FrankGoortani/open-us-law huggingface dataset:
La. Code Crim. Proc. art. 560 — LA Code / Code code-of-criminal-procedure / Article 560
Change of plea of not guilty to guilty
Status: in_force

A defendant may at any time withdraw a plea of not guilty and plead guilty, subject to the limitations stated in Articles 556 through 559.
La. Civ. Code art. 536 — LA Code / Code civil-code / Article 536
Consumable things.
Status: in_force

Consumable things are those that cannot be used without being expended or consumed, or without their substance being changed, such as money, harvested agricultural products, stocks of merchandise, foodstuffs, and beverages.

Acts 1976, No. 103, §1.
La. Civ. Code art. 1291 — LA Code / Code civil-code / Article 1291
Venue of action where property partly in different parishes.
Status: in_force

Whenever two or more persons shall be coproprietors of one continuous tract of land situated partly in different parishes, any one or more of the coproprietors may institute an action for partition of the whole of the tract in any one of such parishes.
La. Civ. Code art. 1617 — LA Code / Code civil-code / Article 1617
Disinherison of forced heirs
Status: in_force

A forced heir shall be deprived of his legitime if he is disinherited by the testator, for just cause, in the manner prescribed in the following Articles.

Acts 2001, No. 573, §1, eff. June 22, 2001.
La. Ch. Code art. 1186 — LA Code / Code childrens-code / Article 1186
Confidential adoption records; disclosure
Status: in_force

A. All adoption records shall be retained in confidential files, and it shall be unlawful for anyone except the biological or adopting parent to disclose any identifying information concerning any individual adoption case, except as follows:

(1) Upon order of the court, after giving proper notice as required in Article 1190 or as otherwise authorized by this Code.

(2) Disclosure pursuant to R.S. 40:73, 77, or 79.

(3) For purposes directly connected with an adoption agency's responsibilities in relation to adoption work as permitted by its rules and regulations.

B. If the agency, firm, or lawyer ceases to do business in this state, it shall transfer its adoption records to the Department of Children and Family Services or another transferee approved by the department. Thereafter, the transferee shall ensure the preservation and confidentiality of records required by Paragraph A of this Article and assumes responsibility for providing nonidentifying information as required by Articles 1127 and 1127.1.

C. Any person who violates this requirement of confidentiality shall be fined not more than five hundred dollars or imprisoned for not more than ninety days, or both.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2003, No. 812, §1; Acts 2008, No. 583, §1; Acts 2022, No. 470, §1.
La. Code Civ. Proc. art. 3396.10 — LA Code / Code code-of-civil-procedure / Article 3396.10
Survivorship
Status: in_force

If the testament contains a provision that a legatee must survive the decedent by a prescribed period of time in order to take under the testament, the legatee living at the time of filing of the application for independent administration shall be the legatee authorized to consent to independent administration.

Acts 2001, No. 974, §1.
La. Ch. Code art. 1109 — LA Code / Code childrens-code / Article 1109
Domiciliary requirements
Status: in_force

A surrendering parent must be domiciled in this state for at least eight months, unless a prospective adoptive parent has been domiciled in this state for at least eight months, or the child is in the custody of the Department of Children and Family Services.

Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1999, No. 1243, §2, eff. Jan. 1, 2000; Acts 2001, No. 1064, §2.
La. Code Civ. Proc. art. 807 — LA Code / Code code-of-civil-procedure / Article 807
Transfer of interest
Status: in_force

When a party to an action transfers an interest in the subject matter thereof, the action shall be continued by or against such party, unless the court directs that the transferee be substituted for or joined with the transferor
La. Code Civ. Proc. art. 3753 — LA Code / Code code-of-civil-procedure / Article 3753
Cancellation of notice of pendency
Status: in_force

When judgment is rendered in the action or proceeding against the party who filed the notice of the pendency thereof, the judgment shall order the cancellation of the notice at the expense of the party who filed it, and as part of the costs of the action or proceeding. Nevertheless, the notice of pendency filed in connection with the proceeding which gave rise to the judgment shall be canceled at the request of any interested party if the judgment has been canceled or if the action or proceeding has been dismissed.

