the party to be served.

Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2015, No. 124, §1, eff. June 19, 2015.
La. Ch. Code art. 803 — LA Code / Code childrens-code / Article 803
Applicability of Title procedures; supplemental procedures
Status: in_force

The provisions of this Title shall govern and regulate delinquency proceedings of courts exercising juvenile jurisdiction. Where procedures are not provided in this Title, or otherwise by this Code, the court shall proceed in accordance with the Code of Criminal Procedure.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 2085 — LA Code / Code code-of-civil-procedure / Article 2085
Limitations on appeals
Status: in_force

An appeal cannot be taken by a party who confessed judgment in the proceedings in the trial court or who voluntarily and unconditionally acquiesced in a judgment rendered against him. Confession of or acquiescence in part of a divisible judgment or in a favorable part of an indivisible judgment does not preclude an appeal as to other parts of such judgment.
La. Civ. Code art. 3468 — LA Code / Code civil-code / Article 3468
Incompetents
Status: in_force

Prescription runs against absent persons and incompetents, including minors and interdicts, unless exception is established by legislation.

Acts 1983, No. 173, §3, eff. Jan. 1, 1984; Acts 1991, No. 107, §1.
La. Ch. Code art. 719 — LA Code / Code childrens-code / Article 719
Guardian's rights and responsibilities
Status: in_force

A. Unless the court specifies otherwise, a guardian shall exercise the rights and responsibilities of legal custody and shall have the authority to consent to the child's marriage, to consent to his enlistment in the armed forces of the United States, and to make other decisions concerning the child, except the right to consent to the child's adoption.

B. Guardianship does not subject the guardian to responsibility under Civil Code Article 2317 or 2318 for damage occasioned by the child.

C. The rights and responsibilities of administering the property of the child are governed by the law of tutorship.

Acts 2011, No. 128, §1.
La. Civ. Code art. 2044 — LA Code / Code civil-code / Article 2044
Insolvency by failure to exercise right
Status: in_force

If an obligor causes or increases his insolvency by failing to exercise a right, the obligee may exercise it himself, unless the right is strictly personal to the obligor.

For that purpose, the obligee must join in the suit his obligor and the third person against whom that right is asserted.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 1259 — LA Code / Code civil-code / Article 1259
Kinds of expenses made on immovable property.
Status: in_force

Expenses made on immovable property are distinguished by three kinds: necessary, useful, and those for mere pleasure.

Necessary expenses are those which are indispensable to the preservation of the thing.

Useful expenses are those which increase the value of the immovable property, but without which the estate can be preserved.

Expenses for mere pleasure are those which are only made for the accommodation or convenience of the owner or possessor of the estate, and which do not increase its value.
La. Code Civ. Proc. art. 2127 — LA Code / Code code-of-civil-procedure / Article 2127
Record on appeal; preparation
Status: in_force

The clerk of the trial court shall have the duty of preparing the record on appeal. He shall cause it to be lodged with the appellate court on or before the return day or any extension thereof. Failure of the clerk to prepare and lodge the record on appeal either timely or correctly shall not prejudice the appeal.

Amended by Acts 1977, No. 178, §1, eff. Jan. 1, 1978. Acts 1984, No. 937, §1.
La. Civ. Code art. 3241 — LA Code / Code civil-code / Article 3241
Voluntary sale, distinction between sale in port or on voyage.
Status: in_force

When the sale is voluntary on the part of the owner, a distinction is to be made, whether the* vessel was in port or on a voyage.

*English translation of French text incomplete; should include "ship or other."
La. Civ. Code art. 2337 — LA Code / Code civil-code / Article 2337
Disposition of undivided interest.
Status: in_force

A spouse may not alienate, encumber, or lease to a third person his undivided interest in the community or in particular things of the community prior to the termination of the regime.

Acts 1979, No. 709, §1.
La. Code Crim. Proc. art. 721 — LA Code / Code code-of-criminal-procedure / Article 721
Statements of coconspirators
Status: in_force

Upon written motion of the defendant, the court shall order the district attorney to disclose to the defendant the state's intent to use any written, recorded, or oral statements of coconspirators that the state intends to introduce in its case in chief pursuant to Code of Evidence Article 801(D)(3)(b).

Added by Acts 1977, No. 515, §1. Acts 1988, No. 515, §3, eff. Jan. 1, 1989; Acts 2013, No. 250, §1.

NOTE: See Acts 2013, No. 250, §2, relative to applicability.
La. Civ. Code art. 3127 — LA Code / Code civil-code / Article 3127
Amount of award.
Status: in_force

The arbitrators shall fix by their award the amount of the sum which they sentence one or several of the parties to pay to the other or others, though the omission of this does not annul the award.
La. Code Crim. Proc. art. 925 — LA Code / Code code-of-criminal-procedure / Article 925
Venue
Status: in_force

Applications for post conviction relief shall be filed in the parish in which the petitioner was convicted.

Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981.
La. Civ. Code art. 1426 — LA Code / Code civil-code / Article 1426
Classification of receipts and expenditures in absence of controlling dispositions
Status: in_force

In the absence of an express testamentary provision or applicable provision of law, receipts and expenditures are allocated in accordance with what is reasonable and equitable in view of the interests of the successors who are entitled to the fruits and products as well as the interests of the successors who are entitled to ownership of the property, and in view of the manner in which persons of ordinary prudence, discretion, and intelligence would act in the management of their own affairs.

The compensation of the succession representative and professional fees incurred after death, such as legal, accounting and appraisal fees, shall be allocated between debts of the decedent and administration expenses in accordance with the provisions of this Article.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Code Civ. Proc. art. 2125 — LA Code / Code code-of-civil-procedure / Article 2125
Return day
Status: in_force

The return day of the appeal shall be thirty days from the date estimated costs are paid if there is no testimony to be transcribed and lodged with the record and forty-five days from the date such costs are paid if there is testimony to be transcribed, unless the trial judge fixes a lesser period. The trial court may grant only one extension of the return day and such extension shall not be more than thirty days. A copy of the extension shall be filed with the appellate court. Subsequent extensions of the return day may be granted by the appellate court for sufficient cause or at the request of the court reporter as provided in Article 2127.2.

Amended by Acts 1976, No. 426, §2; Acts 1977, No. 177, §1, eff. Jan. 1, 1978. Acts 1984, No. 937, §1.
La. Civ. Code art. 1762 — LA Code / Code civil-code / Article 1762
Examples of circumstances giving rise to a natural obligation
Status: in_force

Examples of circumstances giving rise to a natural obligation are:

(1) When a civil obligation has been extinguished by prescription or discharged in bankruptcy.

(2) When an obligation has been incurred by a person who, although endowed with discernment, lacks legal capacity.

(3) When the universal successors are not bound by a civil obligation to execute the donations and other dispositions made by a deceased person that are null for want of form.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Civ. Proc. art. 1874 — LA Code / Code code-of-civil-procedure / Article 1874
Interested person may obtain declaration of rights; purpose
Status: in_force

A person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, lunatic, or insolvent, may have a declaration of rights or legal relations in respect thereto:

(1) To ascertain any class of creditors, devisees, legatees, heirs, next of kin or others;

(2) To direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or

(3) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
La. Civ. Code art. 2295 — LA Code / Code civil-code / Article 2295
Duties of the manager; liability for loss
Status: in_force

The manager must exercise the care of a prudent administrator and is answerable for any loss that results from his failure to do so. The court, considering the circumstances, may reduce the amount due the owner on account of the manager's failure to act as a prudent administrator.

Acts 1995, No. 1041, §1, eff. Jan. 1, 1996.
La. Code Crim. Proc. art. 905.9 — LA Code / Code code-of-criminal-procedure / Article 905.9
Review on appeal
Status: in_force

The Supreme Court of Louisiana shall review every sentence of death to determine if it is excessive. The court by rules shall establish such procedures as are necessary to satisfy constitutional criteria for review.

Added by Acts 1976, No. 694, §1.
La. Civ. Code art. 486 — LA Code / Code civil-code / Article 486
Possessor's right to fruits.
Status: in_force

A possessor in good faith acquires the ownership of fruits he has gathered. If he is evicted by the owner, he is entitled to reimbursement of expenses for fruits he was unable to gather.

A possessor in bad faith is bound to restore to the owner the fruits he has gathered, or their value, subject to his claim for reimbursement of expenses.

Acts 1979, No. 180, §1.
La. Civ. Code art. 2821 — LA Code / Code civil-code / Article 2821
Partnership constituted for term; withdrawal.
Status: in_force

If a partnership has been constituted for a term, a partner may withdraw without the consent of his partners prior to the expiration of the term provided he has just cause arising out of the failure of another partner to perform an obligation.

Acts 1980, No. 150, §1.
La. Code Crim. Proc. art. 810 — LA Code / Code code-of-criminal-procedure / Article 810
Form of verdict; delivery of verdict
Status: in_force

When a verdict has been agreed upon, the foreman shall write the verdict on the back of the list of responsive verdicts given to the jury and shall sign it. There shall be no formal requirement as to the language of the verdict except that it shall clearly convey the intention of the jury.

The foreman of the jury shall deliver the verdict to the judge in open court.
La. Code Civ. Proc. art. 1040 — LA Code / Code code-of-civil-procedure / Article 1040
Words "plaintiff" and "defendant" include plaintiff and defendant in an incidental action
Status: in_force

Unless the context clearly indicates otherwise, wherever the words "plaintiff" and "defendant" are used in this Code, they respectively include a plaintiff and a defendant in an incidental demand.
La. Civ. Code art. 2512 — LA Code / Code civil-code / Article 2512
Warranty against eviction from proceeds
Status: in_force

The warranty against eviction extends also to those things that proceed from the thing sold.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Civ. Proc. art. 1429 — LA Code / Code code-of-civil-procedure / Article 1429
Perpetuation of testimony; petition
Status: in_force

A person who desires to perpetuate his own testimony or that of another person regarding any matter that may be cognizable in any court of this state may file a verified petition in a court in which the anticipated action might be brought. The petition shall be entitled in the name of the petitioner and shall show:

(1) That the petitioner expects to be a party to an action cognizable in a court of this state but is presently unable to bring it or cause it to be brought.