Acts 1999, No. 870, §1.
La. Civ. Code art. 2928 — LA Code / Code civil-code / Article 2928
Nature of the contract
Status: in_force

The contract of deposit may be either onerous or gratuitous. It is gratuitous in the absence of contrary agreement, custom, or usage.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.
La. Code Civ. Proc. art. 3862 — LA Code / Code code-of-civil-procedure / Article 3862
Mandamus; issuance of
Status: in_force

A writ of mandamus may be issued in all cases where the law provides no relief by ordinary means or where the delay involved in obtaining ordinary relief may cause injustice; provided, however, that no court shall issue or cause to be issued a writ of mandamus to compel the expenditure of state funds by any state department, board or agency, or any officer, administrator or head thereof, or any officer of the state of Louisiana, in any suit or action involving the expenditure of public funds under any statute or law of this state, 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.

Amended by Acts 1969, No. 34, §3.
La. Code Civ. Proc. art. 1552 — LA Code / Code code-of-civil-procedure / Article 1552
Environmental management orders
Status: in_force

Upon the request of any party in any civil action alleging environmental damage pursuant to R.S. 30:29, or the Department of Conservation and Energy, office of conservation, the court shall direct the attorneys for the parties to appear before the court to develop an environmental management order. The environmental management order shall authorize all parties to access the property allegedly impacted to perform inspections and environmental testing. The order shall require that all test results be submitted to all parties and the Department of Conservation and Energy, office of conservation, within thirty days of receipt thereof. Failure by a party to provide the results of testing to the other parties shall preclude that party from admitting those results into evidence in the civil action. The environmental management order shall include reasonable terms for all of the following:

(1) Access to the property.

(2) Investigation and environmental testing.

(3) Sampling and testing protocols.

(4) Specific time frames within which to conduct such testing and sampling.

Acts 2012, No. 754, §1; Acts 2023, No. 150, §23, eff. Jan. 10, 2024.
La. Ch. Code art. 1030 — LA Code / Code childrens-code / Article 1030
Suspension of right of voluntary surrender of parental rights by initiation of termination proceeding
Status: in_force

Once a petition to terminate parental rights has been filed, the parent is thereafter without authority to execute an act of surrender or otherwise to affect the custody of the child except:

(1) The parent may execute an act of surrender in favor of the department with the approval of the court.

(2) The parent may consent to a judgment terminating his parental rights as provided in Article 1025.2.

Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 2012, No. 730, §1.
La. Code Crim. Proc. art. 958 — LA Code / Code code-of-criminal-procedure / Article 958
Suspension of time limitations in declared disaster, emergency, or public health emergency
Status: in_force

A. Notwithstanding any provision of law to the contrary, if the governor has declared a disaster or emergency pursuant to the provisions of R.S. 29:721 et seq. or a public health emergency pursuant to R.S. 29:760 et seq., the supreme court is authorized to issue an order, or series of orders as it determines to be necessary and appropriate, that shall have the full force and effect of suspending all time periods, limitations, and delays pertaining to the initiation, continuation, prosecution, defense, appeal, and post-conviction relief of any prosecution of any state or municipal criminal, juvenile, wildlife, or traffic matter within the state of Louisiana including but not limited to any such provisions in this Code, the Children's Code, and Titles 14, 15, 32, 40, and 56 of the Louisiana Revised Statutes of 1950, or in any other provision of Louisiana law, for a determinate period of thirty days except as otherwise provided by this Article.

B. The thirty-day period provided for in this Article shall commence to run from the date the supreme court issues the order or from a particular date specified by the supreme court in the order, whichever is earlier.

C. The thirty-day period provided in Paragraph A of this Article may be extended by further order of the supreme court for additional successive periods with each period not exceeding thirty days.

D. The period of suspension authorized by the provisions of this Article shall terminate upon order of the supreme court or upon termination of the declared disaster, emergency, or public health emergency, whichever is earlier.

E. The provisions of this Article shall not apply to Articles 230.1, 230.2, and 232 and Children's Code Articles 624 and 819.

F. Nothing in this Article shall be construed to negate or impair the application of any other provision of law regarding the suspension or interruption of time periods, limitations, or delays.

Acts 2020, No. 285, §1, eff. June 11, 2020.
La. Code Crim. Proc. art. 575 — LA Code / Code code-of-criminal-procedure / Article 575
Interruption of time limitations
Status: in_force

The periods of limitation established by this Chapter shall be interrupted when the defendant:

(1) For the purpose of avoiding detection, apprehension or prosecution, flees from the state, is outside the state, or is absent from his usual place of abode within the state; or

(2) Lacks mental capacity to proceed at trial and is committed in accordance with Article 648 of this Code.

Amended by Acts 1979, No. 318, §1.
La. Code Civ. Proc. art. 1235 — LA Code / Code code-of-civil-procedure / Article 1235
Service on representative
Status: in_force

A. Service is made on a person who is represented by another by appointment of court, operation of law, or mandate, through personal or domiciliary service on such representative.

B. Service on an attorney, as a representative of a client, is proper when the attorney's secretary is served in the attorney's office.

C. For the purposes of this Article "secretary" shall be defined as the person assigned to a particular attorney and who is charged with the performance of that part of the attorney's business concerned with the keeping of records, the sending and receiving of correspondence, and the preparation and monitoring of the attorney's appointments calendar.

Acts 1991, No. 45, §1.
La. Civ. Code art. 396 — LA Code / Code civil-code / Article 396
Effective date of judgment of interdiction
Status: in_force

A judgment of interdiction has effect retroactive to the date of the filing of the petition for interdiction.

Acts 2000, 1st Ex. Sess., No. 25, §1, eff. July 1, 2001.
La. Code Civ. Proc. art. 3998 — LA Code / Code code-of-civil-procedure / Article 3998
Recordation
Status: in_force

A. The clerk of court shall record every judgment granting, modifying, or terminating emancipation in the conveyance records of the parish in which the judgment was rendered.

B. Within fifteen days of the signing of a judgment granting, modifying, or terminating emancipation, the petitioner shall cause it to be recorded in the conveyance records of every other parish in which the minor owns immovable property.

Acts 2008, No. 786, §2, eff. Jan. 1, 2009.
La. Civ. Code art. 1387 — LA Code / Code civil-code / Article 1387
Proportionate liability of coheirs.
Status: in_force

Each of the coheirs is personally bound in proportion to his hereditary share, to indemnify his coheir for the loss which the eviction has caused him.
La. Civ. Code art. 1252 — LA Code / Code civil-code / Article 1252
Collation in kind, definition.
Status: in_force

The collation is made in kind, when the thing which has been given, is delivered up by the donee to be united to the mass of the succession.
La. Code Civ. Proc. art. 3941 — LA Code / Code code-of-civil-procedure / Article 3941
Court where action brought; nullity of judgment of court of improper venue
Status: in_force

A. An action for an annulment of marriage or for a divorce shall be brought in a parish where either party is domiciled, or in the parish of the last matrimonial domicile.

B. The venue provided in this Article may not be waived, and a judgment rendered in either of these actions by a court of improper venue is an absolute nullity.

Acts 1990, No. 1009, §4, eff. Jan. 1, 1991.
La. Code Civ. Proc. art. 5151 — LA Code / Code code-of-civil-procedure / Article 5151
Discussion defined
Status: in_force

Discussion is the right of a secondary obligor to compel the creditor to enforce the obligation against the property of the primary obligor or, if the obligation is a legal or judicial mortgage, against other property affected thereby, before enforcing it against the property of the secondary obligor.
La. Civ. Code art. 1315 — LA Code / Code civil-code / Article 1315
Partition suits by curators of absent heirs.
Status: in_force

With regard to the absent coheirs, the curators who have been appointed to them, or the relations who have been put into possession of their effects, can sue or be sued for a partition as representing in every respect the absent heirs.
La. Code Civ. Proc. art. 2416 — LA Code / Code code-of-civil-procedure / Article 2416
Venue of garnishment proceedings
Status: in_force

The venue of a garnishment proceeding under a writ of fieri facias is the parish where the garnishee may be sued under Article 42 only or Article 77.

The venue of a garnishment proceeding under a writ of attachment or sequestration, in an action against a resident of the state, is any parish where the defendant may be sued.