(2) The subject matter of the expected action and his interest therein.

(3) The facts which he desires to establish by the proposed testimony and his reasons for desiring to perpetuate it.

(4) The names or a description of the persons he expects will be adverse parties and their addresses so far as known.

(5) The names and addresses of the persons to be examined and the substance of the testimony which he expects to elicit from each, and shall ask for an order authorizing the petitioner to take the depositions of the persons to be examined named in the petition, for the purpose of perpetuating their testimony.

Acts 1976, No. 574, §1.
La. Ch. Code art. 410 — LA Code / Code childrens-code / Article 410
Recording of proceedings
Status: in_force

Juvenile proceedings, except in cases of traffic violations pursuant to Title IX, shall be recorded.

Acts 1991, No. 235, §4, eff. Jan. 1, 1992.
La. Civ. Code art. 2723 — LA Code / Code civil-code / Article 2723
Term of reconducted nonagricultural lease
Status: in_force

The term of a reconducted nonagricultural lease is:

(1) From month to month in the case of a lease whose term is a month or longer;

(2) From day to day in the case of a lease whose term is at least a day but shorter than a month; and

(3) For periods equal to the expired term in the case of a lease whose term is less than a day.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Civ. Code art. 3216 — LA Code / Code civil-code / Article 3216
Special privileges on movables.
Status: in_force

The privileges enumerated in the preceding section, extend to all the movables of the debtor, without distinction.

There are some which act only on particular movables and no other; and it is of these last that we shall treat in this and the following sections.
La. Civ. Code art. 2893 — LA Code / Code civil-code / Article 2893
Things that may be lent
Status: in_force

Any nonconsumable thing that is susceptible of ownership may be the object of a loan for use.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
La. Code Civ. Proc. art. 3431 — LA Code / Code code-of-civil-procedure / Article 3431
Small successions; judicial opening unnecessary
Status: in_force

A. It shall not be necessary to open judicially the small succession of any of the following persons:

(1) A person domiciled in Louisiana who died intestate.

(2) A person domiciled in Louisiana who died testate leaving no immovable property in Louisiana, if the surviving spouse, all persons who would inherit under the testament, and all other persons who would inherit in the absence of a testament agree to waive probate of the testament.

(3) A person domiciled outside of Louisiana who died intestate or whose testament has been probated by court order of another state.

B. Any person appointed as public administrator by the governor may use the affidavit procedure of this Chapter to take possession of the estate of the deceased, if the estate of the deceased would qualify as a small succession, for transmittal to the state, provided that there is no surviving spouse or other heir present or represented in the state and provided that the public administrator has advertised one time in the official journal of the parish where a succession would have been opened in accordance with Article 2811 and verifies that no notice of opposition has been received.

C. The legal notice required in Paragraph B of this Article shall read as follows:

"Notice is hereby given to any heirs or creditors of __________ that _________, Public Administrator for the parish of _______________, intends to administer the intestate succession of __________________, under the provisions of Small Successions as set forth in Chapter 2 of Title V of Book VI of the Code of Civil Procedure.

Anyone having an objection to the administration of the succession should notify ________________ at _________________________________."

D. Repealed by Acts 2011, No. 323, §2, eff. June 29, 2011.

Amended by Acts 1984, No. 623, §1, eff. July 12, 1984; Acts 1990, No. 701, §1; Acts 1995, No. 111, §1; Acts 2006, No. 257, §1, eff. June 8, 2006; Acts 2009, No. 81, §1, eff. June 18, 2009; Acts 2011, No. 323, §§1, 2, eff. June 29, 2011; Acts 2012, No. 618, §1, eff. June 7, 2012; Acts 2020, No. 173, §1; Acts 2024, No. 90, §1.
La. Code Civ. Proc. art. 962 — LA Code / Code code-of-civil-procedure / Article 962
Form of written motion
Status: in_force

A written motion shall comply with Articles 853 and 863, and shall state the grounds therefor, and the relief or order sought. It must also comply with Article 854 if the motion is lengthy, and whenever applicable, with Articles 855 through 861.
La. Code Evid. art. 504 — LA Code / Code code-of-evidence / Article 504
Spousal confidential communications privilege
Status: in_force

A. Definition. A communication is "confidential" if it is made privately and is not intended for further disclosure unless such disclosure is itself privileged.

B. Confidential communications privilege. Each spouse has a privilege during and after the marriage to refuse to disclose, and to prevent the other spouse from disclosing, confidential communications with the other spouse while they were husband and wife.

C. Confidential communications; exceptions. This privilege does not apply:

(1) In a criminal case in which one spouse is charged with a crime against the person or property of the other spouse or of a child of either.

(2) In a civil case brought by or on behalf of one spouse against the other spouse.

(3) In commitment or interdiction proceedings as to either spouse.

(4) When the communication is offered to protect or vindicate the rights of a minor child of either spouse.

(5) In cases otherwise provided by legislation.

Acts 1992, No. 376, §1, eff. Jan. 1, 1993.