Amended by Acts 1964, No. 4, §1; Acts 1989, No. 117, §1.
La. Civ. Code art. 3065 — LA Code / Code civil-code / Article 3065
Qualifications of legal surety; evidenced by affidavit; lack thereof not a defense
Status: in_force

Legal suretyship may be given only by a person authorized to conduct a surety business in Louisiana or by a natural person domiciled in this state who owns property in this state that is subject to seizure and is of sufficient value to satisfy the obligation of the surety.

The qualification of a natural person to act as legal surety must be evidenced by his affidavit and the affidavit of the principal obligor.

A legal surety may not raise his lack of qualification as a defense to an action on his contract.

Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
La. Code Crim. Proc. art. 361 — LA Code / Code code-of-criminal-procedure / Article 361
Custody without court order
Status: in_force

If the person in custody is being held not by virtue of a court order, the court, after the hearing, shall discharge or refuse to discharge the person from custody as justice may require.
La. Civ. Code art. 359 — LA Code / Code civil-code / Article 359
Restriction on legal capacity
Status: in_force

A person under full continuing tutorship has the legal capacity of an unemancipated minor or any lesser capacity as may be ordered in the decree. A person under limited continuing tutorship has legal capacity in accordance with the decree of continuing tutorship.

Added by Acts 1966, No. 496, §2. Amended by Acts 1974, No. 714, §1; Acts 2014, No. 811, §30, eff. June 23, 2014; Acts 2018, No. 164, §1; Acts 2024, No. 123, §1.
La. Code Crim. Proc. art. 893.4 — LA Code / Code code-of-criminal-procedure / Article 893.4
Inapplicability to unintentional felonies
Status: in_force

The provisions of Article 893.3 shall not apply to a conviction for a felony in which criminal negligence is an element of the offense unless the firearm was actually used or discharged during the commission of the offense.

Acts 1988, No. 319, §1; Acts 1999, No. 575, §1.
La. Civ. Code art. 466 — LA Code / Code civil-code / Article 466
Component parts of a building or other construction
Status: in_force

Things that are attached to a building and that, according to prevailing usages, serve to complete a building of the same general type, without regard to its specific use, are its component parts. Component parts of this kind may include doors, shutters, gutters, and cabinetry, as well as plumbing, heating, cooling, electrical, and similar systems.

Things that are attached to a construction other than a building and that serve its principal use are its component parts.

Other things are component parts of a building or other construction if they are attached to such a degree that they cannot be removed without substantial damage to themselves or to the building or other construction.

Acts 1978, No. 728, §1; Acts 2005, No. 301, §1, eff. June 29, 2005; Acts 2006, No. 765, §1; Acts 2008, No. 632, §1, eff. July 1, 2008.
La. Code Civ. Proc. art. 4371 — LA Code / Code code-of-civil-procedure / Article 4371
Petition for authority to exchange
Status: in_force

In addition to the requirements of Article 4271, a petition for authority to exchange the property of a minor for other property, or for other property and cash, shall set forth a description of both properties, the tutor's opinion of the values thereof, the conditions of the exchange, and the reasons why such an exchange would be advantageous to the minor.

Added by Acts 1962, No. 92, §5.
La. Code Civ. Proc. art. 330 — LA Code / Code code-of-civil-procedure / Article 330
Collection of fines from, and imprisonment of, persons found guilty of contempt of court
Status: in_force

The sheriff shall collect the fines which persons found guilty of contempt of court are sentenced to pay, and pay them over to the official entitled by law to receive them. He shall take into custody and imprison individuals found guilty of contempt of court and sentenced to imprisonment in the parish jail.
La. Civ. Code art. 95 — LA Code / Code civil-code / Article 95
Relatively null marriage; confirmation
Status: in_force

A marriage is relatively null when the consent of one of the parties to marry is not freely given. Such a marriage may be declared null upon application of the party whose consent was not free. The marriage may not be declared null if that party confirmed the marriage after recovering his liberty or regaining his discernment.

Acts 1987, No. 886, §1, eff. Jan. 1, 1988
La. Ch. Code art. 878 — LA Code / Code childrens-code / Article 878
Order of adjudication hearing
Status: in_force

A. The normal order of an adjudication hearing shall be:

(1) Presentation of evidence offered by the state.

(2) Presentation of evidence offered on behalf of the child.

(3) Presentation of evidence to rebut evidence offered on behalf of the child.

(4) Closing arguments of counsel.

B. With consent of counsel, the order may be varied. When the child is not represented by counsel, the order may not be varied.

C. The court may permit opening statements of the state and of counsel representing the child.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Ch. Code art. 1556 — LA Code / Code childrens-code / Article 1556
Declaration for the benefit of a terminally ill child
Status: in_force

If a child has been certified as required by Article 1555, the child's parent or his guardian may make a declaration to document the decision concerning the withholding or withdrawal of medical treatment or life-sustaining procedures on the child's behalf, except where either:

(1) The parent or guardian has actual notice of contrary indications by the affected child.

(2) The parent or guardian has actual notice of opposition to the decision by the other parent or by the child's guardian.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 3823 — LA Code / Code code-of-civil-procedure / Article 3823
Persons authorized to make service; proof of service
Status: in_force

A writ of habeas corpus may be served by any person over the age of twenty-one who is capable of testifying.

If the writ is served by someone other than a sheriff, the affidavit of the person who served it shall be prima facie proof of such service.
La. Code Civ. Proc. art. 3958 — LA Code / Code code-of-civil-procedure / Article 3958
Voluntary dismissal
Status: in_force

A judgment dismissing a petition for divorce under Civil Code Article 102 shall be rendered upon joint application of the parties and upon payment of all costs, or upon contradictory motion of the plaintiff. A judgment of dismissal rendered under this Article shall be without prejudice to any separation of property decree rendered under Civil Code Articles 2374 and 2375.

Acts 1993, No. 628, §1.
La. Code Civ. Proc. art. 5125 — LA Code / Code code-of-civil-procedure / Article 5125
Insufficiency or invalidity of bond; effect on orders or judgments; appeal from order for supplemental bond
Status: in_force

No appeal, order, judgment, writ, mandate, or process conditioned on the furnishing of security may be dismissed, set aside, or dissolved on the ground that the bond furnished is insufficient or invalid unless the party who furnished it is afforded an opportunity to furnish a new or supplemental bond, as provided in Articles 5124 and 5126.

No suspensive appeal is allowed from an order or ruling of a trial court requiring or permitting a new or supplemental bond to be furnished as provided in Articles 5124 and 5126.
La. Civ. Code art. 2460 — LA Code / Code civil-code / Article 2460
Sale on view or trial
Status: in_force

When the buyer has reserved the view or trial of the thing, ownership is not transferred from the seller to the buyer until the latter gives his approval of the thing.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Civ. Proc. art. 4073 — LA Code / Code code-of-civil-procedure / Article 4073
Functions, duties, and authority of provisional tutor
Status: in_force

The functions of a provisional tutor are limited to the care of the person of the minor and the preservation of his rights and property. In the performance of his functions, a provisional tutor has the same authority, and is subject to the same duties and obligations, as a tutor.

Under specific authority of the court which appointed him, a provisional tutor may:

(1) Institute and prosecute an action to enforce judicially a right of the minor; and

(2) Operate a business belonging to the minor.

A provisional tutor shall file an account upon the termination of his authority.
La. Code Civ. Proc. art. 926 — LA Code / Code code-of-civil-procedure / Article 926
Objections raised by dilatory exception; waiver
Status: in_force

A. The objections which may be raised through the dilatory exception include but are not limited to the following:

(1) Prematurity.

(2) Want of amicable demand.

(3) Unauthorized use of summary proceeding.

(4) Nonconformity of the petition with any of the requirements of Article 891.

(5) Vagueness or ambiguity of the petition.

(6) Lack of procedural capacity.

(7) Improper cumulation of actions, including improper joinder of parties.

(8) Discussion.

B. All objections which may be raised through the dilatory exception are waived unless pleaded therein.

Acts 1995, No. 662, §1.
La. Code Civ. Proc. art. 865 — LA Code / Code code-of-civil-procedure / Article 865
Construction of pleadings
Status: in_force

Every pleading shall be so construed as to do substantial justice